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What makes the Nuclear Option in the US Senate a precedent that its . . . The precedent becomes part of the rules of the Senate Now suppose in future there is a cloture vote on an appointment, and it passes 52-48 (say) If the chair rules that this isn't enough there would be a point of order and the 52 votes would again overrule the chair
What is the Constitutional precedent for military aid? Is there any Constitutional precedent for the claim that it is or is not within the rights or duties of the office of the President of the United States or of Congress to grant, to deny, or to susp
united states - What would happen if a US circuit court consistently . . . What incentives prevent this from happening right now? As I understand it, most lower court decisions treat Supreme Court precedent, especially recent precedent, as inarguable truth, forming the axiomatic basis of the lower court's decisions
Have POTUS pardons before 2025 included wording that they are not . . . First of all, if it is "dicta" rather than a holding of an issue actually before it, the precedent isn't binding What often happens is that decisions are decided inconsistently with the hold precedent and affirmed without expressly overruling a new case This is called implicitly overruling a case And, often what happens is that a legal theory develops in later precedents that doesn't
Is it possible to have a mid-term presidential election in the US? The system may not currently allow for a mid-term election, but: The constitution allows for the president to be removed from office by Congress, if impeached and convicted for “treason, bribery, or other high crimes and misdemeanours" The acting president would become whoever's next in the line of succession (most of whom are appointed by the president, so that's far from an election
Is there a legal way for US presidents to extend their terms beyond two . . . In addition, the "Tyler Precedent" makes no sense otherwise But I believe they would ignore all of this and extend all the terms including President and deal with the Constitutional mess they just made later TL;DR No solution: the framers were very thorough