Which clause of the United States constitution prohibits the 18th United States Secretary of Transortation from holding the office of President of the United States?
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Equal Opportunity to Govern Amendment The Equal Opportunity to Govern Amendment, also known as the Hatch Amendment, is a United States constitutional amendment proposed in July 2003 by Senator Orrin Hatch (R-Utah) to repeal the natural born citizen clause prohibiting citizens who were naturalized from holding the office of President or Vice President of the United States. Hatch's amendment would allow anyone who has been a US citizen for twenty years to seek these offices. In the wake of the California recall election, 2003, this proposal was widely seen as an attempt to make California Governor Arnold Schwarzenegger (born in Austria and naturalized in 1983) eligible for the presidency and is sometimes nicknamed "Arnold bill" or "Amend for Arnold". However, there are other politicians who were not born as American citizens and therefore would benefit from such an amendment. Notables include Michigan governor Jennifer Granholm (born in Canada, naturalized in 1980), former Florida Senator Mel Martinez (born in Cuba), former United States Secretary of State Madeleine Albright (born in Czechoslovakia), former Vermont governor Madeleine Kunin (born in Switzerland), and current Secretary of Transportation Elaine Chao (born in Taiwan). The text of the amendment reads as follows:
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Elaine Chao Elaine Lan Chao (; born March 26, 1953) is an American politician who is the 18th and current United States Secretary of Transportation. A member of the Republican Party, she was previously a cabinet member in the administration of George W. Bush.
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Second inauguration of Calvin Coolidge The second inauguration of Calvin Coolidge as President of the United States, was held on Wednesday, March 4, 1925 at the eastern portico of the United States Capitol in Washington, D.C.. The inauguration marked the commencement of the second (only full) term of Calvin Coolidge as President and the only term of Charles G. Dawes as Vice President. The Chief Justice, former president William Howard Taft administered the presidential oath of office. This was the first inauguration in which a former U.S. President administered the oath, and the first to be broadcast nationally on radio.
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First inauguration of Woodrow Wilson The first inauguration of Woodrow Wilson as the 28th President of the United States was held on Tuesday, March 4, 1913, at the east portico of the United States Capitol in Washington, D.C.. The inauguration marked the commencement of the first four-year term of Woodrow Wilson as President and of Thomas R. Marshall as Vice President. Chief Justice Edward D. White administered the presidential oath of office to Wilson.
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Dennis v. United States Dennis v. United States, 341 U.S. 494 (1951) , was a United States Supreme Court case relating to Eugene Dennis, General Secretary of the Communist Party USA. The Court ruled that Dennis did not have the right under the First Amendment to the United States Constitution to exercise free speech, publication and assembly, if the exercise involved the creation of a plot to overthrow the government.
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Privileges and Immunities Clause The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner. Additionally, a right of interstate travel may plausibly be inferred from the clause.
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Andrew Johnson Andrew Johnson (December 29, 1808 July 31, 1875) was the 17th President of the United States, serving from 1865 to 1869. Johnson became president as he was vice president at the time of the assassination of Abraham Lincoln. A Democrat who ran with Lincoln on the National Union ticket, Johnson came to office as the Civil War concluded. The new president favored quick restoration of the seceded states to the Union. His plans did not give protection to the former slaves, and he came into conflict with the Republican-dominated Congress, culminating in his impeachment by the House of Representatives. He was acquitted in the Senate by one vote.
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McCarran Amendment The McCarran Amendment, 43 U.S.C. § 666 (1952) is a federal law enacted by the United States Congress in 1952 which waives the United States' sovereign immunity in suits concerning ownership or management of water rights. It amended Chapter 15 (Appropriation of Waters; Reservoir Sites) of Title 43 (Public Lands) of the United States Code. The McCarran Amendment gives others the right to join in such a lawsuit as a defendant. Prior to the Amendment, sovereign immunity kept the United States from being joined in any suits. The Amendment enabled suits concerning federal water rights to be tried in state courts.
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United States v. Morrison United States v. Morrison, 529 U.S. 598 (2000) , is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution
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Albany Antifederal Committee The Albany Antifederal Committee was a group formed in 1788 in Albany, New York by several Anti-federalist politicians and business leaders critical of the proposed United States Constitution. The committee sought to sway public opinion and influence who would be selected to participate in the upcoming constitutional ratifying convention. On April 10, 1788, the committee published a circular in "The Albany gazette" that included over thirty objections to the constitution and answers to five common Federalist assertions. The stated objections included: the powers of Congress, the president, and the courts; the long term of federal officers; counting slaves in apportioning representation; the lack of a bill of rights; and the Supremacy Clause of Article Six.
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Ouster clause An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions.
