Questions tagged [president]

For questions regarding heads of state with the title "President." Should be used with a jurisdiction tag to indicate which country the question is about.

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If an investigation found that Trump actually won in 2020, would he become President again?

Note: By asking this question, I am not expressing, nor asking others to express, any viewpoint on who won in 2020. I'm asking about the legal consequences of a hypothetical scenario. Suppose some new ...
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Can the enactment of the 25th Amendment delay a U.S. President from launching nuclear missiles?

I am wondering that if a U.S. President is intent on launching nuclear missiles against a foreign enemy of the United States, and he/she has verbally informed the Vice President and his/her Cabinet ...
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Has trump announced his candidacy for president in 2024?

I was considering asking this on politics, so feel free to migrate if it seems better suited there. However to me it seems like a point of law. Not being American, I am only aware that there are ...
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What happens if no one gets 270 electoral votes in the U.S. presidential election and the Congress fails to elect a president and vice president?

This link explains how the House of Representatives elects the president and vice president if nobody gets at least 270 electoral votes in the election. But what happens if the Congress fails to elect ...
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Why was coronavirus travel ban implemented by a presidential proclamation rather than an executive order?

On March 11, 2020, President Trump issued a proclamation that suspended entry to the United States from most of Europe. After a series of amendments by both administrations, also in the form of ...
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-10 votes
3 answers
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Why has there not been a SCOTUS interpretation of this?

While reading the constitution I came across this: “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to ...
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Presidential duties in office

Is a U.S. President a fiduciary in the same sense a trustee or bank officer is a fiduciary? Does a U.S. President have a duty to apply critical thinking to his public acts and statements? By critical ...
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Would a U.S. President's Executive Orders be nullified if he/she is removed from office via the 25th Amendment?

I am curious to know if the Executive Orders of a U.S. President would be nullified if he/she is removed from the Office of the Presidency via the 25th Amendment, especially if it is proven that he/...
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Does the U.S. Constitution place any limitations on how long a U.S. President can be on vacation?

I am curious to know if the U.S. Constitution places any limitations on how long a U.S. President can be on vacation.
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Does the unitary executive allow the President of the United States to suspend the law at his discretion for purposes of national security?

The attacks of 9/11 greatly increased presidential discretion, which led to some infringements on individual rights and threats to the rule of law. One example is the U.S. government legalizing ...
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Did the US presidential motorcade contravene UK traffic regulations?

Recently, US President Joe Biden attended the G7 summit in the UK. Various videos (e.g. here) show his motorcade. As might be expected, many of the vehicles are fitted with (and using) the red and ...
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Is there a particular circumstance where the U.S. president can be tried for declaring war against another country?

Is there a particular circumstance where the U.S. president can be tried for declaring war against another country? What are the criteria for the president to be tried for declaring war? Is there even ...
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Can the impeachment of the Indian president be judicially reviewed, or is it a violation of Article 122?

We know that impeachment of a president is quasi-judicial but does it mean that there can't be any judicial review. Is it a violation of Article 122?
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42 votes
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Is the President at the top of all organ waiting lists?

In the United States, people can often wait for years on organ lists before receiving the organ they need. Does the President automatically move to the top of these lists, should they find themselves ...
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Can a former United States president be criminally prosecuted for acts committed when he was president?

Just after voting to acquit Trump, GOP senate leader Mitch McConnel said: We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being ...
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If Trump can be impeached after leaving office, why couldn't Nixon?

I know that this was essentially already asked here, but the responses to that question only seem to say "You can't be impeached after leaving office," and we now know that that is ...
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Do US presidential pardons include the cancellation of financial punishments?

https://www.cnbc.com/2021/01/20/anthony-levandowski-pardoned-after-stealing-trade-secrets-from-google.html says: Anthony Levandowski pardoned after stealing trade secrets from Google In August, ...
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2 votes
1 answer
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How is it legal for the US President's name to appear on aid checks?

Apparently, (soon-former) US President Donald Trump's name appeared on the stimulus checks sent out last year. I guess this is a late question to ask, but - how can this be legal? It makes it appears ...
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Could a US president be advance pardoned from the result of a senate trial following impeachment?

Non-American here, trying to puzzle things out. If I understand correctly, a US president can grant pardons, but only for federal crimes. If I understand correctly, impeachment is a political act, and ...
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4 votes
1 answer
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Does Trump's pardon of the Blackwater mercenaries violate international law?

President Trump recently pardoned Nicholas Slatten, Paul Slough, Evan Liberty and Dustin Heard, four Blackwater mercenaries convicted in 2014 of killing civilians in Iraq back in 2007. The United ...
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5 votes
1 answer
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POTUS term limit (hypothetical)

It is frequently said that the current term limit for a US President is 10 years, consisting of inheriting the presidency for a 2 year caretaker term, then elected twice for 8 years, not necessarily ...
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Is recent diplomatic service abroad an impediment to becoming president of the United States?

