17

There are a number of areas in which the US states can pass laws only to the extend that they do not conflict with Federal laws passed by Congress. When a federal law clearly says that states may not pass laws on a given subject, the issue is clear. When it specifically invites state laws, the issue is also clear. But when a Federal law imposes certain ...


12

Impeachment In addition to the Constitutional qualifications, one may become ineligible to federal office by being impeached by the House, convicted and removed from office by the Senate, and having the Senate add the "disqualification" term to the sentence. This is surely something done by the legislature but it is not done by passing a law. ...


12

The President, Vice-President, Senators and Congressmen are the only elected federal officials, and their qualifications are described in the US Constitution (Art 1, Sect 2, Clause 1 & 2 for Representatives, Art 1, Sect 3, Clause 3 for Senators; Art. 2, Sect 1, Clause 5 for President). Congress cannot impose any other qualifications, see Powell v. ...


9

"Occupying the field" refers to a situation in where federal regulation of a matter is "so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it.” Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947). In other words, if the federal government has so comprehensively regulated an industry ...


8

Yes Impeachment proceedings (as are all activities of Congress) are legal proceedings in that they are enabled by the Constitution. While it is true that they are not judicial proceedings, the activities of the legislature as with the executive (like a police interview) and judiciary (like a trial) are legal processes and the Fifth Amendment rights apply. ...


8

The only way that a member of the House of Representatives, or a U.S. Senator can be removed from office (other than by resignation, death, or expiration of a term of office without being re-elected) is by a two-thirds vote of the chamber removing that member. The relevant provision of the United States Constitution is Article I, Section 5, Clause 2 which ...


8

There is no current authorization to bar any member of the house from the floor, so the answer depends heavily on what actually happens. Since remote voting was approved, no constituency would be disenfranchised. But we could imagine the house adopting a rule barring remote participation, and also barring entry to the House floor for any person not wearing a ...


6

Final Result: The 117th Congress did actually meet and swear in on a Sunday, January 3, 2021. Per the other answer by @NateEldredge, this was the first Sunday swearing in for at least several decades. December Update: There still does not appear to be a bill to change the date of convening the 117th Congress. However, an entry in the Congressional ...


5

Either house of Congress can certainly remove a member from the floor for disorderly conduct. If, say, a member attempted to attend in the nude, the Sargent-at-arms could and probably would remove the member and prevent the member from returning until the member complied with the rules. Ar one time, I believe, Congress required that members wear a necktie ...


4

would this violate the constitutional rights of that House member's constituents to always be represented in Congress? There is no such right. It isn't uncommon for members of a House district to be unrepresented due to a vacancy for a prolonged period of time until a new election to fill a vacancy can be held.


3

Double jeopardy applies to the same facts, not to the same sorts of crimes. Say if you are tried and acquitted of murder of person A, that won't later save you from being tried for murder of person B. Same applies to your question: if the documents/testimony on the second occasion are different from the first occasion, there is no protection. If they are the ...


2

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 Representatives impeach him, and the Senate convict him, on the spot? Short Answer No. He can't be impeached immediately on the spot, but that doesn't mean that Vice ...


2

The 14th Amendment says All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life,...


2

A duly enacted federal statute or treaty passed after the interstate compact is entered into may supersede or abrogate provisions of the interstate compact, even if the interstate compact, on its face, says otherwise. This is mostly because: Federal law is supreme over state law, and A later enacted law or treaty may overrule any previously adopted law or ...


1

That quote actually seems to be lifted from p.2 the 29-page response opposing the petition to substitute the US as defendant, namely THE UNITED STATES’ RESPONSE TO DEFENDANT MO BROOKS’S PETITION TO CERTIFY HE WAS ACTING WITHIN THE SCOPE OF HIS OFFICE OR EMPLOYMENT Case 1:21-cv-00586-APM Document 33 Filed 07/27/21 The full para where that appears (and the ...


1

No Reynolds v Sims 377 U.S. 533 (1964) decided that the equal protection clause required “one person, one vote”. In practice this means that electoral districts must have (approximately) the same number of voters. While it didn’t address disenfranchisement directly, its difficult to see how excluding otherwise eligible voters meets the “one person, one vote” ...


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