New answers tagged congress
2
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.
4
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 ...
7
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 ...
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 ...
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 ...
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