4 ms·

The President also has pardon powers for those convicted of violating District of Columbia laws and this order also applies to those convicted under DC simple p

by tssva 4y ago

The President also has pardon powers for those convicted of violating District of Columbia laws and this order also applies to those convicted under DC simple possession laws.

ericbarrett 4y ago
National parks across the country, too.
- jkaplowitz 4y ago
  That's an example of when federal laws apply, yes. (It's not a separate legal system subject to presidential authority.)
jkaplowitz 4y ago
DC laws are, constitutionally speaking, based on lawmaking authority delegated by Congress under their plenary power over territories and subject to any legislative modifications that Congress chooses to make directly from time to time, so it's effectively federal law.
- tssva 4y ago
  Congress does indeed delegate authority to the District of Columbia under the Home Rule Act of 1973; however, Congress's authority does not derive from their plenary power over territories because DC isn't a territory. Congress's authority over DC comes from Article I Section 8 Clause 17 of the Constitution. The local laws of DC including those forced upon DC by Congress are not however federal law and violations of DC laws are not a violation of federal law. If you violate DC law you are prosecuted in the Superior Court of DC which is part of the DC government. If you violate federal law in DC you are prosecuted in the United States District Court for the District of Columbia which is part of the federal court system.
  - jkaplowitz 4y ago
    > Congress does indeed delegate authority to the District of Columbia under the Home Rule Act of 1973; however, Congress's authority does not derive from their plenary power over territories because DC isn't a territory. Congress's authority over DC comes from Article I Section 8 Clause 17 of the Constitution. Good catch, thanks for the correction. > The local laws of DC including those forced upon DC by Congress are not however federal law and violations of DC laws are not a violation of federal law. If you violate DC law you are prosecuted in the Superior Court of DC which is part of the DC government. If you violate federal law in DC you are prosecuted in the United States District Court for the District of Columbia which is part of the federal court system. In terms of terminology used every day, you're right. But really, federal authority underlies both of those two legal and judicial systems. It wouldn't violate any separation of powers concern for Congress to amend the rules such that DC local law violations go straight to the US district court, unlike what would be true if DC were a state.

by tssva 4y ago

The President also has pardon powers for those convicted of violating District of Columbia laws and this order also applies to those convicted under DC simple possession laws.

ericbarrett 4y ago

National parks across the country, too.

jkaplowitz 4y ago
That's an example of when federal laws apply, yes. (It's not a separate legal system subject to presidential authority.)

jkaplowitz 4y ago

DC laws are, constitutionally speaking, based on lawmaking authority delegated by Congress under their plenary power over territories and subject to any legislative modifications that Congress chooses to make directly from time to time, so it's effectively federal law.

tssva 4y ago
Congress does indeed delegate authority to the District of Columbia under the Home Rule Act of 1973; however, Congress's authority does not derive from their plenary power over territories because DC isn't a territory. Congress's authority over DC comes from Article I Section 8 Clause 17 of the Constitution. The local laws of DC including those forced upon DC by Congress are not however federal law and violations of DC laws are not a violation of federal law. If you violate DC law you are prosecuted in the Superior Court of DC which is part of the DC government. If you violate federal law in DC you are prosecuted in the United States District Court for the District of Columbia which is part of the federal court system.
- jkaplowitz 4y ago
  > Congress does indeed delegate authority to the District of Columbia under the Home Rule Act of 1973; however, Congress's authority does not derive from their plenary power over territories because DC isn't a territory. Congress's authority over DC comes from Article I Section 8 Clause 17 of the Constitution. Good catch, thanks for the correction. > The local laws of DC including those forced upon DC by Congress are not however federal law and violations of DC laws are not a violation of federal law. If you violate DC law you are prosecuted in the Superior Court of DC which is part of the DC government. If you violate federal law in DC you are prosecuted in the United States District Court for the District of Columbia which is part of the federal court system. In terms of terminology used every day, you're right. But really, federal authority underlies both of those two legal and judicial systems. It wouldn't violate any separation of powers concern for Congress to amend the rules such that DC local law violations go straight to the US district court, unlike what would be true if DC were a state.