Questions tagged [executive]

Questions about executive branches or executive functions of governments. Please use with the tag for the relevant country.

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6 votes
2 answers
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Is it common for former presidential advisors to go by "Honorable"?

I saw this tweet today for an event headlined by "The Honorable Jared Kushner." https://twitter.com/meridithmcgraw/status/1569300032389619714 Kushner, a former senior advisor to Donald Trump,...
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2 votes
2 answers
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What remedy exists for the executive branch ignoring laws passed by Congress regarding immigration? [closed]

I understand that immigration is the purview of the United States government. What is the remedy when the government fails to enforce its own immigration laws?
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In parliamentary democracies, what are the pros and cons of giving the government the power to dissolve parliament?

In parliamentary democracies, there is usually a constitutional mechanism for parliament to be dissolved when it encounters deadlock. The dissolution would trigger a new election with the aim to ...
6 votes
1 answer
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Is there objective data on whether, in general, that more authoritarian countries have more ambiguous laws on the books?

It is said by some Western sources that China has exceedingly vague laws on the book, which allow the executive branch to make up violations against the political undesirables du jour. (This is even ...
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How can the judiciary make executive decisions in Brazil?

According to this new (in Spanish) federal court decides implementation of COVID passport The magistrate of the Supreme Federal Court of Brazil decided it will demand proof of vaccination for ...
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2 votes
3 answers
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Can a monarchy have a tripartite division of authority?

Can a monarchy have a tripartite (legislative, executive, judicial) division of authority*? Viz., can a single person (the monarch) exercise all three of these authorities, or does he need to delegate ...
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Shortest term as prime minister?

In November, Sweden's prime minister, Magdalena Andersson resigned just hours after being elected. Was her reign the shortest of any nationally-elected executive? Have any leaders, in any other ...
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-6 votes
2 answers
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Isn't there a conflict of interest when the president appoints a (former) judge as the attorney general?

Isn't Merrick Garland too conflicted to be Attorney General because he is a former Chief Judge on the US Court of Appeals for the D.C. Circuit? After his Chief Judgeship, Garland was nominated by and ...
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20 votes
3 answers
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Does the U.S. Cabinet take direct orders from the President?

Cabinet members often state that they serve at the pleasure of the President, and the President can fire any Cabinet member at any time, but can the Cabinet members legally and constitutionally ignore ...
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3 answers
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Why hasn't the Supreme Court found the Hatch Act unconstitutional?

The Hatch Act is a law that was passed in 1939. It says that Cabinet employees as well as other non-presidential Executive Branch members cannot talk about candidate-specific issues among other things....
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Can the president decriminalize marijuana without congressional action?

I've heard this many times before, I assume it's true and can't find any rejection of it. However, asking here for a second opinion. The Attorney General serves at the "pleasure of president&...
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1 answer
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In what way(s) was US Judge Royce Lamberth a "pain in the butt" to the Clinton Administration?

After 06:27 in the CNN video Rudy Giuliani suspended from practicing law in New York state commentator Paul Kane, Senior Congressional Correspondent for The Washington Post said (my transcription): ...
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1 answer
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What do these posts mean? [closed]

In the organisation of the UN, what are the roles of these posts: Secretary General of the UN. Director General. General Counsel and Head of Global Public Policy First Vice President (The post that ...
5 votes
3 answers
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Does Congress delegate powers to the Cabinet directly or to the President who then gives it to the Cabinet member?

My question basically boils down to "does the Cabinet hold powers separate from the President?" I'll give an example of what I mean. The Secretary of Treasury is responsible for "...
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1 answer
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Why does the Executive make (promulgate) laws? The laws should be made by the legislative

The Executive, as its name suggests, should be working for the execution and in the Polity, I think, it would be executing the laws. The laws are made (or consented, if you like) by the legislative (...
1 vote
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In Sweden, are there any ramifications if the Prime Minister chooses not to observe the Government's (Cabinet's) decision?

