29 votes
Accepted

Can you become a U.S. senator if you have dual citizenship?

The U.S. Constitution merely requires that you be a U.S. citizen, that you be at least 30 years of age, that you have resided nine years in the United States, and that you currently reside in the ...
ohwilleke's user avatar
  • 212k
27 votes

Senate Impeachment rule change?

Yes the Senate could adopt a secret ballot rule, but other constitutional provisions combined with high partisanship make it practically impossible that the final results will be done through secret ...
Viktor's user avatar
  • 3,568
23 votes
Accepted

What does the "(U)" prefixed to each paragraph denote in reports by the US Senate Select Committees?

This is a classification indicator to implement portion marking. See the NSA SIGINT style manual. Under "classification," it says to classify each paragraph. And under "parenthesis,&...
Jen's user avatar
  • 54.5k
13 votes

Are US Senate impeachment convictions reviewable by the Supreme Court

The only relevant case heard by SCOTUS is Nixon v. US, 506 U.S. 224, where a federal judge was tried and convicted for actual crimes, but would not resign his position so continued to draw his salary. ...
user6726's user avatar
  • 215k
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
  • 208k
8 votes

Can you become a U.S. senator if you have dual citizenship?

The US Constitution states the qualifications for being a Senator (Article I, section 3, clause 3) No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine ...
user6726's user avatar
  • 215k
8 votes
Accepted

(U.S.A.) Removing senators not from your state

The only way that a member of the House of Representatives, or a U.S. Senator can be removed from office (other than by resignation, death, or expiration of a term of office without being re-elected) ...
ohwilleke's user avatar
  • 212k
8 votes
Accepted

How basic were Senator Kennedy's questions to Matthew Spencer Petersen?

For Mr. Petersen, the questions in general should have been elementary. The fact he did not know them is actually quite deplorable. To your questions specifically: Should Mr. Petersen, as a Juris ...
A.fm.'s user avatar
  • 2,840
6 votes
Accepted

Why can't we go back to the required supermajority for things in the Senate if they abolished it once in the past?

They Can The Senate re-adopts its rules every two years, often with minor changes, sometimes with major changes. But the Senate can, by vote, change its rules at any time. This could include a change ...
David Siegel's user avatar
6 votes
Accepted

Does Article V Ab Initio Void the 17th Amendment?

Does Article V Ab Initio Void the 17th Amendment? No. The Article V prohibition on unequal representation in the U.S. Senate is a right of each U.S. state to have the same voting power in the U.S. ...
ohwilleke's user avatar
  • 212k
5 votes
Accepted

Are Christine Blasey Ford's lawyers in legal jeopardy?

To consider obstruction of justice, it's not necessary to consider the impact of a delayed nomination on the work of the Supreme Court. 18 USC 1505 provides that a felony has been committed by ...
phoog's user avatar
  • 37.2k
5 votes

Can congressional leaders "expel" elected members of Congress?

The leaders can't do it unilaterally, but the members collectively can expel other members. It requires a two-thirds vote of the Senate. US Constitution, Article I, Section 5: Each House may ...
Nate Eldredge's user avatar
4 votes

Are Christine Blasey Ford's lawyers in legal jeopardy?

There is no such thing as transactional immunity to the attorney-client privilege. This is strictly a 5th Amendment concept. You can't immunize a witness to force a witness who is a client to testify ...
ohwilleke's user avatar
  • 212k
4 votes
Accepted

Does impeachment conviction necessarily imply removal from office?

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 ...
user6726's user avatar
  • 215k
3 votes

Why isn't stalling an impeachment considered an obstruction of justice?

The most relevant federal Obstruction of Justice type is from 18 USC 1505: Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes ...
IllusiveBrian's user avatar
3 votes
Accepted

Could the US Senate confirm a new supreme court justice during the lame-duck period?

Yes. US Constitution, at Article two, Section two, provides that the President has the power to nominate the justices and appointments are made with the advice and consent of the Senate. There is ...
J. Win.'s user avatar
  • 339
3 votes
Accepted

Would there be any legal repercussions to the senate's actions during the impeachment trial?

