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The week's question
In December 2024, in the thread "Re: BRK: Why Not XOM?", BreckHutHigh asked the members: "What about the long road trips with kids?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Author: albaby1 SILVER
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Number: of 84351 
Subject: Re: what if...
Date: 08/22/23 1:11 PM
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I would think GA would not be under any obligation to release him. Immunity wouldn't apply because the crime -and in this scenario, the punishment- predated his becoming POTUS. But realistically, you can't run an administration from a prison.

There is no precedent, obviously. But I don't think GA could be compelled to release him.


I think it's pretty likely they'd be compelled to release him under the Supremacy Clause.

Imprisoning someone is an exercise of State power - mostly the state Judicial power. It's subject to that Supremacy Clause just like any other exercise of State power. A State legislature can't stop Congress from exercising its Legislative power; they probably can't stop the President from exercising the Executive power. In the event of a conflict, the State loses - State power is subordinate to Federal power.

Since the President can't realistically exercise the Executive function from a prison, he can't be imprisoned by a State. The State won't be allowed to prevent the President from presidenting.

Albaby
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This community has written 84,309 posts about US Policy. The article-length ones it recommended most:
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