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Senate Bills question

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LeviS

Junior Member
Hello, everyone! I'm new around here, but I'm very happy to have found these forums. I'm a new legal assistant (4 yrs in the works and loving it!) but I often have odd questions. Would anyone be able to clarify for me whether or not a bill can be passed without voter approval? Say, something as important as giving a president absolute power?

Thanks in advance!
~Levi.What is the name of your state (only U.S. law)?
 


racer72

Senior Member
Our federal congress does not and cannot require the vote of the people on any bills. Each state varies and you decided to not answer that question.
 

Mass_Shyster

Senior Member
Say, something as important as giving a president absolute power?
The legislature could give the President absolute power, but the Supreme Court would quickly take it away.

See Clinton v. City of New York, 524 U.S. 417 (1998) where the Supreme Court took away the line item veto from President Clinton because it was unconstitutional.
 

LeviS

Junior Member
Thanks

Thank you guys. Stevef, doubly thanks for the reference! I was actually asking because of S 679, the "Presidential Appointment Efficiency and Streamlining Act," which seeks to give Obama the sole power to appoint people to positions of his choosing within our government (which will effectively invalidate Article II, Section 2 of the Constitution [Appointments Clause]). I was reading the actual bill (which seeks to be enacted by Congress) and it's kind of scary.
 

Stephen1

Member
I looked at the bill. Several members of the Senate want to allow the President to appoint certain lower officials w/o going to Congress for their advice and consent. This is allowed by Article II, Section 2 of the Constitution which states (in part) "the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."

BTW, did you know that the promotion of all military officers has to go to Congress? While I see some appropriateness for this with senior officers (admirals, generals, maybe colonels/captains) we used to joke about the 1st Lieutenants/Lieutenants (Junior Grade) whose names were sent to Congress. What would you have had to do to have the military want to promote you but have Congress know who you were and not want you promoted? I figured it would have had something to do with a Congressman's daughter.
 

mlane58

Senior Member
I looked at the bill. Several members of the Senate want to allow the President to appoint certain lower officials w/o going to Congress for their advice and consent. This is allowed by Article II, Section 2 of the Constitution which states (in part) "the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments."

BTW, did you know that the promotion of all military officers has to go to Congress? While I see some appropriateness for this with senior officers (admirals, generals, maybe colonels/captains) we used to joke about the 1st Lieutenants/Lieutenants (Junior Grade) whose names were sent to Congress. What would you have had to do to have the military want to promote you but have Congress know who you were and not want you promoted? I figured it would have had something to do with a Congressman's daughter.
That is incorrect that all military officers have to go through Congress. Only the promotion of 0-6 (Colonels) and above do.
 
Hello, everyone! I'm new around here, but I'm very happy to have found these forums. I'm a new legal assistant (4 yrs in the works and loving it!) but I often have odd questions. Would anyone be able to clarify for me whether or not a bill can be passed without voter approval? Say, something as important as giving a president absolute power?

Thanks in advance!
~Levi.What is the name of your state (only U.S. law)?
Like the health care bill where they'll have to pass it to see whats in it? LOL
 

Dillon

Senior Member
Thank you guys. Stevef, doubly thanks for the reference! I was actually asking because of S 679, the "Presidential Appointment Efficiency and Streamlining Act," which seeks to give Obama the sole power to appoint people to positions of his choosing within our government (which will effectively invalidate Article II, Section 2 of the Constitution [Appointments Clause]). I was reading the actual bill (which seeks to be enacted by Congress) and it's kind of scary.
delegated powers cant be re-delegated, only the people can delegate powers thru the constitutional admendment process, spelled out in the US constitution. there is also the seperation of powers issue in this act.

you may want to ask your representive, where in the US constitution was congress delegated the specific power by the People to re-delegate their powers to other branches of government?
 
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