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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 ...


4

Once a person is sworn in as POTUS, there are only two legal mechanisms for involuntary removal of that person from the office: Article II Section 4 of the U.S. Constitution provides only that: The President ... shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. The 25th ...


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The presidential line of succession is governed by the U.S. Constitution, specifically Article II section 1: 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 ...


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The top courts in both Ontario and Quebec have heard challenges to the Succession to the Throne Act, 2013, both upholding the Act, but for different and somewhat contradicting reasons. For reference, here is the Act's only substantive provision: The alteration in the law touching the Succession to the Throne set out in the bill laid before the Parliament of ...


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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 midway ...


3

Most of the implications here are political, not legal. For that, you'd have to ask Politics.SE. The law, however, is quite clear: If the President is alive, and "a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide" do not invoke the 25th amendment, the President would ...


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

Not sure what you mean by "had become acting President and then sworn in as President". Only the Vice President can actually become President. Everyone else on the line of succession can only act as President, not actually become President, according to Article II, Section 1, Clause 6 of the Constitution (and presumably if they were sworn in, it would be as ...


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This is a pretty detailed summary of the legal issues around missing persons. The relevant info is on p.8: Where a grant of representation is made on the presumption of death, the personal representative must get permission from the Court before they can distribute the missing person’s estate. The Court may place conditions on the grant. For ...


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Ordinarily, these matters are governed by the Vienna Convention on Succession of States in respect of Treaties ("the Convention"). Assuming Ruritania ratified the Convention One could conceivably argue that Evilstan colonised Ruristan and therefore under Article 16 of the Convention, New Ruristan receives a "clean slate". This means it is ...


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Yes, the mother inherits the estate Note that the estate is not "everything".


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Benefits from life insurance can go directly to a named beneficiary: there can be primary and secondary beneficiaries, and co-beneficiaries. If all of the primary beneficiaries are all dead, the company will check on the secondary beneficiaries. If there are no surviving secondary beneficiaries, the benefits go to the estate and are subject to probate. If a ...


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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 ...


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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 ...


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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 ...


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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 ...


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This situation is called dying 'intestate'. What happens depends on statutes in your jurisdiction. In Victoria, the relevant rules are in sections 51 onwards of the Administration and Probate Act 1958 (Vic). In broad terms your property is split between your children and spouse and, if you don't have those, your parents. The legislation has a fixed formula ...


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