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Topic: Legislative power


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  Constitution CII-1   (Site not responding. Last check: 2007-11-07)
The powers of the government of this state are divided into three distinct departments, the legislative, executive and judicial, and no person or collection of persons being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.
Delegation of legislative powers to a county committee to fix boundaries of school district was constitutional.
Under separation of powers of government, judiciary has the inherent right to admit attorneys to practice law and prescribe their qualifications, and while Legislature may impose minimum standards as an exercise of the police power, the judiciary is not required to accept lower standards than it prescribes.
statutes.unicam.state.ne.us /Corpus/chapC/CII-1.html   (2176 words)

  
 Article 4 Part 1 Section 1 - Legislative authority; initiative and referendum
All petitions submitted under the power of the referendum shall be known as referendum petitions, and shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislature which shall have passed the measure to which the referendum is applied.
The powers of the initiative and the referendum are hereby further reserved to the qualified electors of every incorporated city, town, and county as to all local, city, town, or county matters on which such incorporated cities, towns, and counties are or shall be empowered by general laws to legislate.
Under the power of the initiative fifteen per centum of the qualified electors may propose measures on such local, city, town, or county matters, and ten per centum of the electors may propose the referendum on legislation enacted within and by such city, town, or county.
www.azleg.state.az.us /const/4/1.p1.htm   (715 words)

  
 [No title]   (Site not responding. Last check: 2007-11-07)
Part II examines the scope of the state judiciary's power to decide whether acts of the coordinate branches are constitutional and considers the state constitution's separation of powers clause as a limit on the judiciary's power to remedy constitutional violations by the executive or legislature.
Part IV concludes that judicial exercise of power vested in the legislature, even as a means of remedying constitutional violations by the legislature, is inconsistent with the separation of powers clause and is an unconstitutional usurpation of legislative power by the judiciary.
Courts have often construed state constitutions as distributing the powers of government among the three branches according to the "nature" of the various powers of government; that is, as vesting powers which are legislative in nature in the legislature, "powers executive in their nature in the executive department.
www.law.ua.edu /lawreview/spence.htm   (10618 words)

  
 The Beijing-Hong Kong Legislative Relationship   (Site not responding. Last check: 2007-11-07)
Legislative power is an inherent part of the power structure of a polity.
The allocation and distribution of legislative powers within a polity, including those of the center and a region, depend largely on the political system and the ideological basis on which the polity is established.
Opponents of the veto power argued that it would hamper the SAR in exercising its "high degree of autonomy," resulting in a situation of "one country, one system" rather than the promised "one country, two systems." They suggested that the veto power should be vested in the SAR Court of Final Appeal (CFA).
www.oycf.org /perspectives/7_083100/beijing_hongkong.htm   (4353 words)

  
 Political Science 442
Thus, given the expansive scope of government, the nature of the legislative process, and the fact that many of the subjects of regulation are both complex and esoteric, Congress has come to rely more and more on “experts” for the development as well as the implementation of regulations.
The constitutional grant of legislative power to an elected institution reflects the fundamental national commitment to the idea of democracy, albeit in a form limited by constitutional strictures.
In Marshall’s view, the transfer of power was justified because: (1) the subject was of “less interest” to the Congress than the Court; and (2) the Court was merely “filling in the details” of a more general congressional provision.
web.utk.edu /~scheb/delegation.html   (2832 words)

  
 The Constitution of the United States of America   (Site not responding. Last check: 2007-11-07)
The legislative power, the Framers both knew and feared, was predominant in a society dependent upon the suffrage of the people, and it was important to have a precaution against the triumph of transient majorities.
The most serious inroads on the doctrine of enumerated powers are, in fact, those which have taken place under cover of the doctrine--the vast expansion in recent years of national legislative power in the regulation of commerce among the States and in the expenditure of the national revenues.
In that period the power of inquiry--with enforcing process--was regarded and employed as a necessary and appropriate attribute of the power to legislate-- indeed, was treated as inhering in it.
www.gpoaccess.gov /constitution/html/art1.html   (9635 words)

  
 Modern History Sourcebook: Montesquieu: Spirit of the Laws, 1748
The executive power ought to be in the hands of a monarch; because this branch of government, which has always need of expedition, is better administered by one than by many: Whereas, whatever depends on the legislative power, is oftentimes better regulated by many than by a single person.
Were the executive power not to have a right of putting a stop to the encroachments of the legislative body, the latter would become despotic; for as it might arrogate to itself what authority it pleased, it would soon destroy all the other powers.
To prevent the executive power from being able to oppress, it is requisite, that the armies, with which it is intrusted, should consist of` the people, and have the same spirit as the people, as was the case at Rome, till the time of Marius.
www.fordham.edu /halsall/mod/montesquieu-spirit.html   (1723 words)

