Questions tagged [president]

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30
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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? ...
29
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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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3answers
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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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3answers
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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, ...
11
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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.
9
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1answer
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When is a person legally considered to be “President-elect” in regards to laws against threatening the President?

There have been news stories about individuals threatening to kill President-elect Donald Trump shortly after the election, such as this man who did it over Twitter. According to the news article, he ...
8
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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 ...
7
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2answers
4k views

What happens if Congress declares war, but POTUS refuses to fight it?

By Article I, Section 8, Clause 11 of the US Constitution, the power to declare war is with the Congress. Today (03/20/17), during a committee hearing, Ms. Speier, accused Russia (I assume she meant ...
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3answers
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Can the USA military be used as a police force domestically?

A discussion on a sister Stack Exchange site led me to ask this question. Under what conditions can a branch of the military (excluding the Coast Guard for technical reasons) be used in an active ...
6
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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 ...
5
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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 ...
5
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2answers
6k views

USA - Grounds for Treason / Arrests to Prevent a Coup

The base question is what grounds must a president have to initiate arrests on the basis of treason. What evidence must be had, if any. In the event of a suspected Coup, what acts may the president ...
5
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1answer
4k views

Can the US president be charged of crime such as murder while in office?

If the US president commits murder during his vacation as an unofficial action during his presidential term, can he be charged with a crime in court (i.e., in the judiciary branch) before he steps ...
5
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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 ...
5
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5answers
409 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 ...
5
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2answers
346 views

Does the President of the USA execute prosecutorial discretion?

Is it legal for the President of the USA to direct an official of the DOJ (say, the Director of the FBI) to drop an investigation, as an exercise of prosecutorial discretion? This is the case being ...
5
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1answer
3k views

Can a President of the United States be arrested for previous crimes?

Recently, the FBI decided not to recommend prosecution of Hillary Clinton, and as of 12:00 noon EST Clinton is projected to have lost her bid for POTUS. However - if the FBI had recommended ...
5
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1answer
191 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?...
4
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2answers
754 views

Was it formerly illegal for a woman to be president of the United States?

Was there some statute or other law a century ago that said only males could serve as president? If so, when did that change (if in fact it did)?
4
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2answers
167 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. ...
4
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1answer
92 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 ...
4
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1answer
170 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 ...
3
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1answer
251 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 ...
3
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1answer
318 views

Can Clinton be pardoned without being charged or convicted?

Is it possible for someone to be pardoned if they haven't been convicted or even charged with a crime?
3
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1answer
429 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 ...
3
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1answer
105 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
48 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 ...
3
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2answers
432 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?
2
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2answers
597 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?
2
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2answers
306 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 ...
2
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1answer
290 views

Is the US President immune from civil lawsuits?

I read in the news that recently inaugurated US President Donald Trump has been sued for "ethics violation" by a private entity for violating the emoluments clause of the Constitution. I thought that ...
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 ...
2
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1answer
416 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 ...
2
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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 ...
2
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1answer
108 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 ...
2
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1answer
2k views

Is it legal for the President of the United States to order a wiretap on a citizen of the United States?

In light of President Trump's allegations against the Obama administration: Is it legal for the President of the United States to order a wiretap and/or other federal surveillance of a citizen of the ...
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3answers
123 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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2answers
419 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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1answer
3k views

Which presidential cabinet picks require congressional approval?

Which new presidential cabinet position require congressional approval?
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3answers
152 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
1k views

Can former President Obama sue President Trump for defamation? [duplicate]

President Trump has made assertions that former President Obama "wire tapped" him and Trump has claimed that he has evidence of this. It begins to appear that Trump has been lying about this and that ...
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1answer
146 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 ...
1
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1answer
233 views

Is there any option other then impeachment to address a situation where a president abuses his power for financial gain?

Some have claimed that trump is in a position where he could or has exploited his presidency to support his businesses/finances. Without addressing the validity of those claims, I'm wondering what ...
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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
121 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
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
212 views

Can the POTUS be impeached for endangering the security of the state?

Can the President of the United States be impeached for endangering the security of the state? "Endangering the security of the state" defined as leaking or telling sensitive information to other ...
0
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1answer
132 views

If the US President is sued, do the taxpayers fund his defense and any settlements?

If someone sues President Trump for slander, do the taxpayers fund his defense? I would consider having the Attorney General as counsel would qualify. Also, would the taxpayers be on the hook for ...
0
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1answer
92 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 ...
0
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1answer
94 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?