Skip to main content
26 votes

Are legislators ever asked to explain their intent in Supreme Court cases?

Many jurists do accept that it is appropriate to attempt to ascertain the "legislative intent" as part of the exercise of statutory interpretation, but legislative intent is not an aggregate ...
Jen's user avatar
  • 59.5k
14 votes

Could the Senate abolish the Supreme Court?

If the Senate took the extreme measure of attempting to abolish the Supreme Court, there's nothing in the Constitution that requires them to confirm any of the President's nominees. However, ...
Wes Sayeed's user avatar
  • 1,066
13 votes

Are policies automatically void if the politicians who enacted them were serving unlawfully?

In the United States, the answer depends on who is unlawfully in power. In the hypothetical you presented, the answer is probably that the law would remain valid, as Congress generally has the sole ...
bdb484's user avatar
  • 60.6k
8 votes

Are legislators ever asked to explain their intent in Supreme Court cases?

One impediment to such explanations is that when hearing an appeal (as opposed to a case where SCOTUS has original jurisdiction), there are no witnesses testifying. An attorney for a party may argue, ...
user6726's user avatar
  • 215k
7 votes
Accepted

Nomenclature for two UK Parliament Acts in the same year

Where the primary part of two acts in the same year would be the same, commonly a secondary phrase is added in brackets indicating the narrow subject of the act to avoid this happening. For example, ...
Maca's user avatar
  • 402
6 votes
Accepted

Can you be arrested the day a law is enacted?

The Act was enacted on August 2, 1937. Pub. 238, 75th Congress, 50 Stat. 551 It had an effective date of October 1, 1937, specified at Sec. 17: This Act shall take effect on the first day of the ...
K-C's user avatar
  • 4,024
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 ...
ohwilleke's user avatar
  • 221k
6 votes
Accepted

When does a bill become law?

tl;dr: no, they're not law yet. Background The two bills are different. A5217 proposes to create a juvenile alternative to the current community service program, and A1969 proposes changes to the ...
Pat W.'s user avatar
  • 6,114
6 votes

Can people of California amend laws?

One approach is to sue the (state) government, to see if the state or US Supreme Courts agree. This is probably the most complicated way to get what you want, because it involves a lot of legal ...
user6726's user avatar
  • 215k
6 votes

If the legislature wrote into law "black is white", how would the judiciary react?

There was a recent case in the US state of California (Almond Alliance v. California Fish & Game Commission) that got a lot of press because the court found that bees were fish. The California ...
Justin Cave's user avatar
  • 3,067
5 votes

Could the Senate abolish the Supreme Court?

Short Answer Could the Senate simply decide to stop confirming Presidential nominees to be judges on the Supreme Court, even after there are no judges left on the Supreme Court? Probably yes. The ...
ohwilleke's user avatar
  • 221k
5 votes

Is it legal to crowdfund US federal legislation? Like a prize for whoever proposed an enacted law that allows abortions?

The First Amendment protects your right to financially support whatever viewpoint you want to express, which can include supporting law-making. However, various laws prevent you from paying elected ...
user6726's user avatar
  • 215k
5 votes
Accepted

Can a court-declared unconstitutional law become valid when it's added to the constitution?

Before the election, can a lawsuit prevent the amendment question from being put on the ballot? No. Generally speaking, the constitutionality of an otherwise procedurally proper ballot initiative is ...
ohwilleke's user avatar
  • 221k
5 votes

Are legislators ever asked to explain their intent in Supreme Court cases?

switzerland Not explicitly. The court isn't (as far as I'm aware) going to ask the lawmakers for a statement during a trial. This would be quite difficult, because typically the law is drafted by some ...
PMF's user avatar
  • 5,980
5 votes

Are legislators ever asked to explain their intent in Supreme Court cases?

hungary Maybe an interesting detail, bills in Hungary are drafted together with an explanatory memorandum that is supposed to describe the societal, economical and legal reasons, intentions and ...
Gábor's user avatar
  • 150
5 votes

Why does CFR 15 look so much different on eCFR vs the OLRC?

The first two links aren't the CFR, they are the USC, the United States Code. This is a codification of statute law: laws enacted by Congress. The last two links are to the CFR, the Code of Federal ...
phoog's user avatar
  • 37.9k
4 votes
Accepted

What is the difference between a law and an act?

The words "an Act" and "a law" are often used loosely to be synonymous in an every day conversation, but "a law" is a broader term. For example, the criminal code is "a law". But, while the original ...
ohwilleke's user avatar
  • 221k
4 votes
Accepted

Washington v Davis in How To Get Away With Murder

Washington v. Davis held that if a law or other action (in this case, a Verbal Skill Test as part of D.C. police hiring practices) is not necessarily unconstitutional if it results in discriminatory ...
hszmv's user avatar
  • 23k
4 votes

How did the USA justify its war against Vietnam by way of International Law?

They were there at the invitation the government of Vietnam This is the justification. The government of South Vietnam was the internationally recognised government of South Vietnam (at least by the ...
Dale M's user avatar
  • 213k
4 votes
Accepted

What part of Israeli law declares that the Knesset is the legislative authority?

The Knesset was established in the transition of Israel to independence, but not in a single step. To this day, Israel does not have a comprehensive written constitution, including a definition of the ...
alexg's user avatar
  • 7,000
3 votes

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

The already existing rule 11 penalizes baseless litigation. The modifications in this bill makes sanctions obligatory rather than optional, removes escapes for what would be sanctionable actions, and ...
user6726's user avatar
  • 215k
3 votes

When does a bill become law?

Both contain the text "This act shall take effect immediately," which means it becomes law immediately when one of these actions occur: The Governor signs it The Governor vetoes it, but he ...
Mohair's user avatar
  • 724
3 votes

Could the Senate abolish the Supreme Court?

Instead of just refusing to confirm nominees to fill vacancies, Congress (as a whole, not just the Senate) could pass an act reducing the size of the court, like the Judiciary Act of 1801 which cut ...
WBT's user avatar
  • 4,878
3 votes
Accepted

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?

Why do you want to know? I think that the reason this question seems so obscure is because it does not involve sufficient context and specificity. It can't be answered until one knows the reason that ...
ohwilleke's user avatar
  • 221k
3 votes
Accepted

Processes for a law to be passed

"Law" is actually a very broad term, which encompasses statutes, rules, regulations, precedent and I'm sure some other things that I'm forgetting. The popular understanding of "law" is the statute, ...
user6726's user avatar
  • 215k
3 votes
Accepted

Could U.S. states test a wealth tax?

The Validity of State Wealth Taxes Yes. States can impose wealth taxes, although this doesn't clarify the validity of a federal wealth tax. States have broader taxing power than the federal government ...
ohwilleke's user avatar
  • 221k
3 votes

Why do laws often have a preamble with references to previous laws?

Preamble specifies context. That helps to correctly understand the scope of the law, interpret and apply it.
Greendrake's user avatar
  • 27.6k
3 votes

What is meant by direct Taxes in Article 1 Section 2 in the US Constitution?

Direct taxes were understood at that time as taxes directly on individuals such as a flat-per-person head tax (poll tax,aka a capitation) or an ad valorem (by value) property tax. Taxes on imports and ...
David Siegel's user avatar
3 votes

distinction between law maker and law interpreter like 'Law maker should not be law interpreter'?

I believe that you will find something similar to this idea in the philosophy of John Locke. Locke was an early advocate of the governmental separation of powers, and his political works significantly ...
David Siegel's user avatar

Only top scored, non community-wiki answers of a minimum length are eligible