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Mutually Intelligible Principles?, Andrew J. Ziaja
Mutually Intelligible Principles?, Andrew J. Ziaja
Pace Law Review
Are the nondelegation, major questions, and political question doctrines mutually intelligible? This article asks whether there is more than superficial resemblance between the nondelegation, major questions, and political question concepts in Wayman v. Southard, 23 U.S. (10 Wheat.) 1 (1825), an early nondelegation case that has become focal in recent nondelegation and major questions scholarship and jurisprudence. I argue that the nondelegation and political question doctrines do interact conceptually in Wayman, though not as current proponents of the nondelegation doctrine on the Supreme Court seem to understand it. The major questions doctrine by contrast conscripts the nondelegation …
Grand Unified (Separation Of Powers) Theory: Examining The United States Marshals, Emile Katz
Grand Unified (Separation Of Powers) Theory: Examining The United States Marshals, Emile Katz
Pace Law Review
This Article examines a novel separation of powers issue that the Supreme Court has never directly addressed: the existence and practices of the United States Marshals. The United States Marshals serve an executive branch function—law enforcement—yet are often directly overseen and commanded by the judicial branch. In the United States federal government system—in which the executive and judicial branches are designed to act independently—the control the federal courts exercise over the marshals raises separation of powers concerns. Since no court has decided what test should apply when federal courts vicariously exercise executive power, this Article applies several separation of powers …