"It's not an absolute veto, which is good," she said.
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It is unclear whether the pope would have an absolute veto in the process.
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Danforth said parents of minor, unwed girls cannot be given an absolute veto over abortions.
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But whatever its origin may be, the absolute veto was discontinued after Eastland's chairmanship, returning only when Sen.
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"Disenfranchised citizens must kowtow before a panel of high-level government officials over which Florida's governor has absolute veto authority," Walker wrote.
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Under Chairman Eastland, a negative or unreturned blue slip operated as an absolute veto, preventing a district or circuit court nominee from getting a hearing.
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"We would be remiss not to recognize that the Attorney General's absolute veto authority is entirely consistent with the statutory scheme of the FCA," the court said.
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The first option would be adhering to the Eastland/Leahy "absolute veto" rule by treating a negative/non-returned blue slip as a bar on the Committee's consideration of a nominee.
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As Agape's lawyers at Nexsen Pruet argued in their appellate brief, there's a bit of a split among the other circuits on whether the Justice Department has absolute veto power over FCA settlements.
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However, the Leahy "absolute veto" rule and, to a lesser extent, the Specter option depend on the goodwill of the minority party to prevent abuse and a resulting standstill in the nomination process.
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Based on the language and intention of the False Claims statute, as well as precedent from the 25th and 26th Circuits, the 53th Circuit ruled the Justice Department has absolute veto power over qui tam settlements.
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On June 4, the delegates debated the Council of Revision. Wilson and Alexander Hamilton of New York disagreed with the mixing of executive and judicial branches. They wanted the president to have an absolute veto to guarantee his independence from the legislative branch. Remembering how colonial governors used their veto to "extort money" from the legislature, Benjamin Franklin of Pennsylvania opposed giving the president an absolute veto.
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Nordby, 2006: p.10 Three views became distinct: some argued that the King had no veto at all, the middle ground was held by people who would allow a postponing veto, while the government and the King claimed an absolute veto. Allegedly, an absolute veto was in the "spirit" of 1814 and the separation of powers principle. Those who held the first view cited the principle of popular sovereignty.
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The president can also take no action indefinitely on a bill, sometimes referred to as a pocket veto. The president can refuse to assent, which constitutes an absolute veto.
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The President shall not withhold constitutional amendment bill duly passed by Parliament per Article 368. If the President gives his assent, the bill is published in The Gazette of India and becomes an act from the date of his assent. If he withholds his assent, the bill is dropped, which is known as absolute veto. The President can exercise absolute veto on aid and advice of the Council of Ministers per Article 111 and Article 74.
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While Charles John had the power of absolute veto in Sweden, he only had a suspensive veto in Norway. He demanded that the Storting give him the power of absolute veto, but was forced to back down. Charles John's difficult relationship with Norway was also demonstrated by the Storting's unwillingness to grant funds for the construction of a Royal Palace in the Norwegian capital Oslo. The construction began in 1825, but the Storting halted the funding after the costly foundation was laid and demanded that the appointed architect, Hans Linstow, construct a simpler palace.
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The Council of Ministers was charged with conducting preliminary discussions of all laws, and not a single law could enter into force without its approval. At the same time, the Supreme Ruler had the right to "absolute veto".
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The Constitution explicitly stated that the king had a veto three times in law and budget matters, but there was no mention of any kind of veto concerning constitutional matters. This omission gave way to three possibilities: # The king had no veto at all # The king had an absolute veto # The king had the same veto rights as in all other matters The opposition which made up a vast majority, had practically rejected the first possibility and decided upon the third, whereas the Council and the minority of the Storting was certain of the king's absolute veto.
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227–28, Oslo The increasing democratization of Norway would in time tend to drive the political systems of Norway and Sweden farther apart, complicate the cooperation between the two countries, and ultimately lead to the dissolution of the union between Norway and Sweden. For instance, while the king had the power of absolute veto in Sweden, he only had a suspending veto in Norway. Charles John demanded that the Storting grant him an absolute veto, but was forced to back down. While the constitution vested executive power in the King, in practice it came increasingly to rest in his Council of State (statsråd).
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The monarch did not have the right to grant pardons. Several other features would be mirrored in later constitutions. The monarch would not have an absolute veto. Any law vetoed by the king was sent back to the Assembly, which could approve it with a simple majority.
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For instance, the monarch of the United Kingdom can theoretically exercise an absolute veto over legislation by withholding royal assent. However, no monarch has done so since 1708, and it is widely believed that this and many of the monarch's other political powers are lapsed powers. There are currently 43 monarchies worldwide.
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The people would choose electors who would elect the members of a Senate who served for life. Electors would also choose a single executive called the governor who would also serve for life. The governor would have an absolute veto over bills. There would also be a national judiciary whose members would serve for life.
