The Soapbox

fishhoo

Joined: 02/27/2004 Posts: 1354
Likes: 2883


There is case after case and an extensive record of analysis regarding


The doctrine if separation of powers -- what it means and what it doesn't mean. Congress has passed many laws in the history of our country that in real life function have an effect on what the President may be able to do in some particular instance. It is intellectually "fair" to generally ask "gee, might the PRA or some other example truly be ok if it has such effect -- doesn't the notion of separation of powers prohibit any law that can possibly even in theory have an effect on a President?". The answer is a resounding "no" - that would be an incredibly simplistic and insincere way to argue a separation of powers doctrine in this context -- again, as addressed in many ways at many times in our nation's history by courts all over the political spectrum. Again, it doesn't mean we dont maintain a doctrine about separation of powers, but it doesn't operate the way you suggest is so "obvious if you just think about it". it did strike me as somewhat bizarre to see anyone argue the "obviously wrong and unconstitutional" existence of the PRA. I honestly didn't understand what you were even trying to argue.

I'm not going to cite a string of case law here. If you are that fascinated by it - great, it's not hard to learn more. But it's fairly silly imo both intellectually and based on any actual case law analysis to argue that the PRA is some obvious encroachment of separation of powers. I am not predicting it is ever 100% impossible for some individual lawyer or judge to ever take an opposite stance. Just about any opinion seems possible by someone out there on any issue in today's world. But it would be an extreme, outlier opinion that is a complete break from analysis up to this point in our nation's history -- not something "obvious if you just think about it".

(In response to this post by Los Angeles Hoo)

Posted: 04/05/2024 at 10:00AM



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Current Thread:
 
  
Cannon denies Trump's motion to dismiss -- CMUHoo 04/04/2024 3:45PM
  Only to put it off to do real damage later. ** -- DanTheFan 04/04/2024 7:10PM
  He has nothing to appeal. ** -- Los Angeles Hoo 04/04/2024 8:18PM
  Yet ** -- WaxHoo 04/04/2024 8:42PM
  The problem with prosecuting fake cases… -- Los Angeles Hoo 04/04/2024 9:56PM
  💩 post. It’s 🌲 ** -- Hoodeac 04/04/2024 10:08PM
  That's twice in one afternoon! ** -- ResistHoo 04/04/2024 6:11PM
  That is practically a fussilade from that Cannon ** -- Tuckahokie 04/04/2024 6:57PM
  💩 post ** -- Hoodeac 04/04/2024 6:09PM
  I'm sorry that happened to you, Icecaps. ** -- ResistHoo 04/04/2024 6:13PM
  If were worthy of prosecution, then... -- Los Angeles Hoo 04/04/2024 5:42PM
  My argument can be boiled down thus:… -- Los Angeles Hoo 04/05/2024 10:25AM
  It's not in play in a pre-trial motion. It is in play... -- Los Angeles Hoo 04/04/2024 10:15PM
  Yes. The president could do all of that. If you… -- Los Angeles Hoo 04/05/2024 01:18AM
  What? you don't know about the wand? ** -- Capital City Hoo 04/04/2024 11:06PM
  You realize you’re arguing with a mental patient -- BocaHoo91 04/04/2024 10:56PM
  Thank you counselor! You're so right - please keep going! ** -- Capital City Hoo 04/04/2024 10:30PM
  That's fine, and I can believe that, although... -- Los Angeles Hoo 04/04/2024 5:58PM
  Clinton, for one. She didn't... -- Los Angeles Hoo 04/04/2024 6:08PM
  Simply put, no. -- Newt 04/04/2024 5:46PM
  Lala is just Tommy with a better vocabulary ** -- HptHokie 04/04/2024 5:48PM
  No. ** -- WaxHoo 04/04/2024 5:39PM
  She told Trump to go fuck himself. -- SixerHoo 04/04/2024 4:55PM
  🍌🍌🍌republic ** -- SixerHoo 04/04/2024 5:44PM
  Buckled but not buckled. -- Newt 04/04/2024 5:40PM
  Yes -- WaxHoo 04/04/2024 5:03PM

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