Questions tagged [congress]
Questions about the U.S. Congress – the federal legislative body consisting of the House of Representatives and the Senate (also [us-senate]).
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Is there a Supreme Court case that rules on the use of military intelligence vs Congressionally assembled and approved agencies?
Has there ever been a challenge from Congress in response to a perceived military overreach on behalf of the executive into agencies created by Congress?
--- in response to comment:
Has the President, ...
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Are legislators ever asked to explain their intent in Supreme Court cases?
I recently started to listen to recordings of arguments before the Supreme Court. I am not a lawyer so I don't completely follow everything, but I noticed right away that a lot of arguments deal with ...
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What happens legally if a majority of both houses of Congress disappear? [closed]
In the mass-dissapearance scenario from my previous question, what happens legally if both houses of Congress are in session and a majority of both houses disappear? Is Congress unable to do business ...
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Can Congress secretly pass a bill
Supposed some Congress members thought it would be necessary to pass a bill without telling the public about national security. For example, if a war broke out and Congress wanted to allocate money to ...
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When do new members get sworn in as congress people?
I have seen two sources (one was LA Times) state that new members are not sworn in until after a speaker is elected. If that is correct, how do the results of an election get reflected in that key ...
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I am a US citizen but have never lived in the US. Who is my Congress member?
This seemed like the most appropriate SE site to ask this question. If you can think of anywhere better please feel free to migrate it there.
I was born outside the United States to American parents, ...
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Would it actually be bribery for Congress to "bribe" the President?
Congress could "bribe" the President to sign a bill by including a Presidential pay raise in it, although the raise would not take effect until after an election (i.e. only works in the ...
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Could Congress "bribe" the President to sign a bill by including a presidential pay raise?
If Congress wanted to pass a law that they expected the President to be reluctant to sign, could they legally "bribe" the President to sign the bill by including a Presidential pay raise in ...
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Does the Speech and Debate clause immunize speeches against civil liability? (NDAs, libel, non-disparagement agreements, etc)
Suppose a Senator, Representative, non-voting delegate, or their staff makes a disclosure in their their official capacity that violates an otherwise valid non-disclosure agreement (NDA) or other ...
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Could one house of Congress completely shut down the other house by passing a large number of frivolous bills?
Suppose that for some reason, the House of Representatives wants to stop the Senate from doing anything. Could they accomplish that by passing hundreds of frivolous bills, so the Senate would be stuck ...
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Can a chamber of Congress pass a bill that the other chamber passed in the past?
This is essentially a civics question, but I cannot find the answer anywhere.
Could, for instance, the Senate of the 117th Congress take up a bill that was passed by the House of the 116th Congress, ...
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Could Congress pass a law restricting their own ability to pass laws?
Suppose the First Amendment had never been ratified. Could Congress pass a bill with the same wording, but also prohibiting then from repealing it?
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Why did Donald Trump waive executive privilege allowing Bannon to testify
I was wondering why Donald Trump would waive Bannon's executive privilege in reference the the Jan 6th committees investigations. It doesn't seem like it would be in HIS best interest, especially if ...
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Is it illegal for Congress to pass an unconstitutional law?
If Congress passes a law and SCOTUS strikes it down, are there any consequences for Congress other than the law not being enforceable?
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Durability of Federal legislation protecting abortion rights in US
Recently the Supreme Court of the United States, through Dobbs, has restored the right of States to prohibit abortion. Supporters of reproductive freedoms have since renewed calls upon Congress to ...
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If Congress passed a bill written in a language other than English, would it be valid?
Suppose Congress passed a bill written in Spanish and the President signed it. Everything about the bill and the procedures by which it was written and passed were completely normal, other than the ...
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Why there isn't any law resulting from the Algorithmic Accountability Act of 2019?
It was stated that no later than 2 years, law must be created according to this bill. I can't find the law anywhere.
Talking about this bill:
H.R.2231 - Algorithmic Accountability Act of 2019
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Can bills (the documents of laws/legislation) have pictures? Or text only? Can images become part of the legal code?
Asking out of plain curiosity. I tried googling, but just couldn't find a combination of keywords that didn't bring up irrelevant results.
Laws become law when the congress approves of a "bill&...
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If Roe is overturned, could Congress still protect abortion rights?
If the Supreme Court does decide to overturn Roe and leave abortion up to the states, would passing the Women's Health Protection Act allow Congress to pre-empt any state laws prohibiting abortion, or ...
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Is there double jeopardy protection for a Contempt of Congress conviction?
So a person is subpoenaed by Congress to provide documents and give a deposition. The person refuses, is indicted and convicted. Can the person then be subpoenaed again for documents and testimony and ...
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Can the US Congress or Executive unilaterally change interstate compacts after they're established?
There are some notable compacts such as the Great Lakes compact, Atlantic Fisheries compact, etc… that seem to require a large amount of authority to enforce in practice.
Theoretically it makes sense ...
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Members of Congress are subject to a host of restrictions that carefully distinguish between their official functions and campaign functions
This question stems from an answer to another question here. In it, a DOJ official is quoted as saying:
Members of Congress are subject to a host of restrictions that carefully distinguish between ...
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Can Congress disqualify people from Federal office?
Could the US Congress enact legislation to prevent specific individuals from being elected to federal government offices?
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If a House member is barred from the House for not wearing a face mask, does that House member's constituents lose their representation in Congress?
I am wondering if a House member is barred from entering the House side of the U.S. Capitol Building for him/her choosing not wearing a face mask, while that House member is barred from the House side ...
