83 votes
Accepted

Can a US president have someone sent to prison?

In a word: no. The President cannot just order someone to prison. The Fourth Amendment prohibits unreasonable search and seizure except on probable cause of a crime being committed. The Fifth ...
user avatar
  • 27.6k
61 votes
Accepted

Can a President mandate Upvotes?

A president has the power, under the general terms of Article 2, to instruct the various federal agencies how to act, and how to spend the money that they already have. Any such order is then subject ...
user avatar
  • 92.1k
60 votes

Can a US president have someone sent to prison?

It is absolutely correct that a president cannot just point at someone and say, "Jail that person!" and have it happen automatically. What a president can do is go to the Attorney General and say, "...
user avatar
  • 87.9k
58 votes
Accepted

Where does Trump's authority to cut funding to WHO come from, if Congress controls spending?

You are correct, Congress does control the purse strings, and has the final say on this. However, there are ways in which Trump can get around this. Let's first look at what Trump actually announced: ...
user avatar
  • 80.3k
36 votes
Accepted

What does the POTUS do, exactly?

Hiring and firing top employees in federal government Right, subject to the approval of the Senate, the President appoints the cabinet. So, yes, the President has limited direct contact with ...
user avatar
33 votes

Can a US president have someone sent to prison?

During the civil war Abraham Lincoln had members of the Maryland state legislature arrested and jailed without charge. He was concerned that Maryland would also secede, leaving D.C. between two ...
user avatar
33 votes

How can the US President create a waiver for patent enforcement?

These statements aren't saying that the US President is waiving patent protections, but that the administration supports waiving patent protections. Specifically, the current administration is voicing ...
user avatar
  • 7,969
25 votes
Accepted

Why didn’t the Framers of the US Constitution clarify who has the power to suspend habeas corpus?

I'd expect that if you asked the framers, they would say that they were pretty clear about who can suspend habeas corpus-- Congress. The only reference to habeas corpus in the Constitution is in ...
user avatar
  • 5,261
24 votes

What does the POTUS do, exactly?

Direct things POTUS can do Among things you didn't mention: Legislate from executive seat. Signing statements, and especially executive orders. So far, SCOTUS didn't slap that down as violation of ...
user avatar
  • 88.8k
24 votes
Accepted

Presidential power over Congress

Officially Trump himself can do little to penalize his opponents in Congress. If the President had such powers there would be nothing to stop him from using them against the opposition members (in ...
user avatar
22 votes
Accepted

In American Politics, why is the Justice Department under the President?

I've heard a DA can choose to prosecute or not to prosecute people for virtually any reasons. The concept is called prosecutorial discretion. It is the authority of the district attorney for each ...
user avatar
21 votes

Isn't the question of partisanship of US supreme court judges contradictory to the separation of powers?

Not really. The president of the United States has no formal power over the Supreme Court, besides nominating justices. They cannot tell the justices how to rule, nor can they "fire" them, ...
user avatar
  • 11.8k
18 votes
Accepted

Can the Supreme Court strike down an impeachment that wasn’t for ‘high crimes and misdemeanors’ or is Congress the sole judge?

Unknown, but unlikely The constitution uses the word "sole" in only two places: The House shall have the sole Power of Impeachment; The Senate shall have the sole power to try all ...
user avatar
17 votes

Can a US president have someone sent to prison?

The President is not a Law Enforcement Officer despite his role being ultimately in charge of their policy, so he cannot personally place someone under anything other than citizen's arrest. However, ...
user avatar
16 votes
Accepted

Can the US President recognize Israel’s sovereignty over the Golan Heights for the USA or does that need an act of Congress?

Essentially, yes By current precedent from the US Supreme Court, the US president not only has authority to recognize foreign nations, but exclusive authority. The pertinent case is Zivotofsky v. ...
user avatar
  • 11.8k
15 votes

Can a President mandate Upvotes?