In Sweden, the executive power is vested in the Government (i.e. The country's "Cabinet" which consists of the Prime Minister and other Ministers), as opposed to the Prime Minister. This ...
28 votes
2 answers
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Appeal process for being designated a "Terrorist Group" (Canada)

Yesterday, the office of Canada's Minister of Public Safety and Emergency Preparedness designated 13 groups as "Terrorist Groups". According to CBC, the result is that it is not necessarily ...
2 votes
3 answers
220 views

To what extent are senior non-elected officials such as the WH Chief of Staff provided with protection?

I have to admit my question is triggered by a scene in Veep, where a security situation results in the President being surrounded by Secret Service agents (s04e02), but after spending some time on ...
8 votes
1 answer
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Why is the head of the Department of Justice not called the Secretary of Justice?

In the United States, the Attorney General leads the Department of Justice. This stands in contrast to other federal executive departments whose leaders hold the title of "Secretary". Is ...
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4 answers
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In parliamentary democracy, how do Ministers compensate for their potential lack of relevant experience to run their own ministry?

Due to the fact that most parliamentary systems prefer having Members of Parliament as Ministers, how do Ministers make up for their lack of relevant experience when running a ministry? For example, a ...
1 vote
0 answers
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Trump pardons...Trump? [duplicate]

If Gerald Ford was able to preemptively pardon Richard Nixon, what would stop Trump from doing that to himself? Why doesn't every president do that, just in case?
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3 votes
1 answer
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Is there some legal basis for POTUS having to "clear" subordinates for certain therapies?

Ben Carson, secretary of the Department of Housing and Urban Development, was quoted saying that: "President Trump was following my condition and cleared me for the monoclonal antibody therapy ...
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2 votes
1 answer
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Is the US unique in a voted-out president staying in power so long? [duplicate]

In the US system, it is approximately 6 weeks between the presidential election and the actual handing over of power to the winner. It seems surprising that executive power is retained so long by a ...
6 votes
1 answer
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Number Designation of Signed US Presidental Executive Orders

I was drafting an opinion piece which discusses an Executive Order (EO) recently signed by US President Donald J. Trump, and found that referencing the document wasn't as simple as I expected. The ...
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1 answer
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How can a Governor enforce "Shelter in Place Orders" if cities or States' Attorneys refuse to enforce them?

I've seen reports of state's attorneys and cities refusing to enforce state Stay at Home orders. If a governor was so inclined, are there actions they could take against the state's attorneys and ...
22 votes
1 answer
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What are the requirements for receiving the Presidential Medal of Freedom?

I was reading about the Presidential Medal of Freedom and how the president of the United States awards this medal to people who have made "an especially meritorious contribution to the security or ...
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1 answer
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Who needs to clear John Bolton's book before publication?

While it would seem obvious that John Bolton would/should get some sort of clearance from CIA/DOD prior to publishing his book, lest he reveal some classified information,does Bolton have any ...
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1 answer
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How does a "delivery of military aid" play out in practice?

I am referring to the episode regarding the Ukraine conflict, where there was security assistance supposed to be paid by the United States to Ukraine. How does this "release of aid" actually play out?...
27 votes
1 answer
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Do former US presidents have the right to receive daily CIA briefings?

In Michael Moore's 2004 film Fahrenheit 9/11 a person named Dan Briody says the following: George H.W. Bush is a man who has obviously incredible reach into the White House. He receives daily CIA ...
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5 answers
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Why make large dense investigative reports for public release if there are significant barriers to understand them?

Background The U.S. government time and again produces public large dense reports that describe specific phenomena in excruciating detail for someone not in the legal or lobbying profession. Every ...
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1 answer
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presidential candidates promises

Why do presidential candidates make promises that they won't be (much) a part of? For example: medicare for all Anyone can come up with a bill but they are introduced, debated, amended, and passed ...
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1 answer
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Who is the "agency designee" with respect to 5 CFR § 2635.502 (c)-(d) for the White House?

5 CFR § 2635.502 deals with potential conflicts of interests of federal employees. If I'm reading that correctly, it seems that every government agency needs to have at least one "designee" ...
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7 votes
1 answer
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What executive powers does the Prime Minister have?

In a presidential republic like, say, America, there are executive powers afforded to the President; for example the power to veto legislation. In the United Kingdom, as I understand it, the powers of ...
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3 votes
1 answer
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Does Trump's no-testimony directive cover the putative Senate trial as well?

