A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.
A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act of the legislature, or a statute. Bills are introduced in the legislature and are discussed, debated and voted upon.
Clinton v. City of New York, 524 U.S. 417 (1998), is a legal case in which the Supreme Court of the United States ruled 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. The decision of the Court, in a six-to-three majority, was delivered by Justice John Paul Stevens.
Impoundment is an act by a President of the United States of not spending money that has been appropriated by the U.S. Congress. Thomas Jefferson was the first president to exercise the power of impoundment in 1801. The power was available to all presidents up to and including Richard Nixon, and was regarded as a power inherent to the office. The Congressional Budget and Impoundment Control Act of 1974 was passed in response to perceived abuse of the power under President Nixon. The Act removed that power, and Train v. City of New York, closed potential loopholes in the 1974 Act. The president's ability to indefinitely reject congressionally approved spending was thus removed.
A repeal is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law with an updated, amended, or otherwise related law, or a repeal without replacement so as to abolish its provisions altogether.
The Truth in Lending Act (TILA) of 1968 is a United States federal law designed to promote the informed use of consumer credit, by requiring disclosures about its terms and cost to standardize the manner in which costs associated with borrowing are calculated and disclosed.
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions, as well as the United States and the Philippines, primary legislation has both a short title and a long title.
In common law jurisdictions, a misrepresentation is a false or misleading statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well.
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract.
Voidable, in law, is a transaction or action that is valid but may be annulled by one of the parties to the transaction. Voidable is usually used in distinction to void ab initio and unenforceable.
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. Such motions, and the form they take are specified by the deliberate assembly and/or a pre-agreed volume detailing parliamentary procedure, such as Robert's Rules of Order, Newly Revised; The Standard Code of Parliamentary Procedure; or Lord Critine's The ABC of Chairmanship. Motions are used in conducting business in almost all legislative bodies worldwide, and are used in meetings of many church vestries, corporate boards, and fraternal organizations.
The Rescission Act of 1946 is a law of the United States reducing (rescinding) the amounts of certain funds already designated for specific government programs, much of it for the U.S. military, after World War II concluded and as American military and public works spending diminished.
Deferred Action for Childhood Arrivals, colloquially referred to as DACA, is a United States immigration policy that allows some individuals with unlawful presence in the United States after being brought to the country as children to receive a renewable two-year period of deferred action from deportation and become eligible for an employment authorization document in the U.S. To be eligible for the program, recipients cannot have felonies or serious misdemeanors on their records. Unlike the proposed DREAM Act, DACA does not provide a path to citizenship for recipients. The policy, an executive branch memorandum, was announced by President Barack Obama on June 15, 2012. U.S. Citizenship and Immigration Services (USCIS) began accepting applications for the program on August 15, 2012.
Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co., 463 U.S. 29 (1983), is a United States Supreme Court decision concerning regulations requiring passive restraints in cars. In it, the Court struck down an order by the National Highway Traffic Safety Administration rescinding regulations that required either airbags or automatic seat belts in new cars.
Jesinoski v. Countrywide Home Loans, Inc., 574 U.S. 259 (2015), was a United States Supreme Court case in which the Court held that the Truth in Lending Act does not require borrowers to file a lawsuit to rescind loans and that sending written notice is sufficient to effectuate rescission. Some commentators described Justice Antonin Scalia's unanimous majority opinion as "terse" and the "shortest opinion of the year". Other analysts have described Jesinoski as a "landmark case" in Truth in Lending Act jurisprudence.
Department of Homeland Security v. Regents of the University of California, 591 U.S. ___ (2020), was a United States Supreme Court case in which the Court held that a 2017 U.S. Department of Homeland Security (DHS) order to rescind the Deferred Action for Childhood Arrivals (DACA) immigration program was "arbitrary and capricious" under the Administrative Procedure Act (APA) and reversed the order.
A rescission bill is a type of bill in the United States that rescinds funding that was previously included in an appropriations bill. Rescission bills proposed by the President of the United States are considered under an expedited process that cannot be filibustered in the Senate, allowing it to pass with 51 votes instead of 60. The procedure was introduced in 1974 as a replacement for impoundment. It was widely used between its introduction and 2000, but then fell into disuse until 2018.
Wolf v. Vidal, 591 U.S. ___ (2020), was a case that was filed to challenge the Trump Administration's rescission of Deferred Action for Childhood Arrivals (DACA). Plaintiffs in the case are DACA recipients who argue that the rescission decision is unlawful under the Administrative Procedure Act and the Fifth Amendment. On February 13, 2018, Judge Garaufis in the Eastern District of New York addressed the question of whether the government offered a legally adequate reason for ending the DACA program. The court found that Defendants did not provide a legally adequate reason for ending the DACA program and that the decision to end DACA was arbitrary and capricious. Defendants have appealed the decision to the Second Circuit Court of Appeals.