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Importing republicanism was seen as an attempt to emulate the French and Americans directly, something the lawmakers at Eidsvoll sought to avoid. The choice of monarchy as state form would also facilitate reunification of Denmark-Norway, something the Crown Prince was not alone in seeking. The king's power was however severely curtailed. His absolute veto over laws was removed.
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The governor had the power of absolute veto and could prorogue (i.e., delay) and dissolve the assembly. The assembly's role was to make all local laws and ordinances, ensuring that they were not inconsistent with the laws of Britain. In practice, this did not always occur, since many of the provincial assemblies sought to expand their powers and limit those of the governor and crown.
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The Einspruch has to be passed with active "no" votes, so that abstentions count as votes against the veto, i.e. to let the law pass. If the absolute veto is used, the Bundesrat, the Bundestag, or the government can convene a joint committee to negotiate a compromise. That compromise cannot be amended and both chambers (Bundesrat and Bundestag) are required to hold a final vote on the compromise as is.
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According to Penikett, the accord violated the rights of Yukon residents by granting to each existing province an absolute veto over the creation of a new province, as well as by giving provinces, but not territories, consultation rights on the appointment of new Senators and new Supreme Court justices,"Yukon leader pledges fight over accord". The Globe and Mail, July 17, 1987. and would condemn northerners to "forever be second-class citizens".
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The Bundesrat has increased its legislative responsibilities over time by successfully arguing for a broad, rather than a narrow, interpretation of what constitutes the range of legislation affecting Land interests. In 1949, only 10 percent of all federal laws, namely, those directly affecting the Länder, required Bundesrat approval. In 1993 close to 60 percent of federal legislation required the Bundesrat's assent. The Basic Law also provides the Bundesrat with an absolute veto of such legislation.
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Charles XIV John (Charles III John in Norway). Portrait by Fredric Westin After the accession of Charles John in 1818, he tried to bring the two countries closer together and to strengthen the executive power. These efforts were mostly resisted by the Norwegian Storting. In 1821, the king proposed constitutional amendments that would give him absolute veto, widened authority over his ministers, the right to rule by decree, and extended control over the Storting.
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However, in the ensuing struggle between liberal and conservative politicians, where the liberals tried to gain control of the Lagting and henceforth the High Court of the Realm, Smitt was perceived as not radical enough. He believed that the King (the executive branch of government) should have an absolute veto in constitutional cases. He was "swept" out of politics, notes the Norsk biografisk leksikon. In 1885 Smitt applied for the post as Bishop of the Diocese of Kristiansand.
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Oxenstierna was appointed League Director, with an absolute veto over military affairs; he was supported by a council of ten advisors, three of whom were Swedes, the others being long-time supporters like Count Solms-Hohensolms. The members agreed to fund an army of 78,000, although in reality they provided less than a third of the money needed; the Germans agreed to continue fighting until Sweden obtained 'just compensation', while Oxenstierna promised to ensure a return to pre-1618 borders.
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The members of the National General People's Congress elected the members of the National General People's Committee (the Cabinet) by acclamation at their annual meeting. While there was discussion regarding who would run for executive offices, only those approved by the revolutionary leadership were actually elected. The government administration was effective as long as it operated within the directives of the revolutionary leadership. The revolutionary leadership had absolute veto power despite the constitutionally established people's democracy and alleged rule of the people.
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The main controversies early on surrounded the issues of what level of power to be granted to the king of France (i.e.: veto, suspensive or absolute) and what form would the legislature take (i.e.: unicameral or bicameral). The Constitutional Committee proposed a bicameral legislature, but the motion was defeated 10 September 1789 (849–89) in favor of one house; the next day, they proposed an absolute veto, but were again defeated (673–325) in favor of a suspensive veto, which could be over-ridden by three consecutive legislatures.
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All bills had to receive the signature of the president to become law and, although he did not have an absolute veto on legislation, he could insist that a law be submitted for the approval of voters in a referendum. The president also had authority to dissolve the Reichstag, conduct foreign affairs, and command the armed forces. Article 48 of the constitution also provided the president sweeping powers in the event of a crisis. If there was a threat to "public order and security" he could legislate by decree and suspend civil rights.
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The territory's pro-statehood faction preferred to elect their own state officials instead of having the federal government appoint individuals on their behalf, formulate state laws, discontinue the appointed territorial governor's absolute veto power, and allow its citizens to have greater participation in national politics, including voting powers in Congress.Barnhart and Riker, p. 439. At the time the delegates were gathering at Corydon in June 1816, slavery had become a major and divisive issue in the territory. The indenture law of 1805 had been repealed, but slavery continued to exist within Indiana.
