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[USA] Separation of Powers Act of 2016

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KOTwarrior is not online. KOTwarrior
Joined: 13 Jun 2012
Total Posts: 4376
21 Mar 2016 06:32 PM
Separation of Powers Act of 2016
United States Congress

An Act
to ensure the judiciary's impartiality, and for other purposes.
—

Whereas it is in the opinion of Congress that the judiciary's responsibility to remain impartial is damaged by its members dual employment in the executive branch of government, and that this is a dangerous deprivation of due process.

Now therefore, the following measures are enacted by the Senate and House of Representatives in Congress assembled:

Sec. 1. Definitions; intent of the Act.
(a) For the purpose of this Act, the following definitions shall be observed—
(1) the “executive branch” shall refer to the several departments, agencies, and offices established under the authority of the President, vested by Article 2.
(2) a “federal judge” shall refer to both justices of the Supreme Court, as well as the judges of the Federal Court, and the judges of any other court that the Congress shall from time to time establish.

(b) It is the intent of this Act to preserve a distinct separation between the judiciary and the other branches of government, so as to ensure that all judgements rendered are impartial, and without external influence.

Sec. 2. Prohibition on dual-employment of judges.
(a) No federal judge, as defined in section 1 of this Act, shall be employed by the executive branch of government for the duration of their tenure as a federal judge.
(1) violation of the provisions of paragraph (a) of this section shall not be an impeachable offense, and punishment for violation shall not extend beyond order by the court for the removal of the judge from the relevant executive branch office, department or agency.
(2) representative positions in departments, agencies, or offices of the executive branch shall not be affected by this Act.
(3) military offices shall not be affected by this Act.

Sec. 3. Deferred action relating to this Act.
(a) If the court deems it necessary, it may permit the temporary employment of a federal judge within a department, agency or office of the executive branch by deferring the issuance of an order to compel the removal of the judge from the respective executive branch entity.
(1) authority under this section shall only be applied during wartime when it may be immediately required.

###



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RyanSpernato is not online. RyanSpernato
Joined: 05 May 2010
Total Posts: 97
21 Mar 2016 06:36 PM
Important thing to do when making government documents....

Do not allow replies.


Signed, Governor General of Canada, RyanSpernato [ http://www.roblox.com/My/Groups.aspx?gid=1185608 ] (Join us for a fun time!)
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