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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2
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1answer
151 views

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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3answers
81 views

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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0answers
16 views

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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Would it be illegal for Joe Biden to take back pardons issued by former President Donald Trump? [duplicate]

I've been wonder whether this would be illegal to do if Biden were to take back pardons issued by Trump. Does Biden have that authority to do so if he wanted to or would it be Un-Constitutional?
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27 views

Can the President revoke a pardon? [duplicate]

Can the President of the USA revoke a pardon issued by his/her predecessor? Relevant Article II, Section 2, Clause 1: he shall have Power to grant Reprieves and Pardons for Offences against the ...
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2answers
11k views

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 ...
21
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1answer
5k views

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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2answers
186 views

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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4answers
6k views

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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1answer
142 views

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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1answer
102 views

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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1answer
228 views

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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1answer
110 views

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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1answer
68 views

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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1answer
500 views

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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2answers
152 views

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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2answers
167 views

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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3answers
8k views

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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1answer
77 views

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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2answers
102 views

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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1answer
150 views

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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0answers
14 views

Can the president of the Peruvian congress appoint the president if the former officeholder is removed?

Article 115 of the Peruvian constitution says the following: Por impedimento temporal o permanente del Presidente de la República, asume sus funciones el Primer Vicepresidente. En defecto de éste, el ...
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2answers
47 views

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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2answers
131 views

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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3answers
180 views

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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1answer
476 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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1answer
133 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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2answers
66 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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2answers
143 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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1answer
77 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
280 views

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
244 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
166 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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1answer
141 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
76 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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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
1k 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 ...
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1answer
101 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
127 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
31 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
101 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
82 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
100 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
151 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
850 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
121 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
56 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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5answers
516 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
179 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 ...