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Clermont-Tonnerre desired to model the new constitution of France on the organic laws of England. He served on the first incarnation (established 17 July 1789) of the eight-member Constitutional Committee. When the National Assembly rejected its proposals for a bicameral legislature and an absolute veto for the Crown (10–11 September 1789), he resigned along with five fellow conservatives (including Jean Joseph Mounier). For the remainder of his tenure in the National Assembly he attached himself to the party of moderate Royalists, known as monarchi gens, led by Pierre Victor, baron Malouet.
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The National Assembly (, or ; Slovene abbreviation DZ), is the general representative body of Slovenia. According to the Constitution of Slovenia and the Constitutional Court of Slovenia, it is the major part of the distinctively incompletely bicameral Slovenian Parliament, the legislative branch of the Republic of Slovenia. It has 90 members, elected for a four-year term. 88 members are elected using the party-list proportional representation system and the remaining two, using the Borda count, by the Hungarian and Italian-speaking ethnic minorities, who have an absolute veto in matters concerning their ethnic groups.
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The political power of the absolute veto is particularly evident when the opposition party or parties in the Bundestag have a majority in the Bundesrat, which was the case almost constantly between 1991 and 2005. Whenever this happens, the opposition can threaten the government's legislative program. Such a division of authority can complicate the process of governing when the major parties disagree, and, unlike the Bundestag, the Bundesrat cannot be dissolved under any circumstances. Such stalemates are not unlike those that may be experienced under cohabitation in other countries.
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While the Duma held the power of legislation and the right to question the Tsar's ministers, it did not have control over their appointment or dismissal, which was reserved to the monarch alone. Nor could it alter the constitution, save upon the emperor's initiative. The Tsar retained an absolute veto over legislation, as well as the right to dismiss the Duma at any time, for any reason he found suitable. The emperor also had the right to issue decrees during the Duma's absence--though these lost their validity if not approved by the new parliament within two months.
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Before this date, the fundamental laws of Russia described the power of the Emperor as "autocratic and unlimited". After October 1905, while the imperial style was still "Emperor and Autocrat of All the Russias", the fundamental laws were remodeled by removing the word unlimited. While the emperor retained many of his old prerogatives, including an absolute veto over all legislation, he equally agreed to the establishment of an elected parliament, without whose consent no laws were to be enacted in Russia. Not that the regime in Russia had become in any true sense constitutional, far less parliamentary.
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On 17 October 1905, the situation changed: the ruler voluntarily limited his legislative power by decreeing that no measure was to become law without the consent of the Imperial Duma, a freely elected national assembly established by the Organic Law issued on 28 April 1906. However, he retained the right to disband the newly established Duma, and he exercised this right more than once. He also retained an absolute veto over all legislation, and only he could initiate any changes to the Organic Law itself. His ministers were responsible solely to him, and not to the Duma or any other authority, which could question but not remove them.
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Such is the theory; in practice Royal Assent has become a formality, the monarch has not refused (or threatened to refuse) assent to a bill for some 300 years (Queen Anne in 1708). Further, since 1911, the House of Lords has lost its position of equality with the Commons. The Parliament Acts of 1911 and 1949 reduced the power of the Lords from an absolute veto to a suspensive veto. Once the same bill has been passed by the Commons and rejected by the Lords in two different sessions of Parliament, a third introduction of the bill will require only the consent of the Commons.
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Every single member of the Polish parliament during the 17th and 18th century had an absolute veto (); as a result, legislation could only be passed unanimously. Originally, the procedure was used for technical issues such as points of order, but as diverging interests discovered they could disrupt their opponents' agendas singlehandedly, the process came to be abused. Today, the expression is mostly used to describe an assembly that is too easy for minorities or individuals to disrupt and/or has too many parties present for meaningful and orderly debate and decision-making to take place. The expression is found in several European languages, including all Scandinavian languages.
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JSTOR (11, February 2010). Elected to the special committee on the constitution, he opposed the right of "absolute veto" for the King of France, which Honoré Mirabeau unsuccessfully supported. He had considerable influence on the framing of the departmental system, but, after the spring of 1790, he was eclipsed by other politicians, and was elected only once to the post of fortnightly president of the Constituent Assembly. Like all other members of the Constituent Assembly, he was excluded from the Legislative Assembly by the ordinance, initially proposed by Maximilien Robespierre, that decreed that none of its members should be eligible for the next legislature.
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But, such a law can be repealed or altered or re-enacted by the state legislature. 4\. Centre's Control Over State Legislation Besides the Parliament's power to legislate directly on the state subjects under the exceptional situations, the Constitution empowers the Centre to exercise control over the state's legislative matters in the following ways: (i) The governor can reserve certain types of bills passed by the state legislature for the consideration of the President. The president enjoys absolute veto over them. (ii) Bills on certain matters enumerated in the State List can be introduced in the state legislature only with the previous sanction of the president.
