Questions tagged [president]

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1answer
249 views

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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81 views

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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60 views

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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118 views

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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62 views

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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1answer
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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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1answer
108 views

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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2answers
129 views

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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133 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
71 views

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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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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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
106 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 ...
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1answer
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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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1answer
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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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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
74 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: ...
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1answer
124 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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297 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
111 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 ...
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1answer
51 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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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 ...
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438 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
166 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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1answer
436 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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127 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 ...
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174 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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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? ...
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1answer
302 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 ...
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1answer
163 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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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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463 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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607 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
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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 ...
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1answer
485 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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96 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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129 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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472 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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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
83 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
348 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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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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“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.