Archiv: Gewaltenteilung / Gewaltensammlung / checks and balances / accumulation of power


07:47 [ NewArab.com ]

CAIR Director Nihad Awad: Texas terror designation ‘unconstitutional’

In an interview with our Arabic edition Al-Araby Al-Jadeed, Awad said: „We defeated him three times in court when he ignored the rights of Texas citizens in the right to boycott against Israel.

We believe this is retaliation against the institution, and US courts do not allow any official in power to take revenge on an institution or place that defeated them in the judiciary.“

Founded in 1994, CAIR is the largest civil-rights and Muslim advocacy organisation in the United States. Headquartered in Washington, DC, it operates more than 35 regional offices nationwide.

26.11.2025 - 21:30 [ theGuardian.com ]

Ban on Palestine Action is repugnant and should be lifted, high court told

In written submissions, he highlighted a September 2024 report from the National Police Coordination Centre that came after alleged terrorism incidents. The report concluded that Palestine Action was “a risk to UK businesses and legitimate enterprises nationwide” and engaged as a whole in “non-violent direct action”.

Another report from the centre in December last year said incidents in which violence had been used were “not the norm for PA (Palestine Action) action, and any harm or injuries historically are assessed to be the result of unintentional or misjudged action through trying to evade capture”.

26.11.2025 - 21:20 [ Independent.co.uk ]

Starmer and Trump discussed Palestine Action twice on calls before group’s terror ban, court hears

Activists from the group painted “Gaza is not for sale” and dug up parts of the green at Mr Trump’s golf course in Scotland in March 2025, with the president writing on social media that the prime minister had assured him that “they caught the terrorists” involved.

The group was proscribed as a terror organisation in an unusual move four months later, after activists broke into RAF Brize Norton in Oxfordshire and sprayed two military planes with red paint.

26.11.2025 - 21:14 [ Al Jazeera ]

Palestine Action’s legal challenge against UK government ban begins

Legal action by Huda Ammori, the cofounder of Palestine Action, has begun in London’s High Court against the decision by the United Kingdom government to designate the activist group as a terrorist organisation.

The interior ministry, or Home Office, proscribed the pro-Palestinian group in July, days after activists protesting against Israel’s genocidal war on Gaza broke into an air force base in southern England.

21.11.2025 - 10:12 [ Tagesschau.de ]

Entscheidung von US-Richterin: Einsatz der Nationalgarde in Washington ist illegal

Die Regierung von US-Präsident Donald Trump habe die Einheit der Hauptstadt nicht ohne ausdrückliche Anforderung der lokalen Behörden aktivieren dürfen. Zudem hätte sie Nationalgardisten aus anderen Bundesstaaten zu polizeilichen Zwecken nicht nach Washington beordern dürfen, hieß es in der Verfügung weiter.

Cobb ordnete an, den Einsatz der Nationalgarde zu beenden, setzte ihre Entscheidung jedoch für drei Wochen aus, damit die Trump-Regierung in Berufung gehen kann. Die Anordnung bleibt damit bis zum 11. Dezember außer Kraft.

21.11.2025 - 09:56 [ Washington Post ]

Trump administration ordered to halt ‘unlawful’ Guard deployment in D.C.

U.S. District Judge Jia M. Cobb wrote in her opinion that the deployment was “unlawful,” has caused D.C. “irreparable harm to its sovereign powers under the Home Rule Act” — the 1973 law that gave D.C. residents their own elected government — and has “infringed upon the District’s right to govern itself.”

08.11.2025 - 20:36 [ Northeastern.edu ]

What is the Posse Comitatus Act, and how does it apply to Trump’s deployment of the National Guard in California and Washington, D.C.?

(September 9, 2025)

Dan Urman, director of the law and public policy minor at Northeastern University, who teaches courses on the Supreme Court, says the National Guard is often caught between state and federal authority. The guard generally reports to their respective state governors, “but if they get called into federal service, then the Posse Comitatus Act applies to them.”

“To work around this, presidents can ask governors to deploy their state’s National Guard members,” Urman says.

