Questions tagged [legislative-power]

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6answers
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Can Congress overrule Marbury v. Madison by statute?

Can the United States' Congress pass a statute (by simply majority of both houses, then signed into law by the President) which says: Using the power granted to us by Article III, Section 2, clause ...
3
votes
4answers
102 views

Could attempting to codify case law that was decided many years ago open up the legal question again?

As of right now, gay marriage is legal based off of the case law resulting from the decisions of United States v. Windsor and Obergefell v. Hodges. These cases struck down Sections 2 and 3, ...
3
votes
1answer
356 views

Can people of California amend laws?

In the US state of California, if someone feels an existing law gives excessive punishments or is unconstitutional, what can they do?
2
votes
1answer
117 views

Nashville Protest Felony Legislation Can't Possibly be Legal, Right?

Tennessee passed some legislation yesterday in what appears to be a thinly veiled attempt to come down hard on protestors in the capitol. The most notable is that it is now a felony (with severe ...
1
vote
2answers
96 views

When are government officials protected by legislative immunity?

A legislator is being sued under 42 U.S.C. 1983 for violating a constituent's civil rights. The legislator wants to assert legislative immunity as a defense. What is the test for determining whether ...