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 ...
- 129k
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 ...
- 3,218
17
votes
Are US Senate/House rules legally enforcible?
Generally not. Federal court uses a principle known as the enrolled bill rule -- in deference to the coequal status of the three branches of government, the "enrolled bill" (the thing printed on fancy ...
- 20.4k
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. ...
- 156k
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 ...
- 2,702
8
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 our ...
- 147k
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) ...
- 129k
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 ...
- 156k
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 ...
- 89.2k
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
...
- 24.6k
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 ...
- 22.2k
5
votes
In the US, can a senator get a prisoner out?
No a senator does not have that power under their elected position. However politics does not work like that. A senator could know the governor of their state very well. Governors could issue pardons ...
- 3,218
4
votes
Accepted
Does SB-1341 prohibit educational research entirely?
From my reading of the bill, and the manner in which it would amend the Family Educational Rights and Privacy Act, the changes do not prevent educational research, but rather, ensures that constraints ...
- 11.6k
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 ...
- 156k
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 ...
- 129k
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 ...
- 350
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 ...
- 4,086
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 ...
- 16.2k
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 ...
- 129k
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 ...
- 1,023
2
votes
How common is it for bills to be introduced in both the House of Representatives and the Senate?
The only legal requirement for bill origination is that tax bills must originate in the House of Representatives.
Otherwise, simultaneous origination is quite common. Differences are resolved through ...
- 9,306
2
votes
Is there a law establishing the procedure by which a U.S. senator resigns?
Article I, Section 5 of the Constitution specifies that
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 ...
- 24.6k
2
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 ...
- 156k
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 ...
- 43.3k
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 ...
- 129k
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.
- 147k
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 ...
- 22.2k
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 ...
- 6,089
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. §283 allows the contestant to serve notice of contest on the putative winner, and he must "...
- 156k
1
vote
Accepted
Does the concept of fairness and due process apply only to the defendant or to the prosecution as well?
Due Process is for defendants:
The "fairness" provisions in Amendments 4-8 do not "typically" apply to defendants. They explicitly apply only to defendants. For instance, the 5th Amendment says:
...
- 7,967
Only top scored, non community-wiki answers of a minimum length are eligible