Articles Posted in U.S. Federal Government Information

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Congressional Budget Office’s  transparency efforts are intended to promote a thorough understanding of its work, help people gauge how estimates might change if policies or circumstances differed, and enhance the credibility of its analyses and processes

SUMMARY:

Transparency is a top priority for the Congressional Budget Office, and the agency continues to bolster its efforts to be transparent. Those efforts are intended to promote a thorough understanding of CBO’s work, help people gauge how estimates might change if policies or circumstances differed, and enhance the credibility of the agency’s analyses and processes.

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The U.S. Constitution enshrines a system of separation of powers, ensuring that legislative, executive, and judicial branches operate independently while keeping one another in check. This structure is meant to prevent the concentration of power and to safeguard individual liberty. But in recent years, many legal scholars, judges, and concerned citizens have raised a critical question: Has the balance of power shifted too far in favor of the Executive Branch?

Following a brief discussion about what the Founding Fathers believed about separation of powers, this post examines key constitutional flashpoints—executive orders, emergency powers, war powers, pardons, and more—illustrating how modern challenges are testing the limits of our separation-of-powers framework.

What the Founding Fathers Believed About Separation of Powers

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April 10, 2025

From  The Legal File by Reuters Legal.

The rundown on the top legal news of the day.

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From VERDICT, Legal Analysis and Commentary from Justia, 27 March 2025.

SUMMARY:

NYU Law Professor Samuel Estreicher and JD candidate Andrew Babbitt analyze President Trump’s use of the International Emergency Economic Powers Act (IEEPA) during his second administration to impose and threaten tariffs on several countries. They highlight how this approach bypasses the usual legislative and procedural processes required for implementing tariffs. According to Estreicher and Babbitt, this tactic marks an unprecedented and legally questionable expansion of executive authority—one that sidesteps congressional intent and oversight and raises significant constitutional concerns about the broad, unchecked use of the IEEPA.

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The Congressional Budget Office (CBO)* has created a workbook to allow users to define and analyze alternative economic scenarios by specifying differences in the values of four economic variables relative to the values underlying CBO’s January 2025 projections.

SUMMARY:

This workbook allows users to define and analyze alternative economic scenarios by specifying differences in the values of four economic variables—productivity growth, labor force growth, interest rates, and inflation—relative to the values underlying the Congressional Budget Office’s most recent projections. Those projections were published in The Budget and Economic Outlook: 2025 to 2035.

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In his essay, Do State Legislatures Have to Obey U.S. Supreme Court Decisions?  Amherst professor Austin Sarat discusses how several state legislatures, particularly Alabama, are passing laws allowing the death penalty for child rape despite a 2008 Supreme Court ruling, Kennedy v. Louisiana, that declared such punishment unconstitutional. Professor Sarat argues that this strategic legislative defiance represents a dangerous trend that threatens constitutional order, as lawmakers are deliberately passing unconstitutional laws hoping the current conservative-majority Supreme Court will overturn precedent, similar to the strategy that led to Roe v. Wade being overturned.

Reflecting on the urgency expressed by professor Sarat regarding this question, we have prepared our own report, titled Do State Legislatures Have to Obey U.S. Supreme Court Decisions?, An Overview, to provide an added frame of reference for considering the implications of professor Sarat’s posting. Our Report, which follows, is based on our search of related sources, including Deep Research, the advanced AI research application recently introduced by Open AI.

DO STATE LEGISLATURES HAVE TO OBEY U.S. SUPREME COURT DECISIONS?, An Oveerview

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Introduction

Materials consulted in preparing this posting were curated from various sources including the recently introduced Deep Research by OpenAI.

With Elon Musk at the helm of the Department of Government Efficiency,   various agencies within the U.S. government may experience restructuring aimed at streamlining operations, reducing costs, and integrating advanced technologies. One area likely to be affected is government agency libraries—institutions that provide critical research, archival, and information services to federal employees, policymakers, and researchers. These libraries, usually housed within agencies such as the Library of Congress, the National Archives, and the Department of Defense (DoD), play an essential role in supporting government functions. This essay explores how Musk’s efficiency-driven policies might reshape these libraries, with potential consequences for automation, digitization, data management, funding, privacy and information security. Although the focus of this posting is U.S. government libraries, its implications are far reaching.

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The sheer volume of Executive Orders issued by the White House since the start of this administration can feel overwhelming, especially for those tasked with monitoring these actions regularly. To assist in navigating this fast-paced environment, we have reviewed over a hundred websites to identify the most reliable and direct sources for tracking Executive Orders on an ongoing basis. In our selection process, we excluded sites that provide in-depth analysis of individual orders but lack a primary focus on continuous tracking. This post includes a  link to a site which discuss what executive orders are, followed by links to our curated list of “go-to” resources designed to help you stay up-to-date with Executive Orders as they are issued.

WHAT IS AN EXECUTIVE ORDER?

What is an Executive Order ABA

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President Donald Trump’s second term began with a whirlwind of executive actions, sparking sharply divided reactions from the left and right. While Trump’s policies focused on immigration, energy, federal employment, and high-profile pardons, the responses have highlighted ideological divides:

The Right’s Perspective:

  • Many on the right criticized Trump’s sweeping pardons for January 6 rioters, with outlets like National Review calling it a mistake that undermines law and order.
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On November 18, 2022, the Attorney General appointed Special Counsel Jack Smith to investigate potential violations of law related to efforts to interfere with the lawful transfer of power following the 2020 presidential election and the certification of the Electoral College vote on January 6, 2021. This investigation culminated on August 1, 2023, with a federal grand jury indictment in the District of Columbia charging former President Donald J. Trump with four felony offenses stemming from alleged attempts to use fraud and deceit to overturn the election results.

Following a Supreme Court decision affirming immunity for certain alleged official misconduct, a superseding indictment addressed Mr. Trump’s non-immunized actions. However, upon Mr. Trump’s reelection to the presidency, the Department of Justice moved to dismiss the case on November 25, 2024, adhering to its longstanding position that a sitting President cannot face federal indictment or prosecution.

This volume of the report submitted by Jack Smith on January 7, 2025, prior to his resignation on January 10, details the Special Counsel’s investigation into the “Election Case,” offering transparency on prosecutorial decisions under DOJ regulations (28 C.F.R. § 600.8(c)). It provides a comprehensive account through five sections:

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