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Questions tagged [executive]

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12 votes
4 answers
2k views

Once a congressional bill has become law, how is it noticed by and overseen within the executive branch?

Bills, once they become laws, seem to be archived and internally published somehow. I wonder how the executive branch picks up on and implements them when/after this happens. Someone, somewhere in the ...
2080's user avatar
  • 303
7 votes
1 answer
1k views

Indiana governor's pardon powers

Can the governor of Indiana issue preemptive pardons like the POTUS can? If so, what is the source of law that expressly confirms this, or at least leaves little doubt that this is within the ...
BakedAlaska624's user avatar
2 votes
1 answer
66 views

When do Section 33D notices actually get used?

Section 8 of the Housing Act 1988 describes the effect of such a notice being issued upon landlords by the Home Office, and the content of such notices makes obvious when it can be sent and might be ...
Timothy's user avatar
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1 vote
2 answers
115 views

Can the Canadian administration ("government") enter into international agreements, treaties etc. binding Canada without legislative ratification?

According to Wikipedia citing a CBC coverage Canadian Minister of Foreign Affairs, Mélanie Joly told to reporters that "[u]nder the Canadian system the government, the executive branch, has ...
kisspuska's user avatar
  • 3,924
2 votes
1 answer
95 views

Are agencies controlled by the President or not? How much control is enough for a textualist to accept the Chevron doctrine?

In this video, at 11:20 Justice Scalia says: Congress created a series of agencies insulated from presidential control In the same video, at 57:06, in answering a question about the Chevron doctrine,...
robertspierre's user avatar
12 votes
3 answers
2k views

What does an administration need to show in court so that its change-of-policy decisions are not judged "arbitrary and capricious"?

Regarding a recent SCOTUS decision on the "remain in Mexico" program, I've read that: The Supreme Court on Tuesday said the Biden administration likely violated federal law in trying to end ...
got trolled too much this week's user avatar
1 vote
0 answers
40 views

Must a US cabinet member be notified of being fired?

If the US president decides to fire a member of the cabinet, does the president have to arrange for a notice of the firing be served upon the cabinet member? If so, who can serve such a notice?
Gerard Ashton's user avatar
3 votes
1 answer
119 views

What are the implications of the new executive order regarding social media?

As I understand it, Trump is planning to issue an executive order that claims some social media platforms are violating the Communication Decency Act Section 230 by not acting in good faith, and as a ...
DoubtingThomas3005's user avatar
-1 votes
1 answer
50 views

How would one go about getting an exemption from the gathering limit of the PAUSE Executive Order?

Say a person wants to get Married in Upstate New York within the most recent revision of the PAUSE act. Right now, gatherings are restricted to 10 people. This would cause the wedding to be slimmed ...
isakbob's user avatar
  • 1,589
1 vote
1 answer
39 views

Can the Defense Production Act grant immunity to civil liability?

Trump has said that he's going to give liability protections to meat processing plants in case employees catch COVID-19 at work. The executive order itself is here. Cited in the order is the Defense ...
Matthew Cline's user avatar
15 votes
3 answers
3k views

Does the New York State Governor have the authority to impose fines?

The New York State Governor has allegedly declared a "fine for violations of the state's social distancing protocol from $500 to $1,000...." The government website claiming that declaration ...
feetwet's user avatar
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1 vote
2 answers
77 views

If Emoluments violations are tied to the governmental institution, do they go away when the violator leaves the government?

My question on Politics.SE around the recent DC Appeals Court dismissal of emoluments charges against the president on procedural grounds brought on a discussion better suited to here: If an ...
Carduus's user avatar
  • 439
3 votes
2 answers
134 views

What remedy does the Executive Branch have after Executive Privilege has been violated?

Claims of executive privilege seem to be a cautionary claim - cautioning someone to not disclose inner workings of the executive branch. It is a preventive claim - preventing someone from releasing ...
NonPartisanObservor's user avatar
6 votes
2 answers
1k views

Does "solicit" mean the solicitor must receive what is being solicited in context of 52 U.S. Code Section 30121?