  
 The Federalist #47
The several departments of power are distributed and blended in such a manner as at once to destroy all symmetry and beauty of form, and to expose some of the essential parts of the edifice to the danger of being crushed by the disproportionate weight of other parts.
The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny.
One branch of the legislative department forms also a great constitutional council to the executive chief, as, on another hand, it is the sole depositary of judicial power in cases of impeachment, and is invested with the supreme appellate jurisdiction in all other cases.
usinfo.state.gov /usa/infousa/facts/funddocs/fed/federa47.htm   (2068 words)

  
 legislative investigative powers --  Encyclopædia Britannica   (Site not responding. Last check: 2007-11-07)
In most countries this power is exercised primarily to provide a check on the executive branch of government.
The primary importance of the notion of contempt is that it warrants judicial action in defense of the judicial or legislative power itself.
The slogan “fl power,” coined by Stokely Carmichael (later Kwame Touré) in 1966, came to signify both the radical, militant wing of the civil rights movement and, more generally, the idea of uniting and...
www.britannica.com /eb/article-9047643?tocId=9047643   (809 words)

  
 WHITMAN v. AMERICAN TRUCKING ASSNS., INC.
We could choose to articulate our ultimate disposition of this issue by frankly acknowledging that the power delegated to the EPA is “legislative” but nevertheless conclude that the delegation is constitutional because adequately limited by the terms of the authorizing statute.
The proper characterization of governmental power should generally depend on the nature of the power, not on the identity of the person exercising it.
Synar, 478 U.S., 752 (1986) (Stevens, J., concurring in judgment) (“Despite the statement in Article I of the Constitution that ‘All legislative powers herein granted shall be vested in a Congress of the United States,’ it is far from novel to acknowledge that independent agencies do indeed exercise legislative powers”); INS v.
straylight.law.cornell.edu /supct/html/99-1257.ZC1.html   (766 words)

  
 Locke ~ Chapter 11
Their power, in the utmost bounds of it, is limited to the public good of the society.
This were to put themselves into a worse condition than the state of nature, wherein they had a liberty to defend their right against the injuries of others, and were upon equal terms of force to maintain it, whether invaded by a single man, or many in combination.
This is not much to be feared in governments where the legislative consists, wholly or in part, in assemblies which are variable, whose members, upon the dissolution of the assembly, are subjects under the common laws of their country, equally with the rest.
www.federalist.com /histdocs/locke11.htm   (738 words)

  
 Chuuk Constitution Article 05
The legislative power of the State Government is vested in the Legislature, which consists of the Senate and the House of Representatives.
The power to investigate and issue subpoenas is expressly granted the legislature by the constitution.
The power to investigate has historically been found to be an inherent power of the legislative process and a power that is very broad.
www.fsmlaw.org /chuuk/constitution/article05.htm   (2294 words)

  
 Locke - Essay on Government   (Site not responding. Last check: 2007-11-07)
Though the legislative, whether placed in one or more, whether it be always in being or only by intervals, though it be the supreme power in every commonwealth, yet, first, it is not, nor can possibly be, absolutely arbitrary over the lives and fortunes of the people.
Secondly, the legislative or supreme authority cannot assume to itself a power to rule by extemporary arbitrary decrees, but is bound to dispense justice and decide the rights of the subject by promulgated standing laws,* and known authorised judges.
What power they ought to have in the society who thus employ it contrary to the trust that along with it in its first institution, is easy to determine; and one cannot but see that he who has once attempted any such thing as this cannot any longer be trusted.
arapaho.nsuok.edu /~cherry/sharp/locke10.htm   (3442 words)

  
 SSRN-Reports of the Nondelegation Doctrine's Death are Greatly Exaggerated by Lawrence Alexander, Saikrishna Prakash
In their view, the "legislative power" generally references the right to vote on bills in a legislature along with the other de jure powers of legislators.
Hence, if one concludes that Congress cannot delegate legislative powers (either because such grants are not authorized or, alternatively, are implicitly forbidden), one must be worried that at some point, the delegation of large amounts of discretion might constitute a delegation of legislative power.
He was not merely claiming that those with the legislative power could not cede votes in the legislature.
papers.ssrn.com /sol3/papers.cfm?abstract_id=449020   (873 words)

  
 FindLaw: U.S. Constitution: Article I: Annotations pg. 4 of 58
The first idea is the doctrine of separation of powers, the idea that the law-making power is vested in the legislative branch, the law-executing power in the executive branch, and the law-interpreting power in the judicial branch.
Southard 63 was the contention that Congress had unconstitutionally delegated power to the federal courts to establish rules of practice, provided such rules were not repugnant to the laws of the United States.
''[A] constitutional power implies a power of delegation of authority under it sufficient to effect its purposes.'' 97 Denying that it had ever suggested that the taxing power was nondelegable, the Court has placed that congressional authority on the same plane of permissible delegation.
caselaw.lp.findlaw.com /data/constitution/article01/04.html   (5994 words)

  
 [No title]
The national government is a government of enumerated powers, but it is supreme within its sphere of action.
The power to establish a bank is not expressly delegated, but the 10th Amendment does not say powers must be "expressly delegated" to be reserved to the states.
¡*¬Ú Ъ!…óŸ¨Legislative Powers of Congress¡(Ÿ¨YEnumerated Powers Implied Powers Inherent Powers Amendment-Enforcing Powers Treaty Powers¡$Z9ó Ÿ JImplied Powers  Article I, Section 8¡&&$Ÿ¨ The Congress shall have power to.
www.cornellcollege.edu /politics/courses/allin/365/2003c/day05.ppt   (1806 words)