08.11.2025 - 20:00 [ ABC News ]

Judge permanently blocks deployment of National Guard to Portland, saying Trump exceeded his authority

In a 106-decision, Trump-appointed U.S. District Judge Karin Immergut made permanent an order she issued last month blocking the deployment into the city.

„The evidence demonstrates that these deployments, which were objected to by Oregon‘s governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the president‘s authority,“ the judge wrote.

08.11.2025 - 19:56 [ Associated Press ]

Supreme Court issues emergency order to block full SNAP food aid payments

The Supreme Court on Friday granted the Trump administration’s emergency appeal to temporarily block a court order to fully fund SNAP food aid payments amid the government shutdown, even though residents in some states already have received the funds.

07.11.2025 - 23:25 [ Trinidad Express ]

US Senate blocks bid to limit Trump’s war powers on Venezuela

A vote was held to discharge Resolution S.J.Res.90, the Venezuela Hostilities Removal Resolution, a resolution sponsored by Democrats Tim Kaine and Adam Schiff and Republican senator Rand Paul on October 16.

It aimed to invoke the 1973 War Powers Resolution which asserts that US military action should be approved by US Congress.

The motion was not agreed to, 49 US senators voting in favour, but 51 voting against.

04.11.2025 - 13:12 [ nysfocus.com ]

Here’s Every Bill That Kathy Hochul Vetoed in 2024

(January 3, 2025)

In her first three full years in office, she axed an average of roughly one in seven bills that went to her desk, a higher rate than her recent predecessors. And she has continued to negotiate so-called chapter amendments to dozens of other bills, signing less legislation as the legislature passed it than any governor since at least George Pataki — a Republican who presided over a divided legislature for his entire tenure. (Hochul, by contrast, has only ever worked with a legislature led by her fellow Democrats.)

This year, she vetoed 124 standalone bills as well as 15 line items in the state budget.

04.11.2025 - 13:03 [ Legalclarity.org ]

New York State Executive Law: Powers and Responsibilities

Governor’s Powers

The governor of New York holds broad authority under the state constitution and Executive Law, serving as the chief executive responsible for enforcing state laws. Article IV, Section 3 grants the governor the power to propose legislation, approve or veto bills, and convene special legislative sessions. The veto power includes a line-item veto for budget appropriations, allowing the governor to eliminate specific expenditures without rejecting an entire bill. Overriding a veto requires a two-thirds majority in both legislative chambers, making gubernatorial decisions difficult to overturn without strong legislative opposition.

The governor also controls the state’s budgetary process under Article VII, submitting an annual executive budget that outlines expenditures and revenue sources. The Court of Appeals, in Silver v. Pataki (2004), upheld the governor’s dominant role in budget negotiations, reinforcing executive influence over financial policy. This control extends to discretionary funds allocated for economic development, infrastructure, and other initiatives without legislative approval.

04.11.2025 - 12:58 [ Tagesschau.de ]

Bürgermeisterwahl in New York Mamdani – klarer Favorit mit besonderen Plänen

Mamdani gehört zum linken Flügel der Demokratischen Partei. Er bezeichnet sich selbst als Sozialist und will seine Wahlversprechen am liebsten durch Steuererhöhungen für Reiche und Unternehmen umsetzen. Dafür bräuchte er allerdings die Unterstützung der Gouverneurin des Bundesstaates New York.

03.11.2025 - 19:20 [ CNBC ]

SNAP update: Trump admin will pay 50% of food stamp benefits in November amid shutdown

McConnell, in a written order on Sunday, gave the U.S. Department of Agriculture two options.

One option was to make the full payment of SNAP benefits for November by the end of the day Monday by using Section 32 Child Nutrition Program fundings and other unspecified funds.

The other option was to “make a partial payment of the total amount of the contingency fund and … expeditiously resolve the administrative and clerical burdens it described in its papers, but under no circumstances shall the partial payments be made later than Wednesday.”

