Questions tagged [president]

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-1
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1answer
89 views

Can POTUS make FDA approve a drug (such as hydroxychloroquine), or make it available over the counter?

President Trump is known to have taken hydroxychloroquine (HCQ) as a prophylactic against COVID-19. Some prominent medical scientists also came out in support of HCQ for outpatients (as opposed to ...
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1answer
67 views

If the US Supreme Court were to hold a US President in contempt, what could happen next?

What happens if the President defies a Supreme Court decision? Can he be found to be in contempt? What happens then? What enforcement actions can be taken, and who can take them? I am asking because ...
29
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3answers
10k views

If the President's power to grant pardons is absolute, could he face any consequences?

Does the Presidential power to pardon include the power to avoid any consequences? Consider this hypothetical situation: An extremely rich individual (a US citizen) gets involved in a sordid love ...
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3answers
194 views

Can Trump become the 46th president [closed]

Donald Trump is currently the 45th president of the United States. If he is re-elected in November his "number" will not change. If he loses, runs again in 2024 and wins that election, he ...
3
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1answer
90 views

What are the implications of the new executive order regarding social media?

As I understand it, Trump is planning to issue an executive order that claims some social media platforms are violating the Communication Decency Act Section 230 by not acting in good faith, and as a ...
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2answers
97 views

Can Michigan's attorney general take legal action against Trump for not wearing a mask?

I read from a CNBC news article how Michigan’s attorney general said Trump has a “legal responsibility,” under state law, to wear a mask as a precaution when visiting factories. Trump refuses to wear ...
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1answer
27 views

Can the Defense Production Act grant immunity to civil liability?

Trump has said that he's going to give liability protections to meat processing plants in case employees catch COVID-19 at work. The executive order itself is here. Cited in the order is the Defense ...
1
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1answer
72 views

Can the US President and Senate redefine the calendar year to extend the presidential term?

I was recently watching a video about what would happen if the US president tried to cancel or postpone the election. From what I gather, the 20th amendment ensures that his term will end on January ...
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1answer
64 views

Is There A Loophole to Term Limits Through VP Succession?

Suppose Fred is a popular politician, and Fred's Party wants him to be president for more than two terms. Why couldn't Fred's Party do the following? Party nominates (Random Stooge) as their ...
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2answers
1k views

What ever happened to the Nixon Pocket veto case?

What ever happened to the Nixon Pocket veto case? This is the case where members of congress sued over President Nixon's recess veto of a spending bill.
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1answer
69 views

Can the President of the United States legally discredit or promote mass media organizations?

Whereas freedom of the press and freedom of speech are both inalienable rights in our country, the same might not be said of every citizen--particularly members of the military per 10 U.S. Code § 888: ...
2
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1answer
119 views

In the show “Designated Survivor,” all Congressman but 1 are killed, and the President desperately wants to nominate a new Congress. Why?

Why is it so important to the excecutive branch that there is a full Congress? Can action not be taken by the sole remaining Congressman, or is the problem that this Congressman would have way too ...
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2answers
236 views

Can a U.S. President undo an act of clemency or a pardon of his predecessor?

Can the next U.S. President undo the current President's pardons?
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1answer
108 views

Does impeachment conviction necessarily imply removal from office?

The relevant bits of Article 1 Section 3 state that: Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of ...
3
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1answer
49 views

Which powers can the President delegate to other officers or employees of the Executive Branch?

The President is the head of the Executive Branch of the United States Government. As the head of the branch a lot of things are formally done by the President, but in actuality many tasks are ...
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0answers
29 views

What happens if a regular lawsuit procedure hits presidential immunity?

Scenario: A sitting president of the U.S. sues somebody for something (what doesn't really matter). The defendant makes a motion for a subpoena/deposition/whatever. The President objects on grounds ...
5
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5answers
430 views

Can the US Senate disqualify a former President?

