74

It's a good idea if you think the President should have much stronger powers than other branches, and that legislative compromise should be eliminated, as part of the system, altogether. As much as we hate the way legislation is bundled, it is, quite often the way to work compromise into the system. I don't vote for measure "A", but I want measure "B", ...


48

The main problem is getting the money from congress. The US executive has a budget plan which is made by Congress. This budget plan says how much money the President is allowed to spend for what purpose. Building a border fortification requires labor and material, and unless Trump can somehow find a way to get someone else to pay for it (good luck with that)...


42

Why have US Presidents not been given the power of line item vetoes They have. Congress passed the Line Item Veto Act of 1996, but it was declared unconstitutional by the Supreme Court in Clinton v. City of New York in 1998 at the request of Rudy Giuliani and others. To pass it in a constitutional fashion would require a constitutional amendment, and ...


41

Short Answer The president can give the Presidential Medal of Freedom to anybody at any time. The choice is entirely at his/her discretion. Medal of Freedom – Truman The link in your question leads to a description of the "Medal of Freedom", an award created by President Harry Truman in 1945, under Executive Order 9586. This is NOT the medal that ...


39

o.m. has made some nice points for how it could/should work out, but one answer that shouldn't be missing here is the following: Very often, they don't. The crux of a parlamentary system, which by its nature is very party-oriented, is that there is a lot of internal party-politics going, which results in cabinet positions often not being assigned based on ...


38

Do former US presidents have the right to receive daily CIA briefings? In Destiny and Power: The American Odyssey of George Herbert Walker Bush by Jon Meacham, published in 2015, there is a statement, Bush inhaled the daily CIA briefings sent to former presidents, ... There is reason to accept that former presidents have received daily CIA briefings, at ...


35

The appeals process is set out in part 4 of the Anti-Terrorism Act (2001), which amended the Proceeds of Crime (Money Laundering) Act and implemented the list. In simple terms, the process is that a listed group can apply to the Solicitor General for their removal. Their decision can then be challenged by the group in the form of a judicial review. After ...


34

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 anything that the President tells them to do? They ignore the president's will at their peril, because he can indeed dismiss them, apart from the vice ...


31

What does it mean that he is moving? He changed his permanent residence from Trump Tower in NYC to Mar-a-Lago in Florida, not actually moving. The change was made September 27th. Also, do we know why? For financial, political and legal reasons. The politics behind Trump's move to Florida are crystal clear, November 2, 2019. Trump has extremely good ...


27

When Barack Obama was getting ready to leave office, he changed the succession with executive order 13762. That EO replaced 13557 which had replaced 13481. That EO replaced "the President's Memorandum for the Attorney General of December 8, 2006 (Designation of Officers of the Department of Justice)." It doesn't explain why it switched from a presidential ...


22

The Act's constitutionality was challenged in 1947 in United Public Workers v. Mitchell, and again in 1973 in United States Civil Service Commission v. National Association of Letter Carriers. In both cases, the Supreme Court decided that although the restrictions imposed by the Act on the free speech of federal employees infringe on their first amendment ...


21

In most cases, cabinet officials are not picked at random from the members of parliament. One would pick a member of the relevant subcommittee, who should have experience with the policy issues of the department -- either by defending relevant legislation and budgets, or by criticizing them. At a certain point, the key skill for leaders is leadership. The ...


17

Judge Lamberth presided over quite a number of cases involving the Clinton administration, and often ruled against it - leading a presidential aide to call Lamberth a "loose cannon", and President Clinton to note that "he does seem to have somehow acquired a significant percentage of the cases involving the White House". These comments ...


14

There is a website for presidential transitions, which says: Inauguration Day marks the official end of the current Administration. In past transitions, the President has requested all non-termed political appointees to submit in advance a letter of resignation effective upon the swearing-in of the new President. On this day, agencies will begin on-...


14

The term "close the southern border" is quite broad and has many potential ramifications. Would such a directive apply to citizens? Legal residents? Commercial vehicles? Does he mean closing established ports of entry? Or, when he says "build a wall or close the southern border", does he actually mean the same thing? After all, building a border wall ...


13

Because they didn't record them. But looking at the question's edit history, you already knew that. These meetings are to generate agreement, consensus, or at least compromise. That isn't dependent on the process of getting there. If they can agree on a compromise today, they should be able to agree on the same compromise tomorrow. If they ...


13

See Wikipedia's entry on the Cabinet. The Cabinet consists of the Vice-President, the head of each department of the Executive branch, and assorted non-department-heads who hold cabinet-level positions. They are appointed by the President and confirmed by Congress, and for the most part can be fired by the President at will, but otherwise run their ...


12

The 25th amendment does not state "Secretary". It states "Principal Officers". That term is generic and has no Constitutional definition. Therefore, I would imagine that Acting Secretaries would count. However, this has never been tested by SCOTUS so there is no way to know for sure.


12

This would become a rather murky area, without precedents to go by. According to Article 50 (1), each country can decide to leave the EU in accordance with their own constitutional requirements. There is no serious doubt that the initial Article 50 declaration was in accordance with UK constitutional requirements, so the two-year clock is ticking. It was ...


12

Trying to answer the question from the viewpoint of a scientist, not a member of the administration, but I think the logic is similar, as it is about technical reports. The dense language in each report leaves people prone to misinterpreting the meaning of certain words. What you call dense language is actually technical language. It is necessary to have ...


11

Yes and no, but mostly No. 3 U.S.C. § 302 states The authority conferred by this chapter shall apply to any function vested in the President by law if such law does not affirmatively prohibit delegation of the performance of such function as herein provided for, or specifically designate the officer or officers to whom it may be delegated. This chapter ...


11

Those released by the United States as part of the Exchange between Iran and the United States are Nader Modanlo, Bahram Mechanic, Khosrow Afghahi, Tooraj Faridi, Arash Ghahreman, Nima Golestaneh and Ali Saboonchi. (NY Times) All of these prisoners had broken United States Law and not Iranian Law so, even if an extradition treaty between the US and Iran ...


11

My interpretation of this is that a senator, once elected for a six-year term, cannot be appointed to an Executive Branch office during that period, Your reading is correct. But that doesn't prevent Sessions, or any Senator for that matter, from resigning his/her seats before s/he takes on the new job. Which countless other politicians (e.g. Clinton and ...


11

For a trial to occur, a US Attorney needs to file a charging document with a court. The attorney in question can do that either on instructions from the Department of Justice or if he or she determines that the facts presented in the whatever report the organization compiled and published confirm that the crime has been commited. The trial would proceed in ...


10

The reason why the president has the authority to delay provisions such as the employer mandate is because the Affordable Care Act says he does. Or more specifically, it says that the Secretary of the treasury does, and the secretary of the treasury , being a member of the president's cabinet, is a proxy and advisor for the president. Here's a sample of ...


10

The position of U.S. Attorney General was established in 1789, while the U.S. Department of Justice was established in 1870, nearly a century later. For awhile after the ratification of the Constitution, the role of the Attorney General was to advise the executive and legislative branches (equally) on legal matters, not be the person in charge of the law's ...


10

As with any other question of this sort, there are only three avenues for overturning this type of decision: Political: Create public pressure through protests, media coverage, etc. to encourage the minister or his superiors to review and (hopefully) discard the action Legislative: Find or elect legislators who will pass new law removing the designation ...


10

No, the executive can not make "laws". But the executive can make "ordinances" on matters delegated to them by law. The 2016 demonetization of bank notes in India was made by such an ordinance. The "Specified Banknotes Ordinance, 2016". This ordinance cited article 123 of the Constitution Of India as the law which gives the ...


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