03.11.2025 - 19:13 [ New York Times ]

Supreme Court Confronts Trump and His Tariffs in Test of Presidential Power

The Supreme Court’s six conservative justices have so far been receptive to Mr. Trump’s claims of presidential authority. Among other things, they have allowed the administration to withhold funds appropriated by Congress, kick transgender troops out of the military and pursue aggressive immigration-related policies — but all on a temporary, emergency basis.

The tariffs case is the first time the justices have weighed the underlying legal merits of a key administration priority in Mr. Trump’s second term.

03.11.2025 - 19:04 [ Politico.com ]

Trump reverses course on attending Supreme Court arguments this week

The justices are set to weigh a pair of legal challenges to Trump’s use of emergency powers to impose tariffs on several countries by invoking a nearly 50-year-old law. No president before Trump has used the law, known as the International Emergency Economic Powers Act, to impose tariffs, which have brought in tens of billions of dollars to the U.S. government.

Trump’s decision came after at least one prominent Trump ally indicated it would be unwise for the president to attend.

01.11.2025 - 14:48 [ Fox News ]

Food stamp benefits for 42 million Americans in jeopardy today amid shutdown

Democrats are suing the Trump administration in part over its refusal to use the SNAP emergency fund, which they contend has about $5 billion, to fund the program. But a recent memo by the U.S. Department of Agriculture (USDA) argued there was no legal standing to use the fund and that federal SNAP funds would run dry by Nov. 1 if Democrats did not vote to end the shutdown.

A pair of federal judges ruled on Friday that the administration would have to pay out the food stamp benefits for November, either in full or partially.

USDA Secretary Brooke Rollins affirmed the memo during a Friday press conference,

01.11.2025 - 14:46 [ Politico.com ]

Judge orders Trump administration to fund food aid for millions of Americans

U.S. District Judge John McConnell Jr.’s oral order Friday came just before the Supplemental Nutrition Assistance Program, the nation’s largest anti-hunger program, is set to run out of money this weekend. Trump administration officials have not yet indicated whether they will appeal the ruling.

28.10.2025 - 01:27 [ European Center for Constitutional and Human Rights (ECCHR) ]

Verfassungsbeschwerde gegen deutsche Waffenexporte nach Israel

Bereits im Oktober 2024 hatte der Beschwerdeführer beim Verwaltungsgericht Frankfurt Eilrechtsschutz beantragt. Der Antrag sowie die anschließende Beschwerde beim Hessischen Verwaltungsgerichtshof in Kassel wurden abgewiesen. Mit der nun eingereichten Verfassungsbeschwerde wendet sich der Beschwerdeführer gegen diese Entscheidungen, die ihm einen wirksamen Rechtsschutz versagt haben.

Er beruft sich auf sein Grundrecht auf Leben und körperliche Unversehrtheit (Art. 2 Abs. 2 GG) sowie auf sein Recht auf effektiven Rechtsschutz (Art. 19 Abs. 4 GG). Er fordert eine verfassungsgerichtliche Klärung, ob die Verweigerung von Eilrechtsschutz – angesichts der erkennbaren Risiken durch deutsche Waffenlieferungen – seine Grundrechte verletzt.

Der Fall macht deutlich: Deutschland muss Menschen vor den Folgen seiner Waffenexporte schützen. Entscheidungen über Rüstungslieferungen sind nicht nur juristisch, sondern auch faktisch von unmittelbarer Bedeutung für Menschenleben – in den vergangenen zwei Jahren dieses verheerenden Krieges ebenso wie heute

28.10.2025 - 01:16 [ European Center for Constitutional and Human Rights (ECCHR) ]

Constitutional complaint against German arms exports to Israel

As early as October 2024, the complainant had applied for interim legal protection at the Frankfurt Administrative Court. The application and the subsequent appeal to the Hessian Higher Administrative Court in Kassel were rejected. With the constitutional complaint now filed, the complainant is challenging these decisions, which denied him effective legal protection.

He invokes his fundamental right to life and physical inviolability (Article 2(2) of the Basic Law) as well as his right to effective legal protection (Article 19(4) of the Basic Law).
He is seeking a constitutional clarification as to whether the denial of interim legal protection – in light of the recognizable risks posed by German arms deliveries – violates his fundamental rights.