In summary, the answer to "Can a US President, after impeachment and removal, be re-elected or re-appointed?" was "Yes, unless the Senate votes by simple majority to add the penalty of ...
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3answers
165 views

Can Congress, or any other body, subpoena the President's tax records?

President Trump's tax records, and the question of whether Congress can access them, have been on the news for years. In all this time, I've never heard any analyst debate whether or not a president ...
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0answers
29 views

Can the sitting president do trade in the stock exchange?

Is there anything that prohibits a sitting president of being active in the stock exchange market while on office? If not, are there any know precedents for it?
3
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1answer
373 views

Can The President Of The US Pardon Everyone?

Can The President Of The United States Pardon everyone, for example lets say a criminal organisation is commiting crimes, after awhile they get raided by the police,everyone gets arrested and ...
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3answers
124 views

Is the US Constitution binding for the US President?

I understand that the President of the United States has some immunity against the law. This makes sense to protect the president from interference and allows for flexibility. To a European cursory ...
4
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2answers
170 views

Annexation and becoming US president

Imagine I was born in country X at xxxx. At xxxx+20 years country X is annexed to the United States. (Freely or forcefully) At xxxx+40 years I am elected to be the next president of the United States. ...
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3answers
15k views

Can a US President, after impeachment and removal, be re-elected or re-appointed?

This answer in its present form states If Donald Trump were impeached and blocked from running again (which is one of the things that impeachment can do, disqualify from office)... Is that true? ...
4
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1answer
204 views

Transfer of US Presidential power when both the President and the Vice President are incapacitated

According to Article II, section 1, clause 6 of the US Constitution, in the case of death, removal, resignation, or inability to discharge the powers of the office, both of the President and the Vice ...
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4answers
10k views

How can the US president give an order to a civilian?

I remember reading that the US president can give an order to a civilian via some special letter. (The example given involved an IT company employee ordered to install a back-door in the company's ...
2
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1answer
158 views

Can people get in trouble for investigating or charging the president?

Not word for word and please correct me. Is there a law like this? If so: Should any criminal investigation or legal action, investigation even a phone call that takes time from the president in ...
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3answers
3k views

How are presidential pardons supposed to be used?

When and how are pardons supposed to be used? Why does the Constitution even grant the president the power to pardon? Can it be used to pardon any crime? On the surface, it seems to make the ...
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2answers
2k views

Is there a gap in the office of Speaker of the House?

In the current Congressional elections, the control of the House of Representatives is changing from one party to another, and the current Speaker did not run for re-election. In this situation, is ...
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2answers
448 views

Is the Acting Attorney General in the Presidential Line of Succession?

The Attorney-General is seventh in the line of succession to the Presidency of the United States. Does an Acting Attorney-General replace the former Attorney-General in the line of succession?
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1answer
1k views

Is it legal for the President of the US to ignore a subpoena?

In 2012, Obama was subpoenaed in the case Farrar, Lax, Judy, Malaren, and Roth v. Obama. However after a failed attempt to quash the subpoena on the basis that a sitting president cannot be subpoenaed ...
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2answers
604 views

Is there any way a president could be voted in by popular vote more than two terms?

If everybody was to vote on their ballot for a United States president who had already served two terms and won the election what would happen?
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2answers
2k views

Confirming a new vice-president

Whenever the Office of President of the United States becomes vacant, whether by resignation, impeachment, ill health, whatever, the reason is immaterial. Naturally, the Vice President takes over ...
3
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1answer
454 views

Can the President unilaterally change the design of the US flag?

In researching this question, I found this page from the Government Publishing Office, which states in 4 U.S.C. §10: Any rule or custom pertaining to the display of the flag of the United States of ...
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1answer
95 views

US presidential qualification; 1994 “equal treatment of women in conferring citizenship to children born abroad”

Inspired by Legal to become president if U.S. adds new state/territories? People born before May 24, 1934, to a US citizen mother and a non-US-citizen father, outside US territory, were not US ...
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2answers
126 views

Legal to become president if U.S. adds new state/territories?

