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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40
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4answers
8k views

Why is Jeff Sessions eligible to become Attorney General?

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the ...
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5answers
10k views

Why have US Presidents not been given the power of line item vetoes?

I have often wondered why there are so many bills that are massive and incredibly complex passed through the Legislative branch. Why are bills stacked together and mashed up with a variety sections ...
28
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1answer
6k views

Can the POTUS perform a mass-pardon for those who meet certain criteria?

Let's say a POTUS wanted to legalise weed, and after doing so wanted to then free all the prisoners he could who's only crime was using/having weed, being otherwise innocent. To do this, could the ...
26
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2answers
4k views

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 ...
25
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2answers
8k views

What kind of approval does Donald Trump need to build his wall?

Can the president order the construction of a wall in the southern border just by himself, such as with an executive order? What kind of approval does he need to initiate construction of such a wall?
25
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1answer
38k views

Do former US presidents have the right to receive daily CIA briefings?

In Michael Moore's 2004 film Fahrenheight 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 ...
22
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4answers
3k views

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 ...
22
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1answer
4k views

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 ...
20
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2answers
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?
19
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1answer
2k views

What was the rationale behind EO 13787 updating the DOJ Order of Succession?

In a March 31 Executive Order (13787), President Trump set the current Department of Justice (DOJ) order of succession, which, by my understanding, would determine who has authority over the Mueller ...
15
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2answers
2k views

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 ......
13
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2answers
995 views

If the VP were to invoke the 25th amendment to remove the President as unfit for office, would acting secretaries be able to consent?

The 25th Amendment says that the Vice-President, in conjunction with half of the fifteen executive department heads, can declare the President unfit to discharge his duties. Presently only two of the ...
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5answers
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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 ...
13
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2answers
1k views

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 ...
11
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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 ...
11
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1answer
200 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 ...
9
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0answers
838 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 ...
8
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3answers
426 views

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 ...
8
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2answers
1k views

Why did Imran Khan become the Prime Minister whereas Zardari became the President after winning elections?

I have a question about Pakistan politics. What determines a party president to be either a President of country or Prime Minister of country after winning elections? When Pakistan People Party (PPP)...
8
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1answer
524 views

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 ...
8
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2answers
865 views

What happens when someone from the DoJ is held in contempt of congress?

Background In the United States, when someone is held in contempt of congress, the cases tend to be referred to the DoJ (at least since 1935). However, in recent memory, there have been a couple ...
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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 ...
7
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1answer
872 views

Difference between Executive Orders and Presidential Memoranda

As seen on Wikipedia, Donald Trump seems to have signed only 1 executive order and 5 presidential memoranda, as opposed to all being executive orders. What's the difference between an executive order ...
7
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1answer
208 views

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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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 ...
6
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1answer
164 views

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 ...
6
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1answer
93 views

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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2answers
2k views

How does the President of the United States get a budget authorised?

The New York Times is reporting (in a balanced piece of a reporting) that Donald Trump may face resistance from the Speaker of the House, Paul Ryan, over his first budget proposal. How does a U.S ...
5
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2answers
416 views

What is the most Executive Orders signed by a US President in a single four year term?

What is the most Executive Orders signed by a US President in a single four year term and whom was it?
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3answers
810 views

Opposition members in cabinet

After the recent collapse of government and appointment of a new Premier in British Columbia, it was suggested by MLA Andrew Weaver that — as he was not a member of the governing party — he could not ...
5
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3answers
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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 ...
5
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3answers
135 views

where can I get a live feed or current site listing ALL executive orders including as they are presented and signed?

I think executive orders are a good indicator into the mind of a president and his administration. I wasn't able to see a sequential list, from newest to oldest. Where can I find this?
5
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1answer
257 views

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 ...
4
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3answers
270 views

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 ...
4
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1answer
849 views

What are education requirements for government positions in Germany?

Martin Schultz left high school without diploma after failing 11th grade twice, however many people consider him for chancellor office. Is it possible to have any nonelected position in the executive ...
4
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1answer
220 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
130 views

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?...
4
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1answer
522 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 ...
4
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1answer
230 views

Does the executive branch have its own form of contempt?

The Judicial Branch has Contempt of Court as described below: Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or discourteous toward a court of law ...
4
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1answer
73 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 ...
3
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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 ...
3
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2answers
1k views

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 ...
3
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1answer
296 views

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. ...
3
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4answers
361 views

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 ...
3
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1answer
200 views

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 ...
3
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1answer
267 views

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 ...
3
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1answer
157 views

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 ...
3
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1answer
920 views

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 ...
3
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1answer
403 views

Can the US President fire someone who works in the Justice Department?

Donald Trump complained on Twitter about someone who still works for the Justice Department. How the hell is Bruce Ohr still employed at the Justice Department? Disgraceful! Witch Hunt! Isn't the ...
2
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5answers
446 views

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 ...