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 ...
- 27.8k
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, ...
- 9,185
36
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 ...
- 1,436
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 ...
- 112k
22
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 ...
- 173k
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, ...
- 173k
12
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 ...
- 6,280
11
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 ...
- 315
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 ...
- 182k
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 ...
- 21.5k
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 (...
- 21.5k
8
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 ...
- 2,531
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":
&...
- 8,182
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 ...
- 196k
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 ...
- 31.1k
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.
...
- 173k
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 ...
- 196k
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.
- 182k
5
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. ...
- 2,561
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 ...
- 31.1k
5
votes
Accepted
Does the U.S. Constitution place any limitations on how long a U.S. President can be on vacation?
Not directly
However, a President who is unable to discharge their duties (by being on vacation or otherwise) can be dealt with by either:
the vice-President and Cabinet invoking the 25th amendment ...
- 182k
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: ...
- 182k
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 ...
- 182k
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, ...
- 112k
5
votes
Accepted
Could a President choose to give an existing SCOTUS Justice two votes when he would ordinarily appoint another justice?
First of all, as noted in the comments, Babylon Bee is SATIRE. It's not intended to be news, just entertainment.
But the real question is whether or not a President COULD do such a thing. Or perhaps ...
- 3,492
5
votes
Presidential line of succession and age
The age requirement is stated in the US Constitution. The succession beyond the Vice President is determined by act of congress (the Presidential Succession Act), which states who shall act as ...
- 196k
4
votes
Is the US Constitution binding for the US President?
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 ...
- 53.7k
4
votes
Accepted
Emoluments case
According to this CNBC story the case brought by members of Congress (Blumenthal v. Trump) was dismissed for lack of standing by a three-judge panel at the Circuit Court level. As reported earlier a ...
- 112k
4
votes
Timing of the death of a president-elect
I am presuming at this point that no one is "the President elect" in the eyes of the Constitution until the electoral college votes in December.
In the 20th amendment, the beginning of the ...
- 852
4
votes
Accepted
Does the unitary executive allow the President of the United States to suspend the law at his discretion for purposes of national security?
The "unitary executive" is a theory that many, mostly conservative, legal scholars and advocates favor. It says that all executive agencies shall be fully responsible and responsive to the ...
- 112k
Only top scored, non community-wiki answers of a minimum length are eligible