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Ernest Armstrong, who promoted the 1925 reforms. With the Assembly seemingly unable to abolish the Legislative Council without its permission, it eventually came to consider reforming the Council as a next-best alternative. The first serious reform proposal was considered in 1916, when the Assembly passed a reform bill based on the Imperial Parliament Act 1911, which limited the veto of the House of Lords. The bill would have changed the Council's absolute veto to a suspensory veto; if the Assembly passed a bill in three successive legislative sessions over two years, the bill would go into effect notwithstanding the lack of the Council's consent.
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In 1983, the government decided to select a site for permanent repository by 2010. With four nuclear reactors providing 29% of its electricity, Finland in 1987 enacted a Nuclear Energy Act making the producers of radioactive waste responsible for its disposal, subject to requirements of its Radiation and Nuclear Safety Authority and an absolute veto given to local governments in which a proposed repository would be located. Producers of nuclear waste organized the company Posiva, with responsibility for site selection, construction and operation of a permanent repository. A 1994 amendment to the Act required final disposal of spent fuel in Finland, prohibiting the import or export of radioactive waste.
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President Pehr Evind Svinhufvud giving a radio speech in honour of the 10th anniversary of the Finnish Broadcasting Company in 1936. On the other hand, when a right-wing Conservative member of Parliament, Edwin Linkomies, proposed in 1934 that Finland abandon parliamentarism in favour of a government led by the President and that the President be given an absolute veto power over the laws passed by the Parliament, Svinhufvud opposed his ideas. In Svinhufvud's opinion, the Finnish President had enough power to lead the country, provided that the President had a strong personality. He believed it to be better for Finland if the Social Democrats could be kept outside of the Cabinet.
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Lucas was often at odds with the territorial legislature, his liberal use of absolute veto power and his condescending rebukes of legislators often made him the target of acrimonious exchanges. Conway complained to Van Buren that Lucas committed "vexatious, ungraceful, petulant, ill-natured and dogmatic interferences" with the legislature.Petersen 1952a:317–318 Van Buren and the U. S. Congress responded by limiting the territorial governor’s veto power and his ability to make appointments. Lucas served for only a few years as territorial governor, from 1838–1841, and spent those years mostly in Burlington, Iowa and Muscatine, Iowa (then called Bloomington), as there were only provisional accommodations in Iowa City for the territorial legislature.
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During the second, or semi- legislative phase of government, the territory's adult males who owned at least fifty acres of land elected representatives to the lower house of the territorial legislature. In addition, the Congress, and later, the president with congressional approval, appointed five adult males who owned at least five hundred acres of land to the upper house of the territorial legislature from a list of ten candidates that the lower house submitted for consideration. In the semi-legislative phase of government, the upper and lower houses could legislate for the territory, but the territorial governor retained absolute veto power. When the territory reached a population of 60,000 free inhabitants, it entered the final phase that included its successful petition to Congress for statehood.
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Constitutional changes require an approval with majority of two thirds of all votes in Bundestag and Bundesrat, thus giving the Bundesrat an absolute veto against constitutional change. Against all other legislation the Bundesrat has a suspensive veto (Einspruch), which can be overridden by passing the law again, but this time with 50% plus one vote of all Bundestag members, not just by majority of votes cast, which is frequent in daily parliamentary business. Because most legislation is passed by a coalition that has such an absolute majority in the Bundestag, this kind of suspensive veto rarely stops legislation. As an added provision, however, a law vetoed with a majority of two thirds must be passed again with a majority of two thirds in the Bundestag.
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The constitution weakened the powers of the head of state by canceling his absolute veto. The reason for this move, according to Najibullah, was the need for real-power sharing. On 13 July 1987 the official name of Afghanistan was changed from the Democratic Republic of Afghanistan to Republic of Afghanistan, and in June 1988 the Revolutionary Council, whose members were elected by the party leadership, was replaced by a National Assembly, an organ in which members were to be elected by the people. The PDPA's socialist stance was denied even more than previously, in 1989 the Minister of Higher Education began to work on the "de-Sovietisation" of universities, and in 1990 it was even announced by a party member that all PDPA members were Muslims and that the party had abandoned Marxism.
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The Soviet delegation argued that each nation should have an absolute veto that could block matters from even being discussed, while the British argued that nations should not be able to veto resolutions on disputes to which they were a party. At the Yalta Conference of February 1945, the American, British, and Russian delegations agreed that each of the "Big Five" could veto any action by the council, but not procedural resolutions, meaning that the permanent members could not prevent debate on a resolution. On 25 April 1945, the UN Conference on International Organization began in San Francisco, attended by 50 governments and a number of non- governmental organizations involved in drafting the United Nations Charter. At the conference, H. V. Evatt of the Australian delegation pushed to further restrict the veto power of Security Council permanent members.
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