TL;DR The President very likely couldn't do it without (a) the cooperation of Reddit's owners, or (b) an Act of Congress. Explanation Let us suppose items (a) and (b) above are not forthcoming. In ...
user avatar
13 votes
Accepted

How can the US President create a waiver for patent enforcement?

I'm not a patent lawyer and the legislative framework regarding the status of the WTO agreements in the US is pretty complex, but under FSIA a US company by itself doesn't have a lot of recourse if a ...
user avatar
  • 102k
13 votes
Accepted

What are the types of decisions of the Supreme Court that can be overruled by the U.S. Congress?

Many (most?) cases the US Supreme Court hears are about what an act of Congress means. For instance, the 2020 case of Facebook v. Duguid was about whether Facebook's two-factor authentication violated ...
user avatar
  • 12.7k
13 votes
Accepted

Guardrails against the German president from "going rogue"; violating norms and guidelines and unilaterally making/blocking foreign policy decisions?

The Bundespräsident has neither the executive nor the legislative power to enforce decisions. Executive Power: In a presidential democracy the president has control over a lot of government agencies, ...
user avatar
  • 286
12 votes

Congressional Review Act--Is it Constitutional?

The non-delegation doctrine works the opposite way: it restricts how much power Congress can give to the executive, not how much power Congress can take for itself. Congress has the sole legislative ...
user avatar
  • 12.7k
12 votes
Accepted

How can Congress end a war over the objections of the President

There's quite a lot of verbiage about POTUS war powers, but it's otherwise unclear exactly how Congress stops a war, even if is the one that has to declare it. If it was considered urgent enough that ...
user avatar
11 votes

Has a court ever struck down an election result in the United States?

Courts have over-turned elections While researching another question, I found the case of McNally v Tollendar in which the Michigan state court over-turned a recall election for county office. There ...
user avatar
  • 23.3k
11 votes
Accepted

What is the legal basis for the Trump administration's decision to impose and then remove tariffs?

Congress granted to the President authority to set tariffs by agreement with outher countries in the Reciprocal Tariff Act of 1934, and later extended such authority under various laws. The trump ...
user avatar
  • 2,506
10 votes

Can a President mandate Upvotes?

The president (or anyone) could request that Congress pass a law instructing Reddit to award each person on that page one upvote. Either the House or Senate would have to mark up a bill, pass it ...
user avatar
  • 87.9k
9 votes

Are there plans to deal with "insurrection" of British monarchy?

First of all, the existence of any such plans would arguably constitute high treason against the monarch. In more practical terms, it would be regarded as a scandal by large segments of the press and ...
user avatar
9 votes

Has a court ever struck down an election result in the United States?

Yes, on multiple occasions. This generally happens when ruling on the validity of votes during recounts. A good recent example of this is the 2016 Alaska Democratic Primary between Benjamin Nageak ...
user avatar
9 votes
Accepted

How can the Judicial Branch enforce its orders?

Legal Authority The All Writs Act is part of the statutory authorization for the civil contempt power as is 28 U.S.C. § 1826 (regarding compelling testimony from recalcitrant witnesses) and governing ...
user avatar
  • 51.5k
9 votes

Aren't, in practice, the executive and legislative powers oftentimes nearly unified?

This is, indeed, sometimes the case. For the example I understand, the United Kingdom, the very concept of separation of powers was introduced well after the constitution had begun to assume its ...
user avatar
  • 5,514
9 votes

How can Congress end a war over the objections of the President

Congress controls funding for the military. In an extreme situation, Congress could choose to defund the military budget entirely. In practice, this will probably never happen because members of ...
user avatar
  • 402
8 votes
Accepted

What are the reasons that Poland's people would allow the elimination of separation of powers?

This is of course a speculative answer, since it is difficult to say what is really going on the heads of the people. I found a report of Public Radio International that states: However, many Poles ...
user avatar
  • 3,783

Only top scored, non community-wiki answers of a minimum length are eligible