  
 Essays.cc - John Locke On The Extent Of The Legislative Power
Locke believes that the power given to the legislator or assembly can be no more than the amount of power possessed by the individual people in their prior state of Nature.
Locke believes the power that is given to a legislature is limited to the public good of the society, and that power is used only to preserve what is good for the society.
Locke believed that the legislative, “being but the joint power of every member of the society given up to that person or assembly which is legislator, it can be no more than those persons had in a state of Nature before they entered into society, and gave it up to the community.” (Locke).
www.essays.cc /free_essays/f1/txi7.shtml   (952 words)

  
 SparkNotes: Locke's Second Treatise on Civil Government: Chapters 12-13: Of the Legislative, Executive, and Federative ...
Locke names this the federative power, the natural power in charge of the state's international relations, and notes that it is often conjoined with the executive power, which manages the society within.
First, if the executive impedes the meeting and acting of the legislative when it is required, this constitutes an act of war against the people, since they have a right to the protection and work of that body when the state requires it.
This control of the executive over the legislative, then, is a necessary trust placed in the executive: the legislative cannot meet constantly and the executive presides in its absence.
www.sparknotes.com /philosophy/locke/section8.rhtml   (1056 words)

  
 Administrative Law - Lesson 3 Legislative Oversight
Congress inserts provisions in enabling legislation designed to give it an opportunity to veto the actions of an administrative agency in relation to a particular power bestowed upon that agency.
The constitutionality of legislative vetoes was the subject of a ruling by the Supreme Court in a landmark case in 1983, styled
The power of state government extended to all powers considered legitimate for a government to have.
www.wku.edu /Government/adlaws2kL3.html   (3863 words)

  
 Embassy of Mongolia, Washington, D.C. - Legislative Power
The Constitution provides that "the State Great Hural is the highest organ of State power and the supreme legislative power shall be vested only in the State Great Hural".
Consequently, the legislative power is now vested only in one organ.
The activity of the State Great Hural is based on the principle of protection of the independence and sovereignty of Mongolia, strengthening the legislative power, cherishing of human rights and freedom, justice and national unity, and confirmation of building a humane, civil and democratic society in the country.
www.mongolianembassy.us /eng_government/government3.php   (540 words)

  
 [No title]
It is a power, that hath no other end but preservation, and therefore can never* have a right to destroy, enslave, or designedly to impoverish the subjects.
The obligations of the law of nature cease not in society, but only in many cases are drawn closer, and have by human laws known penalties annexed to them, to inforce their observation.
Hence it is a mistake to think, that the supreme or legislative power of any commonwealth, can do what it will, and dispose of the estates of the subject arbitrarily, or take any part of them at pleasure.
www.constitution.org /jl/2ndtr11.txt   (797 words)

  
 Right of Revolution: John Locke, Second Treatise, §§ 149, 155, 168, 207--10, 220--31, 240--43
And thus the Community perpetually retains a Supream Power of saving themselves from the attempts and designs of any Body, even of their Legislators, whenever they shall be so foolish, or so wicked, as to lay and carry on designs against the Liberties and Properties of the Subject.
What Power they ought to have in the Society, who thus imploy it contrary to the trust went along with it in its first Institution, is easie to determine; and one cannot but see, that he, who has once attempted any such thing as this, cannot any longer be trusted.
For if any one by force takes away the establish'd Legislative of any Society, and the Laws by them made pursuant to their trust, he thereby takes away the Umpirage, which every one had consented to, for a peaceable decision of all their Controversies, and a bar to the state of War amongst them.
press-pubs.uchicago.edu /founders/print_documents/v1ch3s2.html   (2585 words)

  
 American Public Power Association - Legislative/Regulatory -
The purpose of this report was to expose the reader to the facts concerning public power utilities’ deployment of broadband services.
It is apparent that these utilities have the proficiency to evaluate, deploy, and operate broadband networks without additional regulations or restrictions.
Published by the American Public Power Association, 2301 M Street, N.W., Washington, D.C. 20037-1484; 202-467-2900; fax: 202-467-2910; www.APPAnet.org.
www.appanet.org /legislative/index.cfm?ItemNumber=9964   (105 words)

  
 Legislative Power
The executive Power shall be vested in a President of the United States of America.
He shall have Power, by and with the Advice and Consent of the Senate, to make treaties, [and nominate Ambassadors, Supreme Court justices, and other public officers] (Art.
All legislative powers herein granted shall be vested in a Congress of the United States.
www.iulaw.indy.indiana.edu /Instructors/Orentlicher/100598.html   (251 words)

  
 The Oakland Press: Opinions: Judicial branch losing power to legislative, executive functions
Early in school, we are taught about the separation of the powers of government - legislative, executive and judicial.
The legislative and executive branches have slowly been encroaching on the authority of judges.
I know "tax" is a dirty word, but the legislators are going to have to stand up and be counted.
www.theoaklandpress.com /stories/070304/opi_20040703015.shtml   (583 words)

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