17

Generally not. Federal court uses a principle known as the enrolled bill rule -- in deference to the coequal status of the three branches of government, the "enrolled bill" (the thing printed on fancy paper that actually went to the President for signature) is irrebuttable evidence that the law was properly passed. The courts cannot deal with inquiries into ...


7

They ran the mail service for the House of Representatives, not for the country as a whole (that was, and still is, run by the Postmaster General). The position was eliminated in 1993, with duties reassigned to other personnel.


7

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, attempting to dismantle one of the three branches would be nothing short of a coup d'etat. The president has some options here: He [the President] may, on ...


7

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, the Supply and Appropriation (Anticipation and Adjustments) Act 2016 was followed later in the year by the Supply and Appropriation (Main Estimates) Act 2016. ...


6

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 either from a lack of guidance or as a result of the structure of the constitution and historical precedent. Congress has wide discretion to legislate in a ...


6

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 state's anti-bullying law. It looks like they've reassigned the number "5217." The correct version of A5217 is at this link. A bill becomes law when signed into ...


5

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 second month after the month during which it is enacted. As soon as a law defining a crime is in effect, you can be arrested for that crime. Calder v. Bull, ...


4

The President can nominate whomever he wants; the "advice" is formally post-nomination advice (the motion to confirm appointments is a motion "to advise and consent to" the nomination). In any event, "advice" is by definition non-binding; that's why it's not a command. However, the Senate must consent to the appointment before the officer assumes the ...


4

Call, write, or visit the office of your legislative representative. This page can help you figure out who that is. They have the ability to introduce a bill into the legislature that would change the law, and that's the best way to change a law like what you're trying to do here. Be sure to tell the legislator exactly what you think should be changed (...


4

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 version of the criminal code may have been a single "act", the criminal code has almost certainly been amended by many other acts over the years after its ...


3

I'll preface this by saying I live in Australia where the lowest jurisdiction that can make an act a criminal offence is the state; local governments simply do not have that power here, Question 1: If I understand this right you have a law that you do not enforce that carries moderate sanctions and you are asking that a law that you do not enforce with ...


3

Public Law ##-### is a reference to a slip law -- an actual bill, as passed by Congress and signed (or vetoed, if the veto was overridden) by the President. The first number is the number of the Congress that passed it, the second the number of the law in that Congress. (the "Public" is in contrast with private bills, which are things like "XYZ person, who ...


3

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 it matters to know if a rule is new or not. In a particular context, these questions usually have obvious and clear answers. The murkiness arises only when one ...


3

"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, which involves Congress (at the federal level) or the legislature (and the state level). That is the kind of law that we say is "passed". At the federal level, ...


3

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 expands the range of sanctions. The clause in question strikes me as redundant, because existing rule 11(b)(2) says of the action that (2) the claims, ...


3

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 outcome. In order to be actionable against the state, one must prove that the law was intended to discriminate from the creation of the law. Your quoted source ...


3

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 Legislature overrides the veto by a vote of at least two-thirds of the members of each House


3

Preamble specifies context. That helps to correctly understand the scope of the law, interpret and apply it.


2

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 the Supreme Court from six justices down to five. They also don't always have to wait for vacancies to be at least temporarily effective. Congress as a whole ...


2

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 Merrick Garland nomination seems to provide a precedent for this kind of action. Long Answer I don't believe that it is possible to provide a definitive ...


2

According to the Municipal Government Act (R.S.A., 2000, M-26), ss. 62-69 discuss revision of bylaws: s. 69 allows you to consolidate your by-laws, which I believe is what you are proposing. Doing a search for consolidation by-laws didn't show anything though, which is not surprising considering that it doesn't affect any current by-laws. You may want to ...


2

Why would you want to do this? Your collection of by-laws is a living document - just because one has been repealed doesn't mean that it is no longer relevant. For example, if someone were to take legal action, the outcome of which depends on if a particular repealed by-law was in force at the relevant time or not, then when (and possibly why) it came in and ...


2

Generally not, you are on trial under the law as it was when the criminal act was commissioned. Laws are rarely changed retrospectively.


2

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 certain states (Washington, Colorado, others no doubt). Obama indicated at the time that such prosecutions were not high priority, a determination that is ...


2

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, the executive branch has a non-discretionary duty to release people from prison when their sentence expires and must carry out that law. But, the executive ...


2

I dont have a good understanding of what exactly makes good legislation. But one of my professors did tell me what his favorite piece of legislation was: the Law of Property act 1925. He said it was "beautiful" and very well thought out. The provisions covered almost every reasonable situation and was robust in operation, offering very little room for ...


2

What proportion of UK statutory instruments are passed using the negative resolution procedure? On average, about 90% (source, source) For session-by-session numbers, the Sessional Returns page of the Parliament website lists statistics for previous sessions, including a breakdown of statutory instruments. For example, in the 2016-17 session, we can see ...


2

It is a bit unclear why that version says "omitted". The Indian Legislature has a copy of The Representation of the People Act, 1951, where in the Arrangement of Sections listing it says "168. [Repealed.]", and the content of that section is [Special provisions with respect to Rulers of former Indian States.] Rep. by the Rulers of Indian ...


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