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Questions tagged [constitutional-law]

Constitutional law deals with the assignment or restriction of the powers and branches of a government. If you are asking whether something is constitutional, it's helpful if you provide reasons as to why you think it is or isn't constitutional.

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Will the equal rights amendment actually have an effect on any existing statute?

Was watching John Oliver last night and he had a whole feature on the Equal Rights Amendment. What is the point? Are there any current statutes that could be affect by this amendment, anywhere? We ...
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Examples of Intellectual property scare tactics [closed]

What are examples of Intellectual property rights that are often used as scare tactics? ie like fake patents
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Can one go to jail for not abiding by the letter of the law but abiding the spirit of the law?

What if there is a clash between the spirit of law and the letter of law and my actions only abide by the spirit of law but not the letter of law?Is there a chance that I might go to jail?
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Can a US state pass/enforce a law stating that a group of people owe money to the state government?

What restrictions or prohibitions does the US Constitution or federal law set in place for states requiring citizens to pay money to the government? If my understanding is correct, there are several "...
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can a person paroled from a 15 year to life sentence contest the constitutionality of the state law that sentence?

I was sentenced to 15 years to life in 1984 under NY's Persistent Felony offender statutes (NY Penal Law 70.10 & NY Criminal Procedure Law 400.20) for a gun charge (CPW 3rd degree) which normally ...
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Is presenting a play showing Military characters in a bad light a crime in the US? Or does the First Admendment prevent this?

This is a followup to Is it illegal to wear military surplus clothing? US Law 10 USC 771 provides that only members of the US military may wear: ...the uniform, or a distinctive part of the ...
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What if the President defies Congress and the courts?

So it is now a matter of public record that the President plans to defy all House subpoenas. Do I correctly understand that Federal employees, notably including the Armed Forces, pledge their duty ...
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Given Shapiro v. Thompson, why are US states allowed to charge higher tuition fees to new residents?

If I'm reading Shapiro v. Thompson correctly, US states are not allowed to require a period of residence before providing welfare benefits to US citizens. But doesn't this mean that charging different ...
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Constitutional limitations on criminalizing behavior in US law?

I'm wondering about the limits put on which behaviors the legislature can criminalize in US law. I'm wondering about things like, could clearly harmless behavior (say, lifting a pack of gum with your ...
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What is meaning of omission of a section from any act of legislature

I understand meaning of repealed sections. But, if any section of act has been identified as omitted does this mean that this particular section was not meant to be in the act? If so then why official ...
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What is trademark tarnishment or dilution under US law?

What is a person not allowed to do with a trademark in the US, beyond using falsely to sell goods? In what ways can a trademark owner prevent tarnishment (disparagement) or dilution (blurring)?
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Without judicial review, what is the point of the Dutch constitution?

I gather from various sources (note: most links are in Dutch) that no process of judicial review exists in the Netherlands. In my understanding, most democracies have a process for creating, amending ...
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Would “ex post facto” apply to tax deduction laws?

Yesterday I had a discussion with my colleague. This year I am traveling rather large distances for work. My colleague asked me how I can bear the costs of travel. I told her it is ok, because the ...
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US Treason Definition vs Technology

I know treason charges, in and of themselves, seems rarely pursued, in part because of its strict definition. However, I was interested in this restriction: No person shall be convicted of treason ...
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Do people born in unincorporated US territories have a constitutional right to non-citizen nationality?

In Downes v. Bidwell, the Supreme Court concluded that the Citizenship Clause does not apply to people born in unincorporated territories of the United States. Instead, if they had no other claim to ...
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Am I obliged to reveal my religion when exchanging the ID card in Poland?

My ID card in Poland will expire in few weeks, hence I need to apply for a new one. I want to take a photo for the new ID wearing head cover that is common in my religion. However Polish law regarding ...
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What are the legal Ramifications if any, of ratifying the last remaining Un-ratified amendment of the Constitution? [closed]

There were originally 12 articles proposed for ratification in the "bill of rights" ten were ratified soon after. One was ratified in 1992 and the remaining proposal has no deadline or date of ...
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Could Congress have ended slavery without the 13th Amendment?

The 13th Amendment to the United States Constitution reads: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall ...
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In Massachusetts, does my church need a permit in order to sacrifice animals?

I know a while back ago, the Supreme court decided that it is unconstitutional for states to make animal sacrifice illegal. Church of the Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520 (1993), ...
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Do some U.S. states' constitutions interpret the U.S. Constitution's First Amendment differently?

Do some U.S. states' constitutions interpret the U.S. Constitution's First Amendment differently? If so, what do they say?
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Does the 5th Amendment only apply to federal government

The 5th Amendment of the Constitution of the United States says No person shall be held to answer for a... crime, unless on a presentment or indictment of a Grand Jury..., nor be deprived of life, ...
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When does a person lose diplomatic status?

Ahmed Ali Muthana, father of Hoda Muthana, "claims" that he was no longer working as a diplomat at the time of his daughter's birth, thereby insisting that his daughter was born a US citizen under the ...
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Can a LGBT person sue the parents of a child who refuses to sell lemonade to them?

According to Wikipedia, running a lemonade stand is a business. If a child has been instructed by his/her parents not to sell lemonade to a LGBT person, can the LGBT person sue the child's parents ...
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Are cops required by law to have “reasonable suspicion” in order to detain a person? If so, do they have to inform the detainee about the suspicion?