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What does "Congress having occupied the field" mean?
I've run across the phrase "Congress having occupied the field" in legal writings recently. Can someone explain this?
My question relates to The Common Law Right of Access to Public Records....
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In the US Reconciliation procedure, wherein the text allows for separate bills for revenue, spending & debt for each year?
In the Reconciliation procedure, as passed in the bill here: Congressional Budget and Impoundment Control Act of 1974.
Wherein the exact text here is the interpretation that bills each for revenue, ...
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Can someone plead the fifth regarding impeachment?
Recently, former president Trump turned down the opportunity to testify at his own impeachment hearing.
However, given the magnitude of the charges, could he be compelled to testify by subpoena? Or ...
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(U.S.A.) Removing senators not from your state
Background example:
People in California want to remove a senator from Kentucky.
Can this be performed?
How can it be performed?
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Impeach Pence if he deviates while counting presidential ballots
If Vice President Pence deviates from simply announcing the ballots from the Electoral College on January 6, 2020, and instead attempts to unilaterally reject some ballots, can the House of ...
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Can states legally leave entire areas unrepresented in Congress?
Suppose, for example, that the Utah state legislature decides Salt Lake City shouldn't get US House representation, so they draw the congressional districts such that no district's boundaries include ...
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Can the US Congress subpoena witnesses for any arbitrary reason?
This question was prompted by the headline on October 15, 2020 that the Senate Judiciary Committee will vote on whether to subpoena the CEO of Twitter for suppressing certain political content. This ...
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Will the next Congress (2021) be sworn in on a Sunday?
The 20th Amendment of the U.S. Constitution states
Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives ...
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Have US Congressional reapportionment formulas ever been codified?
Over the centuries there have been several methods used for calculating the number of representatives each state gets in Congress. From what I have read, though, the results of the apportionment are ...
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How can the US House of Representatives transition to be elected by proportional representation? Would editing "PL 2 USC 2c" work?
Here is context for my question: I am a student studying political science. I am researching policy that could be used to dismantle the stranglehold that the Democratic and Republican parties have on ...
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What ever happened to the Nixon Pocket veto case?
What ever happened to the Nixon Pocket veto case? This is the case where members of congress sued over President Nixon's recess veto of a spending bill.
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In the show "Designated Survivor," all Congressman but 1 are killed, and the President desperately wants to nominate a new Congress. Why?
Why is it so important to the excecutive branch that there is a full Congress? Can action not be taken by the sole remaining Congressman, or is the problem that this Congressman would have way too ...
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Was it illegal for Nancy Pelosi to tear up her copy of the State of the Union address?
President Trump has claimed it was illegal for Nancy Pelosi to tear up her copy of his State of the Union address, as it was an official document. Is there any law stating that it is illegal to tear ...
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A better tool for reading law than congress.gov
I am looking at the Bipartisan Budget Act of 2019, and interested in discovering how much spending the budget covers.
Early in the bill, there is a reference to existing legislation: "--Section 251(c)...
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Under what rule do bills etc. die (US Congress)?
It is generally accepted that when a bill (for example) is introduced in one house of Congress, it must be approved by both houses before that Congress adjourns. A bill approved by one house cannot be ...
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Legal consequences of complying with a house subpoena?
I keep seeing in the news that, at the president's order, people are ignoring subpoenas from the house of representatives, citing executive privilege. So what legal bite does the president have if ...
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Is there a rule preventing campaign rallies on the House floor?
Is there a law or a House rule preventing House of Representatives members using their time on the House floor, or committee floor, to hold election campaign events?
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SCIF intrusion by members of Congress
Having some tangential experience with Sensitive Compartmented Information Facilities (SCIF) and how seriously they are taken, I was shocked to hear that one was stormed in Congress by people carrying ...
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Will a contempt of congress lawsuit actually reach the merits?
Hypothetical Scenario: Kellyanne Conway is subpoenaed by the House Oversight committee for Hatch Act violations. Conway appears but tells the chairman that he is a fraudulent partisan grandstander, a ...
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Why can't Robert Mueller give the report to congress?
With the recent vote to hold William Barr in contempt of congress, I have one main question. Why can't Robert Mueller just give the report to congress? It's obvious that I don't understand the full ...
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Congress and Trump's Tax Filings [closed]
I am very interested in Congress subpoenaing the IRS for Trump's individual Tax Return for the last 6 years.
I realize they have oversight. But it would look to me as an one outside of the law ...
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What are the legal Ramifications if any, of ratifying the last remaining Un-ratified amendment of the Constitution? [closed]
There were originally 12 articles proposed for ratification in the "bill of rights" ten were ratified soon after. One was ratified in 1992 and the remaining proposal has no deadline or date of ...
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Federal prison and congressional testimony
Assume an individual has been convicted and sentenced for United States Federal crimes and is serving his sentence in the appropriate Federal prison.
Then, he is subpoenaed to testify, under oath, ...
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Is there a gap in the office of Speaker of the House?
In the current Congressional elections, the control of the House of Representatives is changing from one party to another, and the current Speaker did not run for re-election.
In this situation, is ...
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Is there any way a US president could be voted in by popular vote more than two terms?
If everybody was to vote on their ballot for a United States president who had already served two terms and won the election what would happen?
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The five-year statute of limitations on lying to Congress
Part of the point of bringing someone before Congress is that they're forced to tell the truth or risk perjury charges. However, the charges only seem to apply if Congress can quickly dig up proof of ...
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