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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2
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0answers
187 views

Could Obama have secretly pardoned Hillary? [duplicate]

We heard many news reports of many pardons Obama made. But is it possible Obama could have secretly made other pardons as well? For example, assume Obama pardoned, say, Hillary Clinton, for example: ...
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4answers
1k views

Who runs the USA when the presidents are switching?

I assume Obama wouldn't be responsible for anything that happened on the 20th January but neither Trump could be as he wouldn't have the chance to practically manage to take over the important ...
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5answers
964 views

Can the President put his assets in a blind trust managed by his family members?

Now that Donald Trump has been elected President, there has been a lot of discussion about the conflicts of interest that would arise from his company. There have been calls for him to put his assets ...
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0answers
818 views

Would Obama's viewing Trump's tax returns be seen as overstepping his authority?

26 U.S. Code § 6103(g)(1) says that the President can request tax return information from the IRS: Upon written request by the President, signed by him personally, the Secretary shall furnish to ...
2
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1answer
9k views

Cabinet, EOP, and White House Staff

What is the relationship (or lack thereof) between the president's Cabinet, various agencies in the Executive Office of the President, and the White House Staff? I know that (vaguely speaking), the ...
10
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1answer
190 views

When a U.S. administration decides to do a prisoner swap with another country, how does the US judicial system handle the request?

What are the mechanisms that are in play, for example in the recent swap of prisoners for the American citizens that were held in Iran? Is it a presidential pardon? Or is there some other ...
2
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2answers
190 views

Why do federal intelligence agencies need the Patriot Act to be allowed to share information with other agencies?

I thought I heard that, without some of the provisions in the Patriot Act, intelligence agencies would not be allowed to share information with other agencies. But the President is the head of the ...
4
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1answer
514 views

What are the President's responsibilities in executing judicial order?

In this interview with NewsMax, Republican presidential candidate Ben Carson was asked what he would do to preserve traditional marriage if the Supreme Court were to recognize marriage equality ...
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2answers
1k views

Does the President have the Constitutional authority to refuse to deport 3-5 million illegal immigrants?

Obama announced his executive order regarding immigration that he will be signing tomorrow. He stated: "So we’re going to offer the following deal: If you’ve been in America for more than five ...
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1answer
218 views

Are there clear rules of when the president can and cannot use executive action? [duplicate]

We have heard time and time again people in the United States arguing whether the president has the authority to take executive action on certain matters. Are there clear, cut and dry rules on when a ...
4
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1answer
218 views

Legal basis for President's immediate advisers immunity from Congressional compulsion to testify

Assistant Attorney General Karl Thompson was quoted saying in this article that they would Adhere to the executive branch's longstanding view that the president's immediate advisers have absolute ...
4
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1answer
72 views

Is the NJ goernor's executive order on pension reform permissible under the current legislation?

In 2011, NJ passed pension reform. The governor signed legislation that the state would make all its payments over the next couple of years. Now the governor of NJ is signing an executive order to ...
2
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2answers
403 views

What remedy exists for unconstitutional changes to ObamaCare by the executive branch?

In a breaking story, the Obama administration is making an exemption in the Affordable Care Act (aka ObamaCare) that "will let people who lost coverage and are struggling to get a new plan sign up for ...
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3answers
333 views

Why was the Healthcare.gov site development managed so badly?

The US Department of Healthcare and Human Services was ultimately responsible for managing the contract(s) that developed the federal healthcare exchange website, Healthcare.gov. As has been widely ...
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3answers
2k views

Under what executive authority does the President have to delay the employer mandate?

Obama was asked this question back in July, but seemed to sidestep it. NYT: People questioned your legal and constitutional authority to do that unilaterally -- to delay the employer mandate. Did you ...
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3answers
5k views

Are executive orders enforceable? How do they differ from legislated law?

From what I understand, the President can write executive orders telling people to do things. Wikipedia tells me that these executive orders "have the full force of law". If this is the case, why ...
8
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4answers
4k views

When can the US Executive Branch not enforce an existing law?

Two recent examples come to mind: Not enforcing the company mandate of the Affordable Care Act (a.k.a. Obamacare) Not enforcing existing immigration laws I'm sure there are other examples from ...
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2answers
125 views

Do the President and federal departments have the power to enact laws and set regulations without congressional approval?

During President Obama's State of the Union, he talked about how, if Congress didn't enact laws to help the environment, his administration would. He also did this with gun control. Does the POTUS ...
2
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0answers
711 views

What are some examples of “checks and balances” outside of the United States? [closed]

The three branches of the United States government (legislative, executive, and judicial) all participate in the governing process and in many cases can check the actions of another branch. Are there ...

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