This case makes clear: Germany must protect people from the consequences of its arms exports. Decisions about arms deliveries are not only legally but also factually of immediate significance for human lives – during the two years of this devastating war as much as today.

21.10.2025 - 11:49 [ Katu.com ]

Court permits Trump‘s troop deployment in Portland, pending further appeal

U.S. District Judge Karin Immergut issued two temporary restraining orders early this month — one that prohibited Trump from calling up the troops so he could send them to Portland, and another that prohibited him from sending any National Guard members to Oregon at all, after the president tried to evade the first order by deploying California troops instead.

The Justice Department appealed the first order, and in a 2-1 ruling Monday, a panel from the 9th U.S. Circuit Court of Appeals sided with the administration.

Immergut’s second order remains in effect, so no troops may immediately be deployed.

19.10.2025 - 11:16 [ ABC News ]

Trump says 2 survivors of US strike on submarine being sent to Ecuador, Colombia in move that avoids legal fight

In a legal defense provided to Congress, Trump told lawmakers that the U.S. is in an „armed conflict“ with the cartels and that drug smugglers are „unarmed combatants.“

Some legal experts have said such an argument is unlikely to hold up in court. However, it was unclear who would challenge Trump’s rationale in defense of the drug cartels, with few lawmakers speaking out against it and Trump continuing to expand military operations in the region in recent weeks.

17.10.2025 - 16:02 [ Daily Mail ]

Palestine Action‘s bid to challenge its status as a terror organisation CAN proceed, judges rule, as they dismiss Home Office appeal

After the ruling Ms Ammori said: ‚This is a landmark victory: not only against one of the most extreme attacks on civil liberties in recent British history, but for the fundamental principle that Government ministers can and must be held accountable when they act unlawfully.

‚The Government‘s effort to avoid judicial scrutiny of its blatantly anti-democratic proscription – branding a protest group as ‚terrorists‘ for the first time in British history – has backfired spectacularly, and we now head into the judicial review in November with an even stronger legal footing.

‚Arresting peaceful protesters and those disrupting the arms trade is a dangerous misuse of counter-terror resources, with over 2,000 people having now been arrested – a staggering 3,100 percent increase in counter-terror arrests.

‚Rather than being used to protect the public, the Terrorism Act is being used as a political tool to silence them.

17.10.2025 - 16:01 [ Middle East Eye ]

UK Home Office loses bid to block Palestine Action from challenging ban as terror group

During the judgement, four judges, including the Lady Chief Justice, also granted Palestine Action‘s co-founder, Huda Ammori, two further grounds to challenge the ban, that were previously rejected.

These grounds include that the Home Secretary, at the time, failed to consider relevant information or/and considered irrelevant information, and that she failed to follow her published policy „which prescribes that certain factors may be taken into account“.

Following Friday‘s judgement, Ammori praised the decision and described it as an „authoritarian ban“ that must be opposed.

16.10.2025 - 14:52 [ Seymour Hersh / Substack ]

WHY ARE US TROOPS OCCUPYING AMERICAN CITIES?

The Trump administration is playing another long game, or trying to, in the streets of US cities under Democratic Party governance, using existing presidential emergency powers to send National Guard, Army troops and ICE agents to hunt down and arrest suspected undocumented immigrants and detain and deport them, without the due process demanded by the Constitution. What’s happening now may be a trial run for the use of those forces to interfere on the behalf of the president and the Republican Party in states where the Democratic Party has a chance to win crucial seats in next fall’s Congressional elections. I’ve been told by someone with inside knowledge that planning for such action is now under way in the White House.

