Questions tagged [executive]
Questions about executive branches or executive functions of governments. Please use with the tag for the relevant country.
79
questions
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 ...
32
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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 ...
13
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5answers
1k 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 ...
13
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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 ...
8
votes
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
votes
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
votes
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 ...
6
votes
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
votes
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
votes
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" ...
5
votes
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
votes
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?
5
votes
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
votes
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 ...
5
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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
votes
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 ...