If the U.S. adds a new territory, are the people currently living there able to become president? Or does the territory have to become a state in order for the people to be eligible to become ...
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1answer
462 views

Overturning a presidential pardon and double jeopardy

President Trump pardoned Joe Arpaio of any other offenses under Chapter 21 of Title 18, United States Code that might arise, or be charged. This question asks about overruling a pardon and it seems ...
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2answers
991 views

Can a presidential pardon be overruled?

I know a presidential veto on a law (or bill, since they didn't sign it) can be overruled by a two-third vote in both houses. Is the same, or a similar process, available to overturn a pardon?
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What can happen if the US President has violated campaign finance laws?

There has been recent news about President Donald Trump possibly breaking campaign finance laws due to a repayment made to one of his lawyers. NPR: Trump Admits To Authorizing Stormy Daniels Payoff, ...
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1answer
82 views

Is there a precedent or contingency to re-do an election disrupted by war, natural disaster, epidemic, terrorism or fraud?

I'm wondering about a situation where the election process clearly failed or was disrupted, leaving multiple people claiming to have won, and nobody confident in the result. Is there any plan in place,...
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2answers
338 views

Assuming the U.S. President is convicted of a crime in their unofficial person, what happens next?

Assuming that, e.g., a sitting President went and shot somebody, and was duly convicted by a jury of his/her peers, etc., in...let's say Washington D.C.... What would happen to the sentence? Would ...
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1answer
93 views

Why did Jim Garrison investigate the Kennedy assassination?

Mr Garrison was the district attorney (DA) for the state of New Orleans and the assassination of President Kennedy happened in Dallas, Texas. Why would a New Orleans DA be interested in this? Isn't ...
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2answers
2k views

“Designated Survivor” scenario: What if a President is sworn in and someone earlier in succession resurfaces?

If something like what's depicted in "Designated Survivor" (TV-show) happened – POTUS, VPOTUS, Speaker, &c, were all (believed to be) dead – and the "designated survivor" had become acting ...
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2answers
2k views

Can president of the united states pardon himself if convicted of treason or some other wrong doing

I wanted to know whether the POTUS could pardon himself if he/she is criminally charged with treason or some other wrong doing.
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1answer
95 views

In the USA, how is a war officially ended from a legal standpoint?

If Ron Paul became POTUS and wanted to begin undoing the Military Industrial Complex by first ending the officially declared "War On Terror", what would he need to do to officially do that?
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1answer
1k views

Can I legally deny the President of the United States entry into my home?

If the President were to show up at my home and demand entry for some reason (unlikely as that would be), do I have the right to refuse? I am aware that it would be a felony to make direct threats ...
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1answer
192 views

Can the POTUS really pardon via tweet? If so, what would one actually look like?

Is it true that the POTUS can make an official pardon at any time via a mere tweet? If so what would the tweet need to have/not-have to qualify as a legally legitimate pardon? For example, if the ...
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1answer
59 views

Does a law require the Chief Justice to administer the president's oath?

When a president of the United States is sworn in, normally the person administering the oath is the Chief Justice of the United States. Is that required by some law?
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1answer
198 views

What happens if Congress blocks funding for a President's military order?

There is talk of Congress passing legislation to block funding for a military strike on North Korea. My question is, what happens if the president orders an attack assuming it is within his authority?...
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1answer
166 views

Can the President issue an implicit blanket pardon for specific offenses?

Yesterday, President Trump made a speech applauded by law enforcement encouraging their rough treatment of suspects, specifically including a removal of protection from physical injury when a suspect ...
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1answer
5k views

Could a president sue a person for defamation during their time in office?

In this hypothetical (unless it's happened in the past), a prominent citizen or news agency makes statements about the president, or his decisions or policies, that are knowingly inaccurate or false ...