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Federalist No. 71 Federalist No. 71 is an essay by Alexander Hamilton, the seventy-first of "The Federalist Papers". It was published on March 18, 1788, under the pseudonym Publius, the name under which all "The Federalist" papers were published. Its title is "The Duration in Office of the Executive", and it is the fifth in a series of 11 essays discussing the powers and limitations of the executive branch. It was published in the New York Packet in an effort to convince the people of New York to ratify the new Constitution. The papers were meant to urge New York and other states to ratify the proposed Constitution, which was a success at the end. This specific federalist paper stated that the government should serve the public good. The legislature would control the judicial and executive, so they can all come to agreements with any conflicts that may be argued. It was about deciding the duration of the presidential term in office and the advantages and disadvantages it had for the president. Having a certain duration develops personal firmness in the employment in his or her constitutional powers. It also sets up a stable system of administration adopted under his sponsorship.
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Impoundment of appropriated funds Impoundment is an act by a President of the United States of not spending money that has been appropriated by the U.S. Congress. Thomas Jefferson was the first president to exercise the power of impoundment in 1801. The power was available to all presidents up to and including Richard Nixon, and was regarded as a power inherent to the office. The Congressional Budget and Impoundment Control Act of 1974 was passed in response to perceived abuse of the power under President Nixon. Title X of the act, and its interpretation under "Train v. City of New York", essentially removed the power. The president's ability to indefinitely reject congressionally approved spending was thus removed.
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President pro tempore of the Oklahoma Senate The President "pro tempore" of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking state senator. The Oklahoma Constitution designates the Lieutenant Governor of Oklahoma as the highest-ranking official, serving ex officio as President of the Senate, even though he or she only votes in the case of a tie. During the lieutenant governor's absence, the president pro tempore presides over sessions. The lieutenant governor presides over sessions devoted to ceremonial purposes, while the bulk of the management and political power is reserved for the president pro tempore.
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Threatening the President of the United States Threatening the President of the United States is a felony under United States Code Title 18, Section 871. It consists of knowingly and willfully mailing or otherwise making "any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States". This also includes presidential candidates and former Presidents. The United States Secret Service investigates suspected violations of this law and monitors those who have a history of threatening the President. Threatening the President is considered a political offense. Immigrants who commit this crime can be deported.
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Nondelegation doctrine The doctrine of nondelegation is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers. It is usually applied in questions of constitutionally improper delegations of powers of any of the three branches of government to either of the other, to the administrative state, or to private entities. Although it is usually constitutional for executive officials to delegate executive powers to executive branch subordinates, there can also be improper delegations of powers within an executive branch.
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Imperiled presidency The Imperiled Presidency was a theory of former President of the United States Gerald Ford in contrast to Arthur M. Schlesinger, Jr.'s theory of the Imperial Presidency. The theory suggests that rather than being too powerful, the president does not have enough power to be effective.
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Inauguration of William Henry Harrison The inauguration of William Henry Harrison as the ninth President of the United States was held on Thursday, March 4, 1841, on the East Portico of the United States Capitol in Washington, D.C.. The inauguration marked the commencement of William Henry Harrison's only term as President and John Tyler's only term as Vice President. The presidential oath of office was administered to Harrison by Supreme Court Chief Justice Roger B. Taney. Harrison died days into this term, and Tyler succeeded to the presidency.
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22nd United States Congress The Twenty-second United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. It met in Washington, D.C. from March 4, 1831, to March 4, 1833, during the third and fourth years of Andrew Jackson's presidency. The apportionment of seats in the House of Representatives was based on the Fourth Census of the United States in 1820. Both chambers had a Jacksonian majority.
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Dean Rusk David Dean Rusk (February 9, 1909December 20, 1994) was the United States Secretary of State from 1961 to 1969 under presidents John F. Kennedy and Lyndon B. Johnson. Rusk is one of the longest serving U.S. Secretaries of State, behind only Cordell Hull.
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National Economic Council (United States) The National Economic Council (NEC) of the United States is the principal forum used by the President of the United States for considering economic policy matters, separate from matters relating to domestic policy, which are the domain of the Domestic Policy Council. The council forms part of the Office of White House Policy which contains the National Economic Council and other offices. The Director of the NEC is titled the "Assistant to the President for Economic Policy and Director of the National Economic Council".
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Posse Comitatus Act The Posse Comitatus Act is a United States federal law ( /1385 § 1385  , original at 20 Stat. 152 ) signed on June 18, 1878 by President Rutherford B. Hayes. The purpose of the act – in concert with the Insurrection Act of 1807 – is to limit the powers of the federal government in using federal military personnel to enforce domestic policies within the United States. It was passed as an amendment to an army appropriation bill following the end of Reconstruction, and was subsequently updated in 1956 and 1981.