Questions tagged [legislature]

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8
votes
2answers
1k views

Are US Senate/House rules legally enforcible?

Suppose, for example, that the Senate is considering the passage of a law. A Senator has decided to open a filibuster. After a half hour, the majority leader tires of hearing this Senator speak. He ...
6
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5answers
4k views

Could the Senate abolish the Supreme Court?

As a follow up from this question, suppose the Senate got tired of the "pesky" Court overturning its laws. Or, suppose that additional elections produced Senate majorities of a different party than ...
5
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1answer
84 views

How can one go about amending the law?

If one feels that the law is not clear enough, or might have loopholes that should be fixed, how would one go about starting a process to possibly amend it? For example, in Texas, a lot of landlords ...
4
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1answer
69 views

Nomenclature for two UK Parliament Acts in the same year

Short titles for UK Parliament Acts are generally formed with the title itself and the year, e.g. Parliament Act 1911, (or, in Yes, Minister terms) Import, Export and Custom Powers (Defence) Act 1939. ...
4
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1answer
267 views

What does/did a Postmaster do?

Reading the list of officers of the 59th Congress, I see someone whose job I can't figure out: Postmaster: J.C. McElroy What did the Postmaster do? Was it his job to oversee the nation's postal ...
4
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2answers
127 views

What is the purpose of this “Rule of construction” in a bill (H.R. 720)?

I'm reading the text of bill "H.R. 720: Lawsuit Abuse Reduction Act of 2017" as it was introduced on Jan 30, 2017 at govtrack.us. Sec. 2. (b) reads Rule of construction.-- Nothing in this Act ...
3
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1answer
152 views

Can you be arrested the day a law is enacted?

On October 2, 1937 the Marijuana Tax Act was enacted. On this same day, a man named Samuel R. Caldwell was arrested by federal agents for selling Marijuana to Moses Baca, who was also arrested. Is ...
3
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2answers
2k views

What are the effects if a law changes while on trial?

Say you are on trial for crime A. Legislation on crime A is edited/updated/changed in some way during your trial... Does this start the trial over? Do you continue under old or new law? Is the trial ...
3
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1answer
84 views

References to repealed bylaws?

Section 67 of the Municipal Government Act states: References to repealed bylaws A reference in a bylaw, enactment or document to a bylaw that has been repealed by the revised bylaws is, in ...
2
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2answers
91 views

When does a bill become law?

I am confused by both of these NJ bills: A5217 and A1969 Both are nearly identical, and both indicate "Be it enacted". Are they now the law? They appear to modify existing law. Nevertheless, that ...
2
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2answers
982 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 ...
2
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3answers
387 views

How much does the President have to take the Senate's appointment “advice?”

Article II, Section 2, of the US Constitution (emphasis added) states: [The President] by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and ...
2
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1answer
234 views

Fences around the laws; vote swapping

I don't know whether this is on topic because I'm not asking what the laws are but what the laws should be. On the 2nd thought, I can phrase it as a factual question: Is criminalizing suspiciousness ...
2
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2answers
71 views

What is meaning of omission of a section from any act of legislature

I understand meaning of repealed sections. But, if any section of act has been identified as omitted does this mean that this particular section was not meant to be in the act? If so then why official ...
2
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1answer
30 views

What proportion of UK statutory instruments are passed using the negative resolution procedure?

I know that most EU directives are implemented via Statutory Instruments passed via the negative resolution procedure, but is this procedure commonly used for law with a UK origin?
2
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1answer
66 views

Using U.S. hosting service from Europe

I was reading about data transfer implications for those of us who live in EU. Apparently transferring any user's personal info outside of EU is not strictly legal, unless you go through some ...
2
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0answers
62 views

United States: I can't find XML file of the Affordable Care Act

I'd like an XML file of the Affordable Care Act (aka Obamacare), Public Law 111–148. I found plain text files, but those are not helpful, nor are the PDF files. I really need the XML file. I tried ...
1
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1answer
3k views

What is the difference between a law and an act?

In context of Indian legislature, I know that when a bill is put to vote in the Union parliament and gets the votes of majority of the members in all the houses, it is sent to the President of India ...
1
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3answers
97 views

Is there a way to get old bylaws off the books?

I'm doing some housekeeping in our bylaws, and we have a number of bylaws that aren't anything more than bylaws to rescind other bylaws. For example, in the municipality I represent we have this ...
1
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3answers
137 views

Processes for a law to be passed

In the US, what is the process for passing a new law? What are the stages and what are the regulatory bodies involved? Does it depend on the type of law? Also, once a law is passed, is there any ...
1
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2answers
977 views

What are the different kinds of rules/procedures that describe what counts-as/constitutes a rule change and what kinds of problems can they cause?

This is a question about legislation, including constitutive rules and administrative law To give some context, I am interested in legal reasoning (as in a logic of law), but I am not a legal-expert. ...
1
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2answers
2k views

Relationship between PL (Public Law) and USC (US Code)

I am learning about taxes. In discussing the jurisdiction to tax citizens, my course cites: P.L. 86-272, Section 101(b)(1) When I search for this text, I only find this: 5 U.S. Code § 381 - ...
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1answer
106 views

Washington v Davis in How To Get Away With Murder

In How To Get Away With Murder S04E13, a character says In Washington v. Davis, your predecessors decided that even if a law has a discriminatory effect, it is unconstitutional if that was not ...
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2answers
132 views

What makes a 'good' piece of legislation, and what are considered good examples?

The Investigatory Powers Act 2016 is a controversial piece of legislation in the UK at the moment, considered poorly-written and authoritarian by its detractors. The Computer Misuse Act 1990 was ...
1
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1answer
64 views

Is a bylaw valid if there is an error in one of its whereas statements?

We have a bylaw that references another bylaw in one of the whereas statements. It says, "WHEREAS Bylaw 1638 provides authority for..." and it doesn't really matter what bylaw 1638 provides ...
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0answers
28 views

Business legislation regarding selling homemade cosmetics

My business partner and I are looking to start a UK based hair product business which is 100% plant based and made from natural ingredients. Shampoo's, conditioners etc. All products are created from ...
0
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2answers
142 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 ...
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1answer
77 views

How can a municipality discourage and control destructive behavior? [closed]

I live in a town of about 20,000 people, plus a large college student influx in late August, in the state of New York. Not far from my house there is a dam in a creek. Just above the dam, there are ...
0
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1answer
71 views

Is direct voting of bills/laws by the people allowed in the consitution(US)?

I'm talking big issues like the recent vote by the British vote to exist EU. I'm talking federal bills/laws, does the US constitution allow these types of vote by the people?
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1answer
30 views

What is the area of law for procedures setting out the legislative process called and what theory is there?

Some laws act to explicitly set out what constitutes a law change, what types of legislation are possible and the legislative process that must be followed to enact a law. What is the area of law ...
0
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1answer
43 views

How does a company, with a multinational presence, establish the correct Jurisdiction to work within?

For the purpose of this question, let's assume an eCommerce company has the following profile: Registration Location: London; Distribution and Manufacturing: London; Domain Name: www.example.co....