Trump has issued a directive see page 2 that has been used as a reason by some of his (present and former) officials to not testify in the impeachment hearings so far, including Bolton and Mulvaney. ...
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1 answer
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Difference between constitutional and executive presidents( U.S and EU)?

In what way is the position "president" different in presidential and parliamentary democracies? Presidential would be like in the USA and parliamentary would be like the UK's system.
1 vote
2 answers
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Are personal attaches or envoys, such as Rudy Giuliani, Bill Donovan and Vernon Waters on the government payroll when they held those posts?

Roosevelt relied heavily on his advisor "Wild Bill" Donovan in much the same way as Trump does on Rudy Giuliani. Both were personal envoys. And Vernon Waters served as a roving diplomat for Reagan. ...
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19 votes
2 answers
6k views

Why is Trump moving to Florida?

Donald Trump is moving to Florida. Doesn't he live in the White House in Washington DC? What does it mean that he is moving? Also, do we know why?
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Is there a national movement for a plural executive in the federal government?

In the United States, there has been a long standing movement for the unitary power of the executive branch. That is, there is a well known movement that purports: a "hierarchical, unified ...
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2 votes
0 answers
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How does Executive Privilege override the clear provision of statute at 5 U.S.C. App. §8H (c) on Whistle Blower Complaints?

With respect to the testimony of Acting Director of National Intelligence McGuire before the Permanent Select Committee on Intelligence, U.S. House of Representatives on September 26, 2019, that as a ...
4 votes
3 answers
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Conservatism and Executive Power

The Economist cites the philosopher and political theorist Michael Oakeshott to describe conservatism as "To be conservative... is to prefer the familiar to the unknown, to prefer the tried to the ...
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Why does the Federal Government of the United States not have a plural executive, like most of its states?

Background Many states such as Texas, Massachusetts, and Minnesota all elect members of the executive branch other than just the President. This leaves them accountable to the people and not just to ...
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Could Boris Johnson theoretically ignore any legislation passed to prevent no-deal brexit?

The UK Prime Minister, Boris Johnson, has clearly set out his position in that he wishes to leave the EU on 31st October with or without a deal. I.e if further negotiations with the EU do not result ...
3 votes
4 answers
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How does a government agency know if it is compromised?

The U.S. spies on other nations and in turn gets spied on. I don't think I need a citation to prove this. Every now and then, there are people who gain access to highly classified information and ...
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When I register for voting in Massachusets with a telephone number on the "Do Not Call" registry, do I have to check the "unlisted phone number" box?

Background In March 2003, the Do Not Call registry was signed into law by president George W. Bush. This law allowed the FTC to create a voluntary registry of phone numbers whereby some entities ...
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3 votes
1 answer
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Why did 1 US state introduce the line-item veto between 1984 and 2008?

On January 25, 1984 Ronald Reagan said Some 43 of our 50 States grant their Governors the right to veto individual items in appropriation bills without having to veto the entire bill. In 2008, 44 ...
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Aren't, in practice, the executive and legislative powers oftentimes nearly unified?

As far as I'm aware, according to the theory of separation of powers, which is considered one of the foundations of democracy, prescribes the three government powers: executive, legislative, judiciary ...
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Is the NBIB affected by the 2018-2019 government shutdown?

Background The National Background Investigation Bureau (NBIB) is a government agency within the United States Office of Personnel Management (OPM) and is important for people in the United States ...
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2 answers
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Does the US President have the legal authority to unilaterally close the country’s borders?

President Trump recently tweeted that he may close the country’s southern border if Congress does not appropriate the funds to build a border wall. ... We build a Wall or close the Southern Border ......
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0 answers
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Can Matthew Whitaker legally change the budget for the Special Counsel Investigation at a whim?

Background According to 28 CFR 600.8, the budget of a Special Counsel investigation is handled as follows: (a)Budget. (1) A Special Counsel shall be provided all appropriate resources by ...
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Do US federal agencies take a position on legislation?

Are there laws which prohibit or limit the ability of United States federal agencies (eg. SAMHSA) to take a public position in favor or against bills currently under consideration of the legislature? ...