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71 votes
Accepted

Is the President at the top of all organ waiting lists?

There isn't any rule which would prioritize the President, as far as I can tell. Generally, organ allocation is required to be based on medical criteria, not on factors such as the occupation or ...
Nate Eldredge's user avatar
60 votes

Is the President at the top of all organ waiting lists?

This really kind of expands on what an "organ waiting list" is and how they work (and why rich people like Steve Jobs get transplants quickly)... When somebody who is an organ donor dies, ...
Ron Beyer's user avatar
  • 9,215
35 votes
Accepted

Could Congress "bribe" the President to sign a bill by including a presidential pay raise?

No. Article 2, Section 1 of the Constitution states The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period ...
Justin Cave's user avatar
  • 2,859
34 votes
Accepted

Presidential line of succession and age

This is an interesting question. Requirement to "Qualify" The relevant provision seems to be subsection (b) of the Presidential Succession Act of 1947 (codified at 3 USC 19. That subsection ...
David Siegel's user avatar
30 votes
Accepted

Does murdering the President of the United States differ, as a crime, from regular murder?

Murdering a sitting President is singled out as a separate federal crime from murder, in general, which is another crime that could be brought in such a case. See 18 U.S.C. ยง 1751. This is notable ...
ohwilleke's user avatar
  • 218k
25 votes
Accepted

Can President of the United States pardon himself if convicted of treason or some other wrong doing?

First, there is no definitive correct answer to this question because it has never happened over the course of 45 Presidencies. But, it certainly could come up. If the President purports to pardon ...
ohwilleke's user avatar
  • 218k
21 votes
Accepted

What procedures are in place in the US for when multiple people in the line of succession are in the same place at the same time?

This refers to the "designated survivor" practice, which is not codified in law; rather, it is a choice made by presidents. There are no published details as to how Marty Walsh was selected ...
user6726's user avatar
  • 215k
20 votes

Execution via pardon

Yes. This is legal, even though it is highly unlikely. There were very few, if any, instances of the federal pardon power being used this way historically, but it could happen, and President Trump, ...
ohwilleke's user avatar
  • 218k
16 votes

Which provision of the law allows the President to discharge student debt?

The most prominent argument that has been advanced surrounding this proposed action can be summarized as follows: There was a bill passed by Congress, in 1965, that authorizes the Secretary of ...
Michael Seifert's user avatar
15 votes
Accepted

Hypothetical POTUS divorce

If the spouse of the US president filed for divorce, would a) the President have any claim of immunity from any litigation that followed (e.g. the division of assets in the matrimonial pot, child ...
ohwilleke's user avatar
  • 218k
12 votes

Confirming a new vice-president

The Twenty-fifth Amendment states: Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a ...
Cos Callis's user avatar
11 votes
Accepted

Could a US president be advance pardoned from the result of a senate trial following impeachment?

No Section 2, Clause 1 says: ... and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. Impeachment is explicitly carved out ...
Dale M's user avatar
  • 211k
11 votes

Execution via pardon

No... because it would be rare for the President of the United States to have the power to pardon this person in the first place. Typically, crimes of this nature are prosecuted by the State or ...
hszmv's user avatar
  • 23k
10 votes
Accepted

Execution via pardon

President Rodrigo Duterte of the Philippines did something similar to that. The major snag in the United States is, the President can only pardon federal crimes. Murder is almost always a state ...
Davislor's user avatar
  • 2,884
8 votes
Accepted

Is there any way a US president could be voted in by popular vote more than two terms?

There are two possible scenarios: The Vice-Presidential President and a mass Write In. In the first, if the elected President is removed from office after 2 years in office, than the Vice-President (...
hszmv's user avatar
  • 23k
8 votes
Accepted

How many indictments before imprisonment?