16.10.2025 - 14:49 [ Seymour Hersh / TKP.at ]

Warum das US-Militär demokratische Städte übernimmt

Trump behauptet, er habe die rechtliche Befugnis, bei Feststellung eines Notstands Kriminalität in allen Staaten zu bekämpfen, einschließlich derer unter demokratischer Kontrolle. Mir wurde jedoch berichtet, dass das politische Team im Weißen Haus eine parallele, tiefere Motivation verfolgt: einen Präzedenzfall für bundesweite Notstandseingriffe zu schaffen – per präsidentieller Anordnung –, um vor den Kongresswahlen im nächsten Herbst mit Truppen intervenieren zu können.

Einige im Weißen Haus – nicht unbedingt der Präsident selbst – wissen, dass diese angerufenen Notstände „falsche Notstände“ sind. Aber wie ein Insider es formulierte: Wenn man es „wiederholt tut“, können solche Maßnahmen zukünftigen politischen Einfluss entfalten. Nennen Sie es eine neue politische Normalität.

07.10.2025 - 00:18 [ Military Times ]

Trump order aims to rebrand Defense Department as Department of War

(September 5, 2025)

The order comes as some of Trump’s closest supporters on Capitol Hill proposed legislation that would codify the new name into law, with Congress having the sole power to establish, shutter and rename federal departments.

06.10.2025 - 23:51 [ StatesmanJournal.com ]

Judge halts National Guard deployment to Portland from any state to perform federal duties

“The court recognized what we’ve said all along: there is no rebellion, no invasion, and no justification for militarizing our communities,“ Rayfield said in response to the ruling. „The President cannot keep playing whack-a-mole with different states’ Guard units to get around court orders and the rule of law.”

06.10.2025 - 23:48 [ NPR.org ]

Illinois files a lawsuit to block Trump deploying the National Guard, joining Oregon

Oregon and Portland went back to the court — this time with California as an additional party to the lawsuit — and asked U.S. District Judge Karin J. Immergut for a new temporary restraining order blocking the Trump administration from sending the California National Guard to Oregon.

In her ruling, Immergut barred any National Guard members from being relocated from any state for service in Oregon. One day earlier, she had temporarily blocked the Trump administration from federalizing the Oregon National Guard.

06.10.2025 - 23:43 [ Politico.com ]

Newsom joins Oregon’s suit after Trump sends California National Guard to Oregon

(October 5, 2025)

President Donald Trump deployed 300 California National Guard troops to Portland after a federal judge blocked the president’s call-up of Oregon’s National Guard, a workaround that has already drawn a new round of legal challenges.

Late Sunday, Gov. Gavin Newsom joined Oregon leaders’ pending lawsuit, asking Portland-based U.S. District Judge Karin Immergut to block Trump’s effort to sidestep her initial ruling by deploying California troops.

06.10.2025 - 23:40 [ Fox News ]

Oregon sues over Trump admin‘s ‚war-ravaged Portland‘ National Guard troop deployment

(September 28, 2025)

The state of Oregon filed a lawsuit Sunday to block President Donald Trump’s plan to deploy 200 National Guard troops to Portland.

The suit was announced by Oregon Attorney General Dan Rayfield within hours of Gov. Tina Kotek receiving a memo from Department of War Secretary Pete Hegseth, in which he authorized the troop deployment for 60 days.

10.09.2025 - 18:57 [ Middle East Eye ]

Exclusive: Met Police appoint prosecutor to ‚urgently review‘ application for Israeli president‘s arrest

On Tuesday morning pro-Palestine campaign group Friends of Al-Aqsa (FOA) instructed a legal team to apply for an arrest warrant to be issued for Herzog on „charges of aiding, abetting or procuring direct and indiscriminate attacks on civilians and civilian objects“.

The Met responded to FOA that afternoon in an email seen by MEE.

In the email, officers confirmed that „the Counter Terrorism Division received the papers relating to your request in respect of Mr Herzog.

03.09.2025 - 15:14 [ NPR.org ]

Appeals court blocks Trump‘s use of Alien Enemies Act to deport Venezuelans

The ruling barred the use of the act in Texas, Mississippi and Louisiana, which fall under the Fifth Circuit‘s purview. The Department of Homeland Security did not immediately respond to a request for comment. The Justice Department will almost certainly appeal to the wider appeals court or the Supreme Court.