46

Impeachment of a president does not on conviction automatically disqualify the convicted party from becoming president again. However, after conviction, the Senate can vote to add to the punishment of removal from office "disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States." This requires only a simple majority ...


33

The executive branch of the US government, or specific parts of it, can demand that a person do particular things, when a statute has authorized such a demand. Such demands are not usually made at the level of the President of the United States, but the president could order a specific official to take such action. For example a National Security Letter ...


25

When and how are pardons supposed to be used? Why does the Constitution even grant the president the power to pardon? The Constitution provides very little guidance regarding this point, and it isn't clear that the Founders were of one mind about how it was intended to be used. Relieving Wrongful Or Doubtful Convictions One important point to keep in ...


8

Yes. The President can pardon everyone (with the possible exception of himself) of crimes, and can pardon people by category rather than by name. But, the President can only pardon federal crimes that have been committed and are mentioned in the pardon. However, the federal crimes do not have to have resulted in convictions or even charges to be ...


7

If a President uses pardons too freely, and in what seems to be a corrupt manner, Congress could, in theory, impeach the President and remove him or her from office. This has never happened. How likely it might be in future is more a subject for the politics forum. A pardon cannot immunize a person from an individual damage suit, or even from a later ...


4

Yes. The president is bound by the Constitution. The president may be immune from prosecution or from civil suits while he holds the office, but that does not mean he is not obligated to abide by the Constitution. While he is in office, he is subject to sanction for misconduct by Congress, and when he leaves office, he is generally subject to prosecution ...


4

At the time of annexation of country X someone would have to decide the status of the countries citizens: If all citizens of X are now citizens of the USA, and whether they are legally citizens from the date of annexation or since they were citizens of X, and if they are considered residents in the USA since the day they became residents of X, and if they ...


4

Article II, Section 4 of The Constitution says The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. Removal therefore follows automatically from conviction.


3

As an example, POTUS does not undertake the entire pardon process on his own, instead they are preliminarily processed by the Department of Justice, which makes a recommendation. Only POTUS can "grant" the pardon, and we lack substantive information on how deeply he gets involved (does he just sign documents based on staff recommendations? does he do his own ...


3

There is at least one currently seated House Rep who was previously a Federal Judge who was impeached by Congress but not disqualified from future office in US government. In the case of Moore, a state legislature's impeachment of an office holder may bar him from future state office but no longer has the power to block the person from federal office (...


3

Impeachment by the House does not legally disqualify someone from office, only the Senate can vote to "disqualify" an officeholder from holding any public office again, and only after a successful conviction/removal. Here's the relevant passage from Article 1, Section 3, Clause 7 of the Constitution (emphasis mine): Judgment in Cases of Impeachment ...


3

SHORT ANSWER Suppose a President can see that such a vote is coming and will pass, shortly before an election. Can that President resign just before the vote in order to effectively avoid the disqualification penalty? Probably yes. But, there is no historical precedent for this happening. Nixon resigned before the House voted to impeach him, not ...


3

The US President is indeed bound by the Constitution, and indeed by the ordinary laws. Current Justice Department policy is that a sitting president may not be indited. No court has ever held this, the US Constitution does not give explicit presidential immunity the way it gives limited immunity to members of congress (in the "speech and debate" clause). No ...


2

The term “natural born citizen” appears as a qualification for serving as President or Vice President under Article II of the U.S. Constitution. It includes U.S. citizenship acquired at birth under both federal constitutional and statutory citizenship law. Prior to advent of the 14th Amendment all Presidents were “natural born citizens” only if they ...


2

There is currently no law requiring a candidate for US President to release tax records to appear on the ballot. Nor is there any law requiring the President to release such records after taking office. There are laws requiring members of congress, and other Federal officials, to make public some limited information about their finances. This is much less ...


2

No, action cannot be taken by the remaining Congresspeople1 Section 5 Clause 1 of the Constitution says: Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; There are 100 senators and 435 members of the house - you need 51 senators and 218 members ...


2

"The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, ...


2

No. There are few if any checks on any President for any Pardons issued (a general Impeachment may be the only check but there has never been a strong call for impeachment for a pardon.). Further more, the protection against Double Jeopardy is in effect meaning future Presidents cannot prosecute the pardon recipient for any crimes that were pardoned by a ...


1

You asked: Suppose a President can see that such a vote is coming and will pass, shortly before an election. Can that President resign just before the vote in order to effectively avoid the disqualification penalty? Then I asked Are you considering a resignation before the Senate votes on whether to convict, or after that vote but before a second vote ...


1

The case of William Belknap indicates that impeachment and trial need not end with the resignation. He was impeached by the House after his resignation, and was tried and acquitted by the Senate (largely because some of the Senators didn't feel they had jurisdiction any longer). I'm assuming the reason the trial was held was so Belknap might be disqualified ...


1

Yes That is, in effect, what President Nixon did. He resigned when the House was preparing articles of impeachment which seemed likely to pass. His resignation stopped the impeachment process. Of course, no one can say what the Senate would have done had he not resigned, but many people expected a conviction and removal from office. Had Nixon been in his ...


1

Header Notes There are two sides to this coin and depending on which side we're talking about can change the answer completely, the two sides are Tort law, and criminal law. Another important area to look is it an individual being subpoena, or is it a company own by an individual, these two things don't share the same type of protection against a subpoena ...


1

Since Trumps tax records were actually subpoenaed, the quick answer is "yes". The long answer, addressing the question of whether the subpoena will survive judicial scrutiny, is "maybe". However, there is no law requiring a president to "release" his tax records – this is a purely political custom. There are numerous but non-intersecting grounds for ...


1

Under article II, section 1 of the Constitution: In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the ...


1

Keep in mind, the president is the high boss of the entire executive branch, i.e. the mechanisms of government which actually get things done. So for instance he can command the Dept. Of Transportation or FBI or the State Department or HUD or the Federal Reserve or FEMA or dozens of other agencies. And then they have the regulatory power to act on ...


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