Background The impeachment of Trump over the Trump-Ukraine scandal has been all over the news as of late for the public hearings. One of the things under scrutiny is the fact that President Trump ...
isakbob's user avatar
  • 1,589
0 votes
2 answers
92 views

Chicago Teachers Strike

Who has the power to force teachers back to work at their old salary? Chicago mayor? Illinois governor? USA president? For how long can this be forced? E.G., is a 5-year effective suspension of ...
bobuhito's user avatar
  • 1,001
5 votes
1 answer
584 views

Is the premise of Robert Mueller about how a sitting President cannot be indicted imply that a sitting President is above the law?

Background In page 213 of the Mueller Report, the Special Counsel team describes thier considerations that guided their obstruction-of-justice investigation. First, a traditional prosecution or ...
isakbob's user avatar
  • 1,589
7 votes
2 answers
882 views

How can the President appoint Whitaker as Acting Attorney General?

Today the president asked for and received the Attorney General’s resignation. Then it was announced that the DOJ Chief of Staff, Matthew Whitaker would be the Acting AG and according to the Hill, ...
RBarryYoung's user avatar
0 votes
4 answers
600 views

CEO hiring himself as a consultant

Is a CEO of a U.S. public company allowed to hire a consulting firm for which he is the sole or primary employee? Example: Suppose a compensation committee within the board of directors of company ...
griggah's user avatar
  • 11
1 vote
1 answer
449 views

Can the President issue an implicit blanket pardon for specific offenses?

Yesterday, President Trump made a speech applauded by law enforcement encouraging their rough treatment of suspects, specifically including a removal of protection from physical injury when a suspect ...
WBT's user avatar
  • 4,878
1 vote
1 answer
111 views

Why are Congressional Democrats suing the president? Isn't prosecution its own job?

I heard Congressional Democrats are filing an emoluments lawsuit against Trump. I don't get this. Wasn't prosecution of "high crimes and misdemeanors" (aka impeachment) in Congress's own job ...
user541686's user avatar
  • 1,556
2 votes
2 answers
1k views

Can the executive branch instruct an agency to not enforce a law?

Using the current discussion regarding the Johnson Act as an example (unless there are more relevant examples): Can the Executive branch instruct an administrative agency to not enforce or ignore a ...
BlueDogRanch's user avatar
  • 18.9k
0 votes
2 answers
200 views

"The 2 for 1 regulations EO": how much is the executive branch allowed to legislate?

This is a very broad question (and one that will change over the next few weeks and months when the administration and congress weigh in), and could be overly subject to opinion. But: is this new ...
BlueDogRanch's user avatar
  • 18.9k
5 votes
2 answers
2k views

How can the judicial branch enforce a judge's order against the CBP if it does not comply?

Inspired by recent events, I am wondering what would happen if a court makes a clear ruling (say, that border officials must not turn back refugees) and if CBP explicitly refuses to comply. (I say "...
user541686's user avatar
  • 1,556
0 votes
2 answers
112 views

Was it legal for the US government to torture detainees?

After the events of 9/11 the Bush administration started torturing (by international standards of the word) people suspected of terrorism. For example "enhanced interrogation" was used which ...
ESamual's user avatar
  • 111
2 votes
2 answers
849 views

Can Trump use executive order to lower the Medicare age?

I was reading this opinion piece about the new Trump presidency and healthcare legislation. They mention an interesting thought at the end: it if Trump decided to ... lowering the age-limit for ...
Astor Florida's user avatar
4 votes
2 answers
1k views

Has the Alien Property Custodian Office been abolished?

I'm doing research into Japanese internment, and I was reading about executive order 9095. This order created the Office of Alien Property Custodian (APC) as authorized by the Trading with the Enemy ...
tox123's user avatar
  • 143
0 votes
1 answer
84 views

Are there legal obstacles to an elected official appointing a special prosecutor to pursue his/her opponent?

The current US Presidential campaign has had a lot of mud-slinging and accusations back and forth about violations of the law by the opposing candidate. One has explicitly stated plans to (if elected)...
WBT's user avatar
  • 4,878
3 votes
6 answers
143 views

Is a judge paid by the state allowed to hear criminal cases?

In my case the other party is the state. The judge also receives local judicial benefits from the state which is a party appearing before him. Like in my case it's my name verse state of Washington. ...
user5249's user avatar