Impeachment is unique in that it is a question of politics, not a question of law, that is being discussed at trial. The other exception is that the Senate, not the Supreme Court, is the High Court ...
hszmv's user avatar
  • 23k
3 votes
Accepted

Senate nuclear option

Because when the ruling of the chair is appealed, an immediate vote on the appeal must take place and this vote cannot be filibustered. Which means you only need 51 votes to overturn the chair's ...
pboss3010's user avatar
  • 820
3 votes
Accepted

Who are the "inferior officers" of the federal government?

I conclude (contrary to an earlier expression) that there is no such list, nor can there be, because the term "officer" is not well enough defined. The inferior officers are those officers who are ...
user6726's user avatar
  • 215k
3 votes

How basic were Senator Kennedy's questions to Matthew Spencer Petersen?

Daubert is a milestone rule related to allowing scientific evidence, based upon a case and appeal in the 1990s. Anyone taking an Evidence course in law school since 1995 has studied it. It also ...
Upnorth's user avatar
  • 1,058
3 votes
Accepted

can lawyers/senate public commitee meetings ask questions which might be covered by NDA's

Senators, and anyone else for that matter, can ask any questions they want. The witness is required to answer the questions only if under subpoena, and only if the answer of the question would ...
ohwilleke's user avatar
  • 212k
3 votes

Can Congress' rules be unconstitutional?

United States v. Ballin, 144 U.S. 1 (1892) asked whether a congressional rule relating to determining quorum comported with constitutional requirements. In deciding that the rule was valid, the Court ...
Jen's user avatar
  • 54.5k
2 votes

Is Mark Zuckerberg subject to questioning by every U.S. senator, or only select ones?

He appeared at a joint meeting of the Senate Judiciary and Commerce Committees, so he was only questioned by the members of those committees, and even then, only the ones who showed up and chose to ...
bdb484's user avatar
  • 58.9k
2 votes

How long can the Senate hold up nominations?

The Senate is under no Legal obligation to consider any particular nomination in any way. Some people have asserted that there is a constitutional duty imposed by the phrase "advise and consent&...
David Siegel's user avatar
2 votes
Accepted

Can the US Senate be abolished without unanimous consent of the States?

There is no definitive answer to any of these questions because nobody has ever attempted to do this or anything similar resulting in judicial review of this portion of the U.S. Constitution or of ...
ohwilleke's user avatar
  • 212k
2 votes

Can a quorum call in the US Senate "annul" a pro forma session? Would this mean that the Senate would go into recess?

No The lack of a quorum prevents the Senate from conducting business, however, it is still in session.
Dale M's user avatar
  • 208k
2 votes

Why can't we go back to the required supermajority for things in the Senate if they abolished it once in the past?

A simple majority of the Senate always has, and always has had, the power to suspend or abolish the supermajority cloture rule (so-called "nuclear option"). It was only tradition, and a ...
Nate Eldredge's user avatar
2 votes
Accepted

Is it criminal trespass for a person who is otherwise allowed access to property to violate the owner's policy?

assuming that access to property may be conditioned upon obeying a given policy It can be so conditioned, and a landowner can typically tell you to leave or exclude you if you breach his conditions. ...
Steve's user avatar
  • 2,605
1 vote

Could Senators convene congress by objecting to the closing of a pro-forma session?

The Example Caucus would need 50 members - the 50 of them, plus Bob, would be needed for a quorum. (They can compel Bob to attend, so he can't simply leave to deny the quorum.) That's a rather large ...
D M's user avatar
  • 7,148
1 vote

What happens if a USA House Rep or Senator is caught committing voting fraud *after* being sworn in a week or month later?

W.r.t. the House of Representatives, the matter is disposed of in 2 USC Ch 12, on contested elections. ยง283 allows the contestant to serve notice of contest on the putative winner, and he must "...
user6726's user avatar
  • 215k

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