29
votes
Does "solicit" mean the solicitor must receive what is being solicited in context of 52 U.S. Code Section 30121?
"Solicit" means "ask for". A solicitation can be refused, and it is still a solicitation. That's why the law says "solicit, accept, or receive".
- 217k
14
votes
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
They're published in the United States Statutes at Large, and (for permanent provisions) are incorporated into the ...
- 4,662
13
votes
Accepted
Indiana governor's pardon powers
The Indiana constitution is phrased differently to the US constitution in such a way to exclude pre-emptive pardons:
(Indiana) The Governor may grant reprieves,
commutations, and pardons, after ...
- 1,141
12
votes
Does the New York State Governor have the authority to impose fines?
Public Health Law PBH §12(1) says
Any person who violates, disobeys or disregards any term or provision
of this chapter or of any lawful notice, order or regulation pursuant
thereto for which a ...
- 217k
11
votes
What does an administration need to show in court so that its change-of-policy decisions are not judged "arbitrary and capricious"?
The agency must have provided "reasoned analysis" for rescinding its previous rule
The Supreme Court in Motor Veh. Mfrs. Ass'n v. State Farm Ins., 463 U.S. 29 (1983) held that (emphasis ...
- 10.3k
11
votes
Accepted
What does an administration need to show in court so that its change-of-policy decisions are not judged "arbitrary and capricious"?
The "arbitrary or capricious" test is a very forgiving standard that asks little more than whether an agency's decision is supported by a “rational connection between the facts found and the ...
- 61.8k
9
votes
Accepted
Does the New York State Governor have the authority to impose fines?
Section 29-A of Article 2-B of the Executive section of the New York Consolidated Laws:
...The governor, by executive order, may issue any directive during a state disaster emergency declared in the ...
- 6,594
9
votes
How can the judicial branch enforce a judge's order against the CBP if it does not comply?
@Dale M is basically correct, but fudges a bit on the process.
The court issuing the order would issue an order to show cause to a government official who is alleged by the person who sought the ...
- 240k
7
votes
Accepted
Is the premise of Robert Mueller about how a sitting President cannot be indicted imply that a sitting President is above the law?
Does the Special Counsel's non traditional prosecutorial decision
making put the president above the law since he is unable to be
prosecuted?
All federal government employees, including the ...
- 240k
7
votes
Once a congressional bill has become law, how is it noticed by and overseen within the executive branch?
The executive branch will always know if a bill has become law because they are the final step in the process for turning a bill into law. The only time this isn't the case is when a president vetos a ...
- 859
6
votes
What does an administration need to show in court so that its change-of-policy decisions are not judged "arbitrary and capricious"?
They need to show that they have considered the evidence, followed law and procedure and have rendered a decision on that basis
This is a good overview. With specific reference to the arbitrary and ...
- 227k
6
votes
Accepted
"The 2 for 1 regulations EO": how much is the executive branch allowed to legislate?
An executive order is a way of memorializing in writing Presidential authority that is either expressly granted to the President by the constitution or statute, or is left to President by implication ...
- 240k
6
votes
Accepted
Are agencies controlled by the President or not? How much control is enough for a textualist to accept the Chevron doctrine?
Doesn't the last statement contradicts the first one? Are agencies
controlled by the President or insulated from his control?
These statements aren't contradictory. They just reflect a somewhat ...
- 240k
5
votes
Accepted
Has the Alien Property Custodian Office been abolished?
The ability to create such an office derives (according to Roosevelt, who invoked the power), from the constitutional authority of the president and the Trading with the Enemy Act amended by the War ...
- 217k
4
votes
Accepted
How would one go about getting an exemption from the gathering limit of the PAUSE Executive Order?
There are no feasible legal actions that you can take. The implausible action is to sue the state on some constitutional grounds and have the order overturned in part. The order contains no appeals ...
- 217k
3
votes
Accepted
Can Trump use executive order to lower the Medicare age?
No.
The scope of Medicare is established by statute which must be amended with a statute approved by Congress and signed by the President, or approved after being vetoed by the President with a veto ...
- 240k
3
votes
Can the President issue an implicit blanket pardon for specific offenses?
In short, no, that cant be a pardon for those police officers who would be now influenced to take more violent actions towards those they detain.
Pardons are only applicable to past actions. You may ...
- 2,887
3
votes
Accepted
Once a congressional bill has become law, how is it noticed by and overseen within the executive branch?
The legislature and the executive branches operate separately from a separation of powers point of view, but that doesn't mean they're completely siloed off from each other. Executive agencies ...
- 651
2
votes
Accepted
Why are Congressional Democrats suing the president? Isn't prosecution its own job?
Anybody can ask the courts to remedy a legal or Constitutional issue regarding the president, if they feel it has harmed them. People sue the president and other executive branch officials all the ...
- 31.1k
2
votes
Can the executive branch instruct an agency to not enforce a law?
One example is the law passed by Congress 21 USC 841 which prohibits production, sale or possession of marijuana: prosecutions have been suspended at the federal level by executive-branch decision, in ...
- 217k
2
votes
Can the executive branch instruct an agency to not enforce a law?
Many executive branch enforcement/implementation decisions are discretionary, but not all of them. When implementation is mandatory, a writ of mandamus can be filed to carry out the act.
For example,...
- 240k
2
votes
CEO hiring himself as a consultant
The premise that "CEO then has ABC hire XYZ as a consultant, paying XYZ $10mm per year" suggests that the board of directors is unaware of the CEO's ownership of XYZ. That almost always amounts to ...
- 45.5k
2
votes
How can the judicial branch enforce a judge's order against the CBP if it does not comply?
The normal course of events for a person who defies a court order is that the court would issue a warrant for their arrest for contempt. This warrant would then be executed by the relevant law ...
- 227k
2
votes
How can the President appoint Whitaker as Acting Attorney General?
Based on 5 U.S. Code Section 3345, Matthew Whitaker appears to fulfill the criteria for subsection (a)(3):
notwithstanding paragraph (1), the President (and only the President) may direct an ...
- 4,930
2
votes
What remedy does the Executive Branch have after Executive Privilege has been violated?
A privilege is a right to prevent evidence from being used in a proceeding (even if it has been disclosed publicly by someone who does not "own" the privilege, e.g. the President in whose ...
- 240k
2
votes
Accepted
Does "solicit" mean the solicitor must receive what is being solicited in context of 52 U.S. Code Section 30121?
There is a very detailed definition of "solicit" in 11 CFR § 110.20 - Prohibition on contributions, donations, expenditures, independent expenditures, and disbursements by foreign nationals (...
- 1,357
2
votes
Does the New York State Governor have the authority to impose fines?
It seems that the statement slightly preceded the signing of the order. Executive order 202.14 (issued April 7th 2020) says:
The enforcement of any violation of the foregoing directives on and
...
- 2,356
2
votes
Accepted
If Emoluments violations are tied to the governmental institution, do they go away when the violator leaves the government?
It depends upon the relief sought.
If the relief sought is an injunction seeking to prevent the violator from continuing to engage in an emolument generating activity going forward, it would be moot ...
- 240k
2
votes
Accepted
Can the Defense Production Act grant immunity to civil liability?
Sec. 707 of that law addresses the matter of liability:
No person shall be held liable for damages or penalties for any act
or failure to act resulting directly or indirectly from his compliance
...
- 217k
Only top scored, non community-wiki answers of a minimum length are eligible