Questions tagged [executive]
37 questions
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Does the New York State Governor have the authority to impose fines?
The New York State Governor has allegedly declared a "fine for violations of the state's social distancing protocol from $500 to $1,000...."
The government website claiming that declaration references a March 20 executive order ("New York State on…
feetwet
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What is the current legal status of birthright citizenship in the U.S. while legal challenges are ongoing?
The Fourteenth Amendment to the U.S. Constitution states that "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." This has…
Schwarz Kugelblitz
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What does an administration need to show in court so that its change-of-policy decisions are not judged "arbitrary and capricious"?
Regarding a recent SCOTUS decision on the "remain in Mexico" program, I've read that:
The Supreme Court on Tuesday said the Biden administration likely violated federal law in trying to end a Trump-era program that forces people to wait in Mexico…
Looking for loopholes
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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. I wonder how the executive branch picks up on and implements them when/after this happens.
Someone, somewhere in the federal executive departments and agencies must…
2080
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How much influence do the below 3 SCOTUS precedents have for Trump voiding birthright citizenship?
President Elect Trump has said he wanted to void birthright citizenship as a means to curb illegal immigration to the USA.
The 14th amendment of the Constitution guarantees that "all people born in the US and subject to the jurisdiction thereof are…
Anthony
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Does a President's mental incompetence invalidate his actions?
Is a President required (or assumed) to be mentally competent in order to execute the powers of his office?
Can his action be undone retroactively if he is proved to be mentally incompetent at the time of his action?
Phil Freedenberg
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What does "within ten Days (Sundays excepted)" — the veto period — mean in Art. I, § 7, Cl. 2 of the US Constitution?
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to…
candied_orange
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Indiana governor's pardon powers
Can the governor of Indiana issue preemptive pardons like the POTUS can?
If so,
what is the source of law that expressly confirms this, or at least leaves little doubt that this is within the governor's authority (e.g. judicial
interpretation,…
BakedAlaska624
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How can the President appoint Whitaker as Acting Attorney General?
Today the president asked for and received the Attorney General’s resignation. Then it was announced that the DOJ Chief of Staff, Matthew Whitaker would be the Acting AG and according to the Hill, NyPost, and others:
"The Acting Attorney General is…
RBarryYoung
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Does "solicit" mean the solicitor must receive what is being solicited in context of 52 U.S. Code Section 30121?
Background
The impeachment of Trump over the Trump-Ukraine scandal has been all over the news as of late for the public hearings. One of the things under scrutiny is the fact that President Trump violated 52 U.S. Section 30121 when he asked…
isakbob
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Is the premise of Robert Mueller about how a sitting President cannot be indicted imply that a sitting President is above the law?
Background
In page 213 of the Mueller Report, the Special Counsel team describes thier considerations that guided their obstruction-of-justice investigation.
First, a traditional prosecution or declination decision entails a
binary determination…
isakbob
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How can the judicial branch enforce a judge's order against the CBP if it does not comply?
Inspired by recent events, I am wondering what would happen if a court makes a clear ruling (say, that border officials must not turn back refugees) and if CBP explicitly refuses to comply.
(I say "clearly" and "explicitly" because the point of this…
user541686
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Has the Alien Property Custodian Office been abolished?
I'm doing research into Japanese internment, and I was reading about executive order 9095. This order created the Office of Alien Property Custodian (APC) as authorized by the Trading with the Enemy Act. I read that the APC was abolished by LBJ in…
tox123
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Can a US president selectively enforce laws to have the effect of chilling free speech?
I've been looking at the 1st amendment of the US constitution recently, and its quite obvious that the interpretation of it in the courts through case law has grown quite a lot richer than the text of the amendment in the first place. The text…
Cort Ammon
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Why would a government employee listen to Elon Musk about anything?
Say I'm Jimantha O'Wong, the person in charge of some important federal door through which only people authorized by the federal government (executive branch) may pass. Maybe everybody's taxes are inside it. Or it's there to protect the Declaration…
interfect
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