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83 votes
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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 ...
Joe C's user avatar
  • 28k
60 votes
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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 ...
James K's user avatar
  • 122k
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, "...
Brythan's user avatar
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58 votes
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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: ...
CDJB's user avatar
  • 108k
44 votes

DeSantis' "US Constitution’s 'leverage points'... to exercise the 'true scope' of presidential power"; something new or based on existing theories?

DeSantis isn't expressing any particularly new idea here, nor is there any actual political theory behind this. He's offering a 'total war' conception of politics — effectively an anti-idealistic ...
Ted Wrigley's user avatar
36 votes
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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 ...
Steve Jessop's 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 ...
HallsofIvy's 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 ...
Giter's user avatar
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27 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 ...
user4012's user avatar
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25 votes
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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 ...
Justin Cave's user avatar
  • 6,253
25 votes

DeSantis' "US Constitution’s 'leverage points'... to exercise the 'true scope' of presidential power"; something new or based on existing theories?

TLDR: based on his Florida experience, we can expect he'd "game the system" on anything possible: running agencies, distributing funding, supreme court nominations (although that's ...
got trolled too much this week's user avatar
24 votes
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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 ...
David says Reinstate Monica's user avatar
22 votes
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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 ...
IllusiveBrian's 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, ...
Obie 2.0's user avatar
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18 votes
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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 ...
zibadawa timmy's 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, ...
IllusiveBrian's user avatar
16 votes
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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. ...
Obie 2.0's user avatar
  • 16k
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 ...
Royal Canadian Bandit's user avatar
14 votes
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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, ...
xyldke's user avatar
  • 1,670
13 votes
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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 ...
got trolled too much this week's user avatar
13 votes
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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 ...
cpast's user avatar
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13 votes
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Was a Czech president ever successful in having a legislation proposal dropped after his veto or threat thereof?

Yes - in his first term, Václav Havel vetoed four bills which the Chamber of Deputies did not subsequently overrule. Additionally, he used his power under the Constitution to refer to the ...
CDJB's user avatar
  • 108k
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 ...
cpast's user avatar
  • 14.3k
12 votes
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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 ...
Italian Philosophers 4 Monica's 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 ...
indigochild's user avatar
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11 votes
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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 ...
David Siegel's user avatar
  • 2,621
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 ...
Brythan's user avatar
  • 89.8k
10 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 ...
Royal Canadian Bandit's 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 ...
David says Reinstate Monica's user avatar
9 votes
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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 ...
ohwilleke's user avatar
  • 82.6k

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