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Nonacquiescence
In law, nonacquiescence is the intentional failure by one branch of the government to comply with the decision of another to some degree. It tends to arise only in governments that feature a strong separation of powers, such as in the United States, and is much rarer in governments where such powers are partly or wholly fused. Nonacquiescence may lead to a constitutional crisis, given certain critical situations and decisions. In the United States, federal agencies might practice nonacquiescence by refusing to accept the validity of unfavorable court decisions as binding precedent. Exceptionally, the Social Security Administration and the Internal Revenue Service openly declare such conduct. Executive nonacquiescence has been heavily criticized by the federal courts, as well as the American Bar Association.Rhonda McMillion"A Little Compliance Can't Hurt" ''ABA Journal The ''ABA Journal'' (since 1984, formerly ''American Bar Association Journal'', 1915–1983, evolved from '' A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' princ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Crisis
In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this definition. For instance, one describes it as the crisis that arises out of the failure, or at least a strong risk of failure, of a constitution to perform its central functions. The crisis may arise from a variety of possible causes. For example, a government may want to pass a law contrary to its constitution; the constitution may fail to provide a clear answer for a specific situation; the constitution may be clear but it may be politically infeasible to follow it; the government institutions themselves may falter or fail to live up to what the law prescribes them to be; or officials in the government may justify avoiding dealing with a serious problem based on narrow interpretations of the law. Specific examples include the South Africa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Government Of The United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district (the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. Naming The full name of the republic is "United States of America". No other name appears in the Constitution, and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Binding Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gregory Sisk
Gregory Charles Sisk is an American legal scholar. Sisk earned his bachelor's degree from Montana State University and studied law at the University of Washington School of Law. He taught for twelve years at the Drake University School of Law, where he held the Richard M. & Anita Calkins Distinguished Professorship, before joining the University of St. Thomas School of Law The University of St. Thomas School of Law is one of the professional graduate schools of University of St. Thomas in Minnesota, United States. It is one of three law schools in Minneapolis–Saint Paul. It currently enrolls 434 students. St. ... in 2003, where he is the Pio Cardinal Laghi Distinguished Chair in Law. Sisk is an elected member of the American Law Institute. References {{DEFAULTSORT:Sisk, Gregory Living people American legal scholars University of St. Thomas (Minnesota) faculty University of Washington School of Law alumni Drake University faculty Montana State University alumni M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Security Administration
The United States Social Security Administration (SSA) is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability and survivor benefits. To qualify for most of these benefits, most workers pay Social Security taxes on their earnings; the claimant's benefits are based on the wage earner's contributions. Otherwise benefits such as Supplemental Security Income (SSI) are given based on need. The Social Security Administration was established by the Social Security Act of 1935 and is codified in (). It was created in 1935 as the "Social Security Board", then assumed its present name in 1946. Its current leader is Kilolo Kijakazi, who serves on an acting basis. SSA offers its services to the public through 1,200 field offices, a website, and a national toll-free number. Field offices, which served 43 million individuals in 2019, were reopened on April 7, 2022 after being closed for t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Internal Revenue Service
The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory tax law. It is an agency of the Department of the Treasury and led by the Commissioner of Internal Revenue, who is appointed to a five-year term by the President of the United States. The duties of the IRS include providing tax assistance to taxpayers; pursuing and resolving instances of erroneous or fraudulent tax filings; and overseeing various benefits programs, including the Affordable Care Act. The IRS originates from the Commissioner of Internal Revenue, a federal office created in 1862 to assess the nation's first income tax to fund the American Civil War. The temporary measure provided over a fifth of the Union's war expenses before being allowed to expire a decade later. In 1913, the Sixteenth Amendment to the U.S. Constitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Bar Association
The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 14.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. The organization's national headquarters are in Chicago, Illinois, and it also maintains a significant branch office in Washington, D.C. History The ABA was founded on August 21, 1878, in Saratoga Springs, New York, by 75 lawyers from 20 states and the District of Columbia. According to the ABA website: The purpose of the original organization, as set forth in its first constitution, was "the advancement of the science of jurisprudence, the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ABA Journal
The ''ABA Journal'' (since 1984, formerly ''American Bar Association Journal'', 1915–1983, evolved from '' Annual Bulletin'', 1908–1914) is a monthly legal trade magazine and the flagship publication of the American Bar Association. It is now complemented online by a full-featured website, abajournal.com and its various e-newsletters and apps. History Bulletin In 1908, the ''Annual Bulletin'' was founded by the Comparative Law Bureau (1907–1933) of the American Bar Association. The first comparative law journal in the U.S., it surveyed foreign legislation and legal literature. Circulated to all ABA members, it ran from 1908 to 1914 and was absorbed in 1915 by the ABA's newly formed ''Journal''. Journal In 1915, the ''American Bar Association Journal'' (abbreviated ''Am. Bar Assoc. j.'') was founded as a quarterly magazine. Published by the ABA, it ran under this title from January 1915 to December 1983, for volume 1 to 69. Quarterly from 1915 to 1920LOC, "American Bar A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquiescence
In law, acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of their rights, while someone else unknowingly and without malice aforethought acts in a manner inconsistent with their rights. As a result of acquiescence, the person whose rights are infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an injunction against continued infringement. The doctrine infers a form of " permission" that results from silence or passiveness over an extended period of time. Overview Although not typically found in statutory law, the doctrine of acquiescence is well-supported by case law. One common context in which acquiescence is raised is when there is a dispute or disagreement over the location of a property line, followed by an extended period of time during which the parties respect a property line. Even if it is later discovered that the actual property line was in a different location, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
