Short Circuit 276 | The Concentration of Powers
Podcast (short-circuit): Play in new window | Download
We all know about the separation of powers. But this week IJ attorney Jaba Tsitsuashvili introduces us to something else: the concentration of powers. It’s pretty much what it sounds like, and it happens when people have to depend on legislatures to protect constitutional rights. That’s what unfortunately happened recently at the Iowa Supreme Court. Anya Bidwell gives us the details on that story. But sometimes the legislature actually does act to protect constitutional rights. Ok, so then what? Well, Jaba explains that the Louisiana Supreme Court essentially thought that wasn’t good enough to . . . actually protect constitutional rights. Finally, your host details a recent piece he wrote about remedies, constitutions, and statutes. See if your mind is blown by an old law review article like his was.
Some Reflections on Legislation, Adjudication, and Implied Private Actions (Foy article)
Recent Episodes
Short Circuit 360 | Weed and Fines
If you have a greenhouse, and a government agent sees it on Google Maps, is that fact probable cause to charge you with growing illegal […]
Listen NowShort Circuit 359 | Net Neutrality Flip Flops
A lot going on this week, including a lot of Short Circuit news. On the law side we talk about two recent opinions, one from […]
Listen NowShort Circuit 358 | Motte-and-Bailey Game
Can state officers simply come on your land and take samples of your dirt (and water) without a warrant? Well, it’s hard to know when […]
Listen NowShort Circuit 357 | Drama at the City Council Meeting
City council meetings are usually sparsely attended, low key, unwatched affairs. Except when they’re not. This week we have two cases where those in power […]
Listen Now