Index/Topics/Separation of powers

Separation of powers

The constitutional principle of separation of powers and its relation to presidential immunity and functioning.

Fact-Checks

17 results
Jan 14, 2026
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Is donal trump a convicted criminal

Donald J. Trump was criminally convicted by a New York jury on May 30, 2024, on 34 felony counts of falsifying business records related to hush-money payments tied to the 2016 election, making him the...

Jan 13, 2026
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What specific articles of impeachment have been drafted against Donald Trump in the 119th Congress?

Multiple members of the 119th Congress have filed distinct articles of impeachment against President Donald J. Trump; those filings are separate resolutions that allege overlapping but not identical c...

Jan 17, 2026
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What court rulings have specifically limited federal use of tear gas in Chicago and what are their current statuses?

A U.S. district judge, Sara L. Ellis, imposed sweeping restrictions on federal immigration agents’ use of tear gas, pepper balls and other crowd‑control measures in Chicago after finding evidence that...

Jan 17, 2026

What would a bipartisan commission to evaluate presidential fitness look like and what are the constitutional obstacles?

A feasible bipartisan commission to evaluate presidential fitness would be a standing, congressionally authorized panel of medical experts and retired senior officials, appointed by congressional lead...

Jan 12, 2026

What precedents exist for military grade reduction or pension cuts tied to political speech by former officers?

There are very few direct precedents for reducing a retired officer’s grade or pension as punishment for political speech after retirement; past uses of the retirement‑grade review process have typica...

Jan 14, 2026

How did the Supreme Court’s 2024 immunity ruling affect prosecutions of former presidents for official acts?

The Supreme Court’s July 1, 2024 decision created a two-tiered immunity rule that grants former presidents absolute immunity for acts within their “exclusive” constitutional sphere and at least presum...

Jan 21, 2026

Has any appellate court or the Supreme Court addressed presidential immunity claims in Trump’s criminal or civil cases?

The question is settled: appellate courts and the have directly addressed claims tied to ’s cases—first in the D.C. federal courts and then definitively at the Supreme Court, which issued a landmark d...

Jan 21, 2026

What impact did the Navarro and Bannon cases have on congressional subpoena enforcement and separation-of-powers debates?

The of and for refusing have strengthened one practical tool for enforcing congressional subpoenas by showing prosecutions can lead to guilty verdicts and prison sentences, while simultaneously sharpe...

Jan 19, 2026

How have civil liberties groups responded to NSPM-7 and executive steps targeting antifa, and what legal challenges have they raised?

Civil liberties groups have responded to NSPM-7 and accompanying executive steps against antifa with coordinated public denunciations, FOIA litigation seeking internal legal justifications, and warnin...

Jan 18, 2026

What tests or factors will lower courts use to decide whether a presidential act is 'official' under the Supreme Court's framework?

The Supreme Court in Trump v. United States set a three-tiered framework that leaves lower courts to apply fact-specific tests to decide whether a presidential action is “official” and therefore presu...

Jan 17, 2026

How have congressional oversight reports documented alleged constitutional violations by the Trump administration?

Congressional oversight reports and related committee statements have compiled a mosaic of allegations that the Trump administration exceeded executive authority, obstructed Congress, and violated con...

Jan 15, 2026

How have courts treated presidential-immunity claims in the federal cases against Trump?

The Supreme Court held in Trump v. United States that former presidents enjoy at least presumptive immunity from federal criminal prosecution for "official acts" taken while in office and absolute imm...

Jan 13, 2026

How have federal courts ruled on Trump-era immigration-related grant conditions and sanctuary-city directives?

Federal courts have delivered a fractured record on Trump-era efforts to condition federal grants and press sanctuary jurisdictions to cooperate with immigration enforcement: multiple district and cir...

Jan 11, 2026

How have congressional resolutions and official statements responded to presidential comments seen as threatening constitutional norms since 2020?

Congressional responses to presidential comments and actions framed as threats to constitutional norms since 2020 have ranged from formal resolutions and floor speeches condemning executive overreach ...

Jan 10, 2026

Can someone be held cognitively unfit to be impeached?

The Constitution contains no textual rule that bars the House from impeaching—or the Senate from trying—an official on the ground that the official is cognitively unfit; impeachment is a political rem...

Jan 7, 2026

Can Congress compel the vice president and cabinet to act under Section 4 of the 25th Amendment?

Congress cannot straightforwardly "compel" the vice president and the Cabinet to invoke Section 4 of the Twenty‑Fifth Amendment, because the Amendment vests the initial decision in the vice president ...

Jan 7, 2026

How does the Department of Justice determine whether to investigate a member of Congress for alleged wrongdoing?

The Department of Justice decides whether to investigate a Member of Congress through a blend of legal limits (constitutional privileges like the Speech or Debate Clause), internal policies that funne...