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Is the constitution a contract can you sue for breach of contract can you get signatures for a special election for a new congress or president?
Wiki User
∙ 14y ago
The Constitution is a political compact, not a personal contract. You can sue the federal or state government if you believe that your constitutional rights are being violated, but that is not a lawsuit for breach of contract. Also, bring suit under the U.S. Constitution, you have to actually have been injured by the government action - it's not enough that the government is doing something which you believe to be unconstitutional, but doesn't directly affect you.
And, no, a private citizen can't initiate a special election for President or members of Congress. The Constitution provides for no such procedure.
If the President dies, is incapacitated, resigns, or is removed from office by impeachment, the Vice President immediately becomes president, and finishes the president's term.
If the VP, for whatever reason, is unable to take office, the Speaker of the House of Representatives takes office. There a total of 18 spots in the presidential line of succession (with the Vice President being first, and the Secretary of Homeland Security being last), so, barring some unthinkable catastrophe, in which the President, VP, Speaker of the House, President Pro Tempore of the Senate, and the President's entire cabinet, are killed, there's no reason to have any other method of replacing the president.
There is also no procedure for private citizens calling for a special election of members of Congress. Members of either the house or the senate can be impeached, just like any other federal official, or they can be expelled by a 2/3 vote of the house in which they sit.
In the event that a member of Congress is removed from office for any reason (resignation, death, impeachment, expulsion, etc.), the Constitution says that a replacement is to be appointed by that state's governor, and individual state laws have different procedures providing for a special election for a permanent replacement.
Wiki User
∙ 14y ago
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Can you make a sentence using social contract?
The social contract is an implicit agreement among members of a society to cooperate for mutual benefit, such as abiding by laws and respecting each other's rights.
Explain the elements of a valid contract?
Valid elements of a contract include both parties signatures. A contract must also include both parties agreeing on the terms of the contract.
Where in the constitution does it list the social contract theory?
The social contract theory is not listed by name in the US Constitution, though it is inferred in the Preamble to the US Constitution.
Factor that can validate and invalidate a binding contract?
Factors that can validate a binding contract are signatures from all parties and a fulfillment of obligations. A factor that can invalidate a binding contract is undue stress caused as a result of the contract.
What does contract amendment mean?
Making changes to a contract. It has nothing to do with the US Constitution.
My husband and my names are on a Home Improvement Contract. Do we both have to sign it for it to be legal ?
I'm not sure about ILL. but in VA both signatures have to be on contract. Call a lawyer
What is a social written contract called?
a constitution
This was the republican 104th congress program to eliminate government waste?
The Contract with America was the Republican 104th Congress program to eliminate government waste.
What is the difference between a simple contract and a mere agreement?
A simple contract is one that is very basic and on paper with signatures. A mere agreement may only be verbal.
How can a contract law overrides a constitution?
No, contracts cannot override the Constitution. You cannot contract to do something illegal. Any agreement that violates the Constitution would be considered illegal. NO, any such contract would be considered VOID and unenforcable. Just meaningless paper, not a violation of the law. And remember, the Constitution applies to, and limits ONLY governments, not private parties. Could your corporate employer offer you a contract that limits your freedom of speech? Certainly, almost all employers do so. No government could have such a contract or policy.
What is the written form that explains the American social contract?
constitution
Is a legal and binding document have to be signed in person?
No it does not have to be signed in person. Companies often agree in the contract to accept faxed signatures.