How many indictments does it take for Donald Trump to be imprisoned? An unlimited amount. Imprisonment is usually authorized as a result of a conviction rather than from an indictment. Pretrial ...
ohwilleke's user avatar
  • 218k
7 votes
Accepted

Would a U.S. President's Executive Orders be nullified if he/she is removed from office via the 25th Amendment?

No. They could be, but the "nullification" wouldn't be automatic. That is because, as the Congressional Research Service says in its excellent "Executive Orders: An Introduction": &...
Just a guy's user avatar
  • 8,418
7 votes

Could a trial be held against a sitting President?

That remains to be determined. This article (100 Tex. L. Rev. 56 (2021)) discusses the possibility. To start, the Constitution does not directly say that a sitting president cannot be prosecuted. The ...
user6726's user avatar
  • 215k
6 votes
Accepted

Can the enactment of the 25th Amendment delay a U.S. President from launching nuclear missiles?

Sort of The 25th Amendment is crystal clear that the VP and a majority of the cabinet can declare in writing to the president pro tem of the Senate and the speaker of the house a presidential ...
user6726's user avatar
  • 215k
6 votes

Why has there not been a SCOTUS interpretation of this?

Why has this never been interpreted by SCOTUS? It has never been interpreted by any court, because the interpretation you're advocating is nonsensical, and nobody has ever tried to advance it in any ...
phoog's user avatar
  • 37.5k
6 votes

Presidential duties in office

Is a U.S. President a fiduciary in the same sense a trustee or bank officer is a fiduciary? No. Does a U.S. President have a duty to apply critical thinking to his public acts and statements? No. ...
ohwilleke's user avatar
  • 218k
6 votes

Did the US presidential motorcade contravene UK traffic regulations?

No they didn't break any British traffic regulations. As can be seen in the video, the road is closed to regular traffic. This is done by British police motorcycles according to British traffic laws. ...
quarague's user avatar
  • 3,485
6 votes

Can the POTUS sign Executive Orders if he/she is medically sick, such as having COVID-19?

The Constitution states the only possible restrictions on presidential power, thus a president can exercise the powers of the office except if dies, is impeached, or the 25th Amendment becomes ...
user6726's user avatar
  • 215k
6 votes

Will of the people vs. the "insurrection" section 3 of the 14th amendment

Is the Colorado court ruling (and a potential Supreme Court ruling) which takes Trump off the ballot judicial overreach, depriving the people of the core of their democratic power? As in any dispute ...
Charles E. Grant's user avatar
6 votes
Accepted

Would Vivek Ramaswamy have the power to release the full Geoffrey Epstein client lists?

Would Vivek Ramaswamy have the power to release the full Geoffrey Epstein client lists? No. The case was filed in the U.S. District Court for the Southern District of New York, a federal trial court ...
ohwilleke's user avatar
  • 218k
5 votes
Accepted

If an investigation found that Trump actually won in 2020, would he become President again?

No In accordance with Article II Clause 3, once the votes are counted (and any deadlock resolved) the President has been chosen. At that point, the election is final.
Dale M's user avatar
  • 211k
5 votes

Presidential duties in office

Is a U.S. President a fiduciary in the same sense a trustee or bank officer is a fiduciary? No. The traditional responsibilities of office are probably substantially similar, but they are not ...
phoog's user avatar
  • 37.5k
5 votes
Accepted

Could a president sue a person for defamation during their time in office?

Defamation is a suit that can be brought by anyone, however, there are extra hurdles if the plaintiff is an official. Following New York Times Co v Sullivan, the plaintiff must prove actual malice: ...
Dale M's user avatar
  • 211k
5 votes

How would jury selection work for a trial of Donald Trump?

How would jury selection work for a trial of Donald Trump? Just like it does for everybody else - using the rules for criminal procedure in the relevant jurisdiction. For example, in New York, each ...
Dale M's user avatar
  • 211k
5 votes
Accepted

Is the US Constitution binding for the US President?

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 indicted. No court has ever held this, ...
David Siegel's user avatar

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