Presentment Clause
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Presentment Clause
The Presentment Clause (Article I, Section 7, Clauses 2 and 3) of the United States Constitution outlines federal legislative procedure by which bills originating in Congress become federal law in the United States. Text The Presentment Clause, which is contained in Article I, Section 7, Clauses 2 and 3, provides: Summary * A bill must be passed in identical form by both the House of Representatives and the Senate. It is common practice for each House to pass its own version of a bill, and then to refer the two versions to a conference committee, which resolves disagreements between the two versions, and drafts a compromise bill; the compromise bill can then be voted upon and passed by both Houses in identical form. * After a bill passes both Houses, it must be presented to the President for his approval. ** If the President approves the bill and signs it, then the bill becomes law. ** If the President disapproves the bill and vetoes it, then he must return the bill, ...
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United States Bill Of Rights
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215). Largely because of the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by anti- ...
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United States Congressional Conference Committee
A conference committee is a joint committee of the United States Congress appointed by the House of Representatives and Senate to resolve disagreements on a particular bill. A conference committee is usually composed of senior members of the standing committees of each house that originally considered the legislation. The use of the conference committee process has steadily declined in recent decades. 67 conference reports were produced as recently as the 104th Congress (1995–96), falling to just three in the 113th Congress (2013–14). Going to conference Conference committees operate after the House and the Senate have passed different versions of a bill. Conference committees exist to draft a compromise bill that both houses can accept. Both houses of Congress must pass identical legislation in order for a bill to be presented to the President. The two houses can reach that point through the process of amendments between Houses, where the House passes the Senate bill wit ...
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Bicameralism
Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single group. , about 40% of world's national legislatures are bicameral, and about 60% are unicameral. Often, the members of the two chambers are elected or selected by different methods, which vary from jurisdiction to jurisdiction. This can often lead to the two chambers having very different compositions of members. Enactment of primary legislation often requires a concurrent majority—the approval of a majority of members in each of the chambers of the legislature. When this is the case, the legislature may be called an example of perfect bicameralism. However, in many parliamentary and semi-presidential systems, the house to which the executive is responsible (e.g. House of Commons of UK and National Assembly of France) can overrule the ...
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Immigration And Naturalization Service V
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and other short-term stays in a destination country do not fall under the definition of immigration or migration; seasonal labour immigration is sometimes included, however. As for economic effects, research suggests that migration is beneficial both to the receiving and sending countries. Research, with few exceptions, finds that immigration on average has positive economic effects on the native population, but is mixed as to whether low-skilled immigration adversely affects low-skilled natives. Studies show that the elimination of barriers to migration would have profound effects on world GDP, with estimates of gains ranging between 67 and 147 percent for the scenarios in which 37 to 53 percent of the developing countries' workers migrate ...
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Legislative Veto In The United States
The legislative veto was a feature of dozens of statutes enacted by the United States federal government between approximately 1930 and 1980, until held unconstitutional by the U.S. Supreme Court in 1983. It is a provision whereby Congress passes a statute granting authority to the President and reserving for itself the ability to override, through simple majority vote, individual actions taken by the President pursuant to that authority. It has also been widely used by state governments. Federal government The legislative veto was first developed in context of the delegation to the president to reorganize governmental agencies and was first authorized by the Legislative Appropriations Act in 1932. It was furthered by the necessities of providing for national security and foreign affairs immediately prior to and during World War II. While the scope of the nondelegation doctrine was greatly limited, Congress wished to provide a method of retaining power over delegated authority, ...
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Line-item Veto
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. Countries allowing line-item veto Brazil The President of Brazil has the power of the line-item veto over all legislation (art. 84 Federal Constitution of 1988: "The President of the Republic has the exclusive powers to: (...) V.veto bills, either in whole or in part"). Any provisions vetoed in such a manner are returned to the Brazilian congress and can be overridden by a vote (art. 66 of the Federal Constitution). An example of this came in August 2012, when Dilma Rousseff vetoed portions of a new forestry law which had been criticized as potentially causing another wave of defores ...
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Line Item Veto Act Of 1996
The Line Item Veto Act was a federal law of the United States that granted the President the power to line-item veto budget bills passed by Congress, but its effect was brief as the act was soon ruled unconstitutional by the Supreme Court in '' Clinton v. City of New York''. Legislative history The bill was introduced by Senator Bob Dole on January 4, 1995, cosponsored by Senator John McCain and 29 other senators. Related House Bills included , , , and . The bill was signed into law by President Bill Clinton on April 9, 1996. Judicial review ''Raines v. Byrd'' It was immediately challenged in the United States District Court for the District of Columbia by a group of six senators, first among whom was Senator Robert Byrd (D-WV), where it was declared unconstitutional by District Judge Harry Jackson, a Reagan appointee, on April 10, 1997. The case was subsequently remanded by the Supreme Court of the United States with instructions to dismiss on the grounds that the senat ...
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Constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on ...
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Clinton V
Clinton is an English toponymic surname, indicating one's ancestors came from English places called Glympton or Glinton.Hanks, P. & Hodges, F. ''A Dictionary of Surnames''. Oxford University Press, 1988 Clinton has frequently been used as a given name since the late 19th century. Baron Clinton is a title of peerage in England, originally created in 1298. Notable people with the name Clinton include: Family of Bill and Hillary Clinton * Roger Clinton Sr. (1908–1967), step-father of Bill Clinton * Virginia Clinton (1923–1994), mother of Bill Clinton * Roger Clinton Jr. (born 1956), maternal half-brother of Bill Clinton * Bill Clinton (born 1946), 42nd president of the United States * Hillary Clinton (born 1947), née Rodham, 67th U.S. secretary of state, U.S. senator from New York, 2016 Democratic presidential nominee, and wife of Bill Clinton * Chelsea Clinton (born 1980), daughter of Bill and Hillary Clinton Family of George Clinton * Charles Clinton (1690–1773), ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United State ...
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Pro Forma
The term ''pro forma'' (Latin for "as a matter of form" or "for the sake of form") is most often used to describe a practice or document that is provided as a courtesy or satisfies minimum requirements, conforms to a norm or doctrine, tends to be performed perfunctorily or is considered a formality. The term is used in legal and business fields to refer to various types of documents that are generated as a matter of course. Accounting The ''pro forma'' accounting is a statement of the company's financial activities while excluding "unusual and nonrecurring transactions" when stating how much money the company actually made. Examples of expenses often excluded from ''pro forma'' results are company restructuring costs, a decline in the value of the company's investments, or other accounting charges, such as adjusting the current balance sheet to fix faulty accounting practices in previous years. There was a boom in the reporting of ''pro forma'' results in the US starting ...
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Pocket Veto
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 (keeping it in their pocket), 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. Barbados Similarly to India, section 58 of the Constitution of Barbados, as amended by the Constitution Amendment Act 2021 (which transitioned the country from a Commonwealth realm to a parliamentary republic with its own head of state) states that the President shall declare his assent to a bill passed by Parliament or withhold his assent. However, much like in India, the Barbadian Constitution does not give a specific time frame for presidential action on a bill sent by the Parliament. Thus, by indefinitely postponing action on a bill, and not sending it back to Parliament, the president could ...
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