Here is Article II, Section 1, Clause 5 of the Constitution of the United States: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this ...
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3 votes
1 answer
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Could Trump "trash" the White House?

Assume Trump willingly leaves the White House on January 20th, but acts like a bad tenant being evicted, and decides to destroy existing paintings, busts, etc. Would he be legally allowed to do this ...
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How would originalists vs living-constitutionalists assess the constitutionality of electing a female President of the United States?

This question regards the USA and its federal constitution. Article II, Section I of the US Federal Constitution says that: The executive Power shall be vested in a President of the United States of ...
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2 answers
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Can a person who has been pardoned still be held liable for the same offense in a civil court?

This answer indicates that accepting, for example, a presidential pardon, is considered an admission of guilt. If a person were to accept such a pardon, can they then still be held liable in a civil ...
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29 votes
3 answers
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Can the President of the United States pardon proactively?

President Trump's administration has just formally started the transition process. He is now officially a lame-duck President. It is common for outgoing Presidents to grant pardons in this last phase ...
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1 answer
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What happens if the cabinet does not want to trigger the 25th amendment even though the President is in a coma?

This is a hypothetical. Let's say Trump's cabinet has not resigned yet. Joe Biden is sworn in and, overwhelmed by the emotions, he has a stroke and can't move or speak, or he is in a coma, but he is ...
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Timing of the death of a president-elect

Section 3 of the 20th Amendment to the Constitution of the United States begins with this: If, at the time fixed for the beginning of the term of the President, the President elect shall have died, ...
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4 votes
1 answer
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Can Biden force the presidential transition to start?

A number of news sources have reported that Emily Murphy of the General Services Administration has failed to sign the document that triggers the presidential transition process. Can the Biden team ...
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What can the president legally alone do to regulate (prior and during) the presidential election?

Given that the elections are covered by state law and administered by the local governments. I think legally there is very little (with express support of Congress) that can be done except seek the ...
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2 answers
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Who has the final say in the choice of the electors?

In case of disputes related to the presidential election, who has the final say in the choice of the electors: state legislature, SCOTUS or the state's supreme court? It's my understanding that the US ...
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3 votes
3 answers
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Sworn statement from Chief of Staff on President's intent:isn't that hearsay?

Trump made two tweets (here and here) which (on a surface reading) would seem to be him ordering the complete declassification of all documents related to the Russian investigation. In response, ...
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2 votes
1 answer
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Could the 14th amendment, section 3, keep Trump from holding office for a second term?

It seems widely agreed upon that even if a President breaks a law, he can only be removed from office through the impeachment process. However, could an incumbent president who wins a second term be ...
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-1 votes
1 answer
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How would jury selection work for a trial of Donald Trump?

There are rumors of investigations into President Donald Trump that could potentially result in criminal charges after he leaves office. If this were to happen, how could a jury be selected in order ...
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Can any lawsuit be filed by a sitting US president at the state level? [closed]

For the sake of argument, let's say that in the 2020 elections Trump lost these 19 "Much more republican" states (according to this NY Times article) that he had easily won in 2016: ...
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-2 votes
2 answers
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Trump knowingly let thousands of people die from Corona; was that criminal? If yes, could he be charged (now or after his Presidency)?

The title says it all. Trump told Bob Woodward that he knew in February that the coronavirus was deadly but decided to actively and consciously deceive the public and not take decisive action to ...
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1 vote
1 answer
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Can the Speaker of the House expel senators from the Hall of the House before all electoral votes have been counted?

A recent article in The Atlantic 1 goes through some rather dire hypothetical scenarios in which constitutional crises arise during the upcoming Presidential elections. One of their scenarios ...
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8 votes
1 answer
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Could Trump be charged with a criminal offense for his actions related to the COVID-19 pandemic?

Recently Carl Bernstein called Donald Trump a "homicidal President": We are witnessing a homicidal president convening ― purposefully ― a homicidal assembly to help him get re-elected as ...
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1 answer
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What part of the U.S. code requires Donald Trump to vacate the White House if he loses in November?

President Trump has made some... remarkable and entertaining... remarks about his willingness to leave the White House if he should loose the POTUS election in November. This got me thinking. I'm not ...
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3 votes
2 answers
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Who becomes President if no candidate for President or for Vice-President has been selected at noon, January 20th?

The Twentieth Amendment to the Constitution , Article 3, deals with the situation where no President or Vice President has qualified on January 20. Section 3 If, at the time fixed for the beginning ...
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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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1 answer
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If the US Supreme Court were to hold a US President in contempt, what could happen next? [closed]

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 ...
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29 votes
3 answers
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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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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 ...
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3 votes
1 answer
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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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2 votes
2 answers
144 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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1 answer
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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 ...
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1 vote
1 answer
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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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1 answer
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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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6 votes
2 answers
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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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