Separation of Powers

RI Supreme Court: Governor Controls CMRC

By Marc Comtois | December 18, 2008 |

In a major victory for separation of powers proponents, the Rhode Island Supreme Court has ruled that the Governor, not the legislature, has ultimate control over the Coastal Management Resources Council. From 7to7: In what may finally settle a longstanding controversy, the Rhode Island Supreme Court today came down solidly in favor of giving the…

Understanding Your Misunderstood Unitary Executive

By Carroll Andrew Morse | August 13, 2007 |

Over at the University of Chicago’s Law School faculty blog, respected liberal legal scholar (and U of C faculty member) Cass Sunstein has posted an informative item on the meaning of the “unitary executive” (h/t Instapundit)…Those who believe in a unitary executive need not think that the president can defy the will of Congress, or…

Judiciary Under On the Seige

By Justin Katz | June 11, 2005 | Comments Off on Judiciary Under On the Seige

One can just about picture the commercial that RI Supreme Court Chief Justice Frank Williams would release to correspond with his recent presentation to the RI Bar Association, “Killing Justice: The Judiciary Under Siege.” It would begin in black and white, with dark footage and creepy music: “Political pressure and agenda-driven criticism also fray the…

Rhode Island Politics & Taxation, Part XV

By | April 14, 2005 | Comments Off on Rhode Island Politics & Taxation, Part XV

This posting continues a periodic series on Rhode Island politics and taxation, building on fourteen previous postings (I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV). Sometimes certain news events do not need a lot of commentary because they speak for themselves. This posting on the latest developments in the…

RE: Airing the Lottery Commision’s “Chaos”

By Marc Comtois | February 7, 2005 | Comments Off on RE: Airing the Lottery Commision’s “Chaos”

As Justin wrote last week, none of us were really surprised that “independent” lawyer Joseph Tarantino sided with the Legislature on whether their members could legally stay on the Lotto Commission given that Separation of Powers had been passed. (He said “Yes”). Now, it has been reported that Tarantino managed to profit financially, too. The…

Airing the Lottery Commission’s “Chaos”

By Justin Katz | February 4, 2005 | Comments Off on Airing the Lottery Commission’s “Chaos”

The Providence Journal is urging “Governor Carcieri, House Speaker William Murphy and Senate President Joseph Montalbano to sit down together and work out some of the kinks in the implementation of separation of powers.” While kinks should surely be worked out as quickly as possible, I’d prefer that these three Rhode Island leaders sit down…

Letting the Executive Be Executive

By Justin Katz | February 3, 2005 | Comments Off on Letting the Executive Be Executive

As a partial follow up to my previous post about the interwoven connections among the (let’s call it) influencing class in Rhode Island, I note that the state’s judiciary has permitted the governor to switch healthcare providers: The state Supreme Court ruled today that the state can award the contract for its employees’ health insurance…

State Senate Offspring Judicial Apprenticeship Program Continues

By Marc Comtois | January 18, 2005 |

Thanks to the weekly Political Scene column in the Providence Journal, we have learned that more legislative kin are being employed in our judiciary. A relative choice Another member of the family of longtime state Sen. John F. McBurney has landed a job in the state courts. The senator’s nephew, Gregory M. McBurney, was given…

Wake Up, Speaker Murphy!

By | January 13, 2005 | Comments Off on Wake Up, Speaker Murphy!

This posting builds on a string of other postings by all of us here at Anchor Rising. Ed Achorn of the Providence Journal is back with yet another editorial about how Rhode Island House Speaker William Murphy appears committed to thwarting the will of the people, as expressed in our approval on November 2 of…

Separation Anxiety

By Justin Katz | January 10, 2005 | Comments Off on Separation Anxiety

The Providence Journal editorial page gets curiouser and curiouser: Of course, there will never be perfect separation of powers, all human institutions having varying levels of permeability between them. Still, the separation of powers between Rhode Island’s judiciary and the two other government branches has worked pretty well. … most politicians, and judges, are well-meaning…