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How are federal laws repealed?

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pm

Elite Member Mobile Devices
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First, I don't mean this as a partisan question. It's more of an academic one that I haven't been able to figure out. In the US how is a federal law repealed?

I've spent a while studying it and it seems like there's two ways to repeal a law - one is called an express repeal where the law is just straight up repealed, and an implied repeal where you pass a new law which has the completely opposite effect of the original law and the new one is used instead of the older one.

So, I understand how an implied appeal would actually work - you'd need to pass a new law and I understand from an academic viewpoint how laws are made. But I don't understand the process behind an express appeal, like how it would specifically work (like for an example, like a member in congress proposes a repeal and then half vote and then it's sent to the senate, etc.). I searched google, I searched the constitution, and I spent a while reading law documents and I found a lot about how the British do express repeals, but not at all about how the US does it.

Can anyone explain the process to me and save me another hour googling?

Thanks
 

Fern

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Sep 30, 2003
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Law is often "repealed" in the area of taxation.

They do it passing a new bill/law, the language will say that it is "amending" prior law (insert number) and in the text you will often see the word "repealed".

I'll look for some examples and post back. Edit: section 2052 of the Internal Revenue Code (regarding estate tax):

(Sec. 2052. Repealed. Pub. L. 94-455, title XX, Sec. 2001(a)(4), Oct. 4, 1976, 90 Stat. 1848)
That's^ the actual language in the current tax law. This change was made in 1976 and it will read like this until they decide to 're-use' section 2052.

In tax law I've never seen an "implied repeal", at least I can't remember any case of it. They always expressly write that the prior law is repealed.

Fern
 
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tk149

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Apr 3, 2002
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/rant
I typed up a long explanation, then IE got stuck loading a fvcking webpage and I finally had to use task manager to end the process. Why the fvck does IE allow webpages to take control like this?
/end rant

Repeals are passed just like any other law.

Example:
Law X exists.
Congress and the President pass Law Y.
Law Y says "section 2 of Law X is repealed."
Law Y typically also includes something that replaces Law X's section 2.

I have no idea what this law is about, but here's an example.
http://frwebgate3.access.gpo.gov/cgi-bin/TEXTgate.cgi?WAISdocID=OqhF99/12/1/0&WAISaction=retrieve

Excerpt
SEC. 10. CONFORMING AMENDMENTS.

(a) Section 256(a) of BBEDCA <<NOTE: Repeal.>> is repealed.

(b) Section 256(b) of BBEDCA is amended by striking ``origination
fees under sections 438(c)(2) and 455(c) of that Act shall each be
increased by 0.50 percentage point.'' and inserting in lieu thereof
``origination fees under sections 438(c)(2) and (6) and 455(c) and loan
processing and issuance fees under section 428(f)(1)(A)(ii) of that Act
shall each be increased by the uniform percentage specified in that
sequestration order, and, for student loans originated during
EDIT: Note that administrative agencies (e.g. FDA, DOT) do the same for their own regulations.
 
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her209

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Oct 11, 2000
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I would think that Congress just has to pass the law which repeals the previous law or parts of it and have the President sign it into law or override a Presidential veto if there is one.
 

pm

Elite Member Mobile Devices
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Ok, this makes sense. I understand now.

Thanks everyone for your replies - particularly for taking the trouble to post up actual text. Your google skills are clearly better than mine. :)
 
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