Related Research Articles
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.
A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 27 states, the legislature is simply called the Legislature or the State Legislature, while in 19 states the legislature is called the General Assembly. In Massachusetts and New Hampshire, the legislature is called the General Court, while North Dakota and Oregon designate the legislature the Legislative Assembly.
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto powers are also found at other levels of government, such as in state, provincial or local government, and in international bodies.
An Act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities, or to the general public. For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States, be left unsigned for ten days while Congress remains in session, or, if vetoed by the president, receive a congressional override from 2⁄3 of both houses.
The federal government of the United States is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, five major self-governing territories, several island possessions, and the federal district and national capital of Washington, D.C., where most of the federal government is based.
The War Powers Resolution is a federal law intended to check the U.S. president's power to commit the United States to an armed conflict without the consent of the U.S. Congress. The resolution was adopted in the form of a United States congressional joint resolution. It provides that the president can send the U.S. Armed Forces into action abroad only by declaration of war by Congress, "statutory authorization", or in case of "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces".
A pocket veto is a legislative maneuver that allows a president or other official with veto power to exercise that power over a bill by taking no action, thus effectively killing the bill without affirmatively vetoing it. This depends on the laws of each country; the common alternative is that if the president takes no action a bill automatically becomes law.
Clinton v. City of New York, 524 U.S. 417 (1998), was a landmark decision by the Supreme Court of the United States in which the Court held, 6–3, that the line-item veto, as granted in the Line Item Veto Act of 1996, violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. Justice John Paul Stevens wrote for the six-justice majority that the line-item veto gave the President power over legislation unintended by the Constitution, and was therefore an overstep in their duties.
Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983), was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.
A concurrent resolution is a resolution adopted by both houses of a bicameral legislature that lacks the force of law and does not require the approval of the chief executive (president). Concurrent resolutions are typically adopted to regulate the internal affairs of the legislature that adopted them, or for other purposes, if authority of law is not necessary.
The powers of the president of the United States include those explicitly granted by Article II of the United States Constitution as well as those granted by Acts of Congress, implied powers, and also a great deal of soft power that is attached to the presidency.
The government of Alabama is organized under the provisions of the 1901 Constitution of Alabama, the lengthiest constitution of any political entity in the world. Like other states within the United States, Alabama's government is divided into executive, judicial, and legislative branches. Also like any other state, these three branches serve a specific purpose in terms of power.
The Legislature of the State of Oklahoma is the state legislative branch of the U.S. state of Oklahoma. The Oklahoma House of Representatives and Oklahoma Senate are the two houses that make up the bicameral state legislature. There are 101 state representatives, each serving a two-year term, and 48 state senators, who serve four-year terms that are staggered so only half of the Oklahoma Senate districts are eligible in each election cycle. Legislators are elected directly by the people from single member districts of equal population. The Oklahoma Legislature meets annually in the Oklahoma State Capitol in Oklahoma City.
The Pocket Veto Case, 279 U.S. 655 (1929), was a 1929 United States Supreme Court decision that interpreted the US Constitution's provisions on the pocket veto.
The Saxbe fix, or salary rollback, is a mechanism by which the president of the United States, in appointing a current or former member of the United States Congress whose elected term has not yet expired, can avoid the restriction of the United States Constitution's Ineligibility Clause. That clause prohibits the president from appointing a current or former member of Congress to a civil office position that was created, or to a civil office position for which the pay or benefits were increased, during the term for which that member was elected until the term has expired. The rollback, first implemented by an Act of Congress in 1909, reverts the emoluments of the office to the amount they were when that member began his or her elected term.
Procedures of the United States Congress are established ways of doing legislative business. Congress has two-year terms with one session each year. There are rules and procedures, often complex, which guide how it converts ideas for legislation into laws.
The line-item veto, also called the partial veto, is a special form of veto power that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill. Many countries have different standards for invoking the line-item veto if it exists at all. Each country or state has its own particular requirement for overriding a line-item veto.
The Electoral Count Act of 1887 (ECA) (Pub. L. 49–90, 24 Stat. 373, later codified at Title 3, Chapter 1) is a United States federal law adding to procedures set out in the Constitution of the United States for the counting of electoral votes following a presidential election. The Act was enacted by Congress in 1887, ten years after the disputed 1876 presidential election, in which several states submitted competing slates of electors and a divided Congress was unable to resolve the deadlock for weeks. Close elections in 1880 and 1884 followed, and again raised the possibility that with no formally established counting procedure in place, partisans in Congress might use the counting process to force a desired result.
In the United States, the president can use the veto power to prevent a bill passed by the Congress from becoming law. Congress can override the veto by a two-thirds vote of both chambers.
References
- ↑ "Democrats say Bush can't pocket veto defense bill". The Hill. January 2, 2008. Retrieved July 31, 2012.
- ↑ Randall, Jaynie (2008). "Sundays Excepted" (PDF). Alabama Law Review. 59 (2): 507, 514–23. Retrieved June 5, 2009.
- ↑ Church of the Holy Trinity v. United States , 143 U.S. 457, 465 (1892)
- ↑ Church of the Holy Trinity, 143 U.S. at 470.
- ↑ "The Constitution of the United States of America: Analysis and Interpretation, Centennial Edition, Interim Edition: Analysis of Cases Decided by the Supreme Court of the United States to June 26, 2013" (PDF). Washington, D.C.: U.S. Government Printing Office. 2013. p. 989. Retrieved June 29, 2018.