I was stopped while cycling on hwy 59 in Texas, about 50 miles south of Huston. Officer started asking me questions about my travels. I asked: "Have I done anything illegal? Officer: "No, but I ...
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Can guns be controlled asymmetrically?

The Second Amendment is oft quoted as the reason that guns cannot be completely removed from American society, at least not without some sort of further amendment to the US Constitution. But what ...
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Does the establishment clause prevent schools from promoting religious doctrine as truth?

According to this man... https://donotlink.it/7PyG The modern notion that the separation of these powers implies opposition or incompatibility is a gross misrepresentation of the founders beliefs ...
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Can a Federal Actor, through coercion, or by the omission of information, force a U.S. citizen to waive a state-given Constitutional right?

Can a Federal Actor, through the use of coercion, or by the omission of information, force a U.S. citizen to waive a state-given Constitutional right? Specifically: On the date of March 19, 2010, an ...
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What about if a company use the information that you shared during interview

I am a software engineer in Germany, I had an issue and i don't know how to react: Several weeks ago i had a job interview with a recently founded startup; I met with a co-founder of startup and we ...
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Are State-Authorized Century Farm Programs Titles of Nobility?

Both the Federal and State governments are prohibited from granting "titles of nobility" under the US Constitution (Art. 1, Sec. 9 & 10). My understanding is that "titles of nobility" are ...
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Could US President use the Secret Service to gain entry into the Capitol Building for the SOTU address?

If US President was to go to the U.S. Capitol Building for the State of the Union Address, and he was met at the door by the U.S. Capitol Building security personnel with orders to deny him entry, ...
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Could the USA force all porn sites onto .xxx domain?

I've been working on various methods to block content from my home network and realizing all the holes in my schemes. But it occurred to me that it would be pretty simple if all the porn was on .xxx ...
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Can my non-EU wife be deported from France for a visa refusal?

I am a UK national. Can my non-EU wife be deported when we both live in France and I am a worker paying taxes, holding a French driving licence, a Carte Vital, self employed and also have a French ...
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Are laws requiring fees and classes to practice 2nd Amendment constitutional?

Would laws requiring citizens to pay for training courses and permits costs be ruled as unconstitutional if they were challenged? I only ask because, in Minnesota where I live I need to pay for a $60 ...
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Can the Queen still dissolve parliament?

Traditionally it has been the constitutional power of the monarch to dissolve parliament and trigger a general election at will. Ostensibly, the Fixed Term Parliaments Act of 2011 removed this power. ...
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Does the sixth amendment protect the right to compulsory process for other types of evidence?

As an example, would it protect the right for a defendant to get a subpoena for phone company records to try an establish an alibi? Read literally, the compulsory process clause only provides "...
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How courts can supercede constitutional rights

I am currently going through a domestic case with my recent ex-wife. Just the other day my public pretender, and that's not a spelling error, called me outside of the courtroom and asked me to plead ...
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Do you have to follow all the orders a police officer gives?

Saw a video on YouTube where a woman is being filmed in Walmart. From what I understood, she was being accused of shoplifting (I guess rolled the cart beyond the registers without paying?), and then ...
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What is prospective relief and executory decree?

In Plaut v Spendthrift Farm the court decided that a federal statute that requires federal courts to reopen final judgments that were ordered before the statute's enactment is unconstitutional on ...
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The necessary and proper clause

The Necessary and Proper Clause grants Congress broad authority to enact federal legislation” (U.S. v. Comstock) by “adopt[ing] any means, appearing to it most eligible and appropriate” (James Everard’...
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is a state-run monopoly a market participant?

Hypo: A state wishes to tax alcohol to raise revenue while at the same time protect their local producers. They have settled on accomplishing this by prohibiting the sale of liquor in privately-owned ...
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Test law for constitutionality without risking jail?

I was always sort of told that the constitutionality of a law could not be tested except by a "real" case. In other words, you had to violate a law to get it tested in court, and thereby risk jail ...
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Regarding the Constitutionality of Ranked-Choice Voting

I'm just starting to get into law studies as a highschooler, and here in the USA, in the state of Maine specifically, they have a system of voting called "Ranked-Choice". Now, from what I can tell, ...
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What are the limits of a 'Humble Address/Motion of Return' from Westminster's House of Commons?

The British Attorney General is making the argument that it cannot be right that the Commons has the power to ask for any paper produced by the government. “Where does it end?” Can the Commons use ...
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Illegal to have a driver's license in multiple states?

In New Hampshire they have a law that it makes it illegal to issue a driver's license unless the person has no other license in another state: 263:4 Driver Limited to One License. – No person shall ...
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The “compact” in “Agreement or Compact” (U.S. Constitution): legal terminology

The word compact is used in the "Compact clause" of the Constitution of the United States: "No State shall, without the Consent of Congress [...] enter into any Agreement or Compact with another State ...
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What law designated the U.S. Marshals as non-military?

What is the code that says that the United States of America Marshals will not be seen as the military anymore?
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I have a old question. What is the law that says the military will not be formed inless a abuse befalls a United States of America American? [closed]

I have a old question. What is the law that says the United States of America will not have a formed military and the United States of America Military will not gather, congregate or group unless an ...
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Blumenthal v. Trump Do Senators have standing to bring suit?

In the Complaint filed today Blumenthal v. Trump (for text see [https://www.law.com/nationallawjournal/2018/11/19/senate-democrats-sue-trump-challenging-whitakers-appointment-at-main-justice/?slreturn=...
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Dosso case in Pakistan

In 1958, a man named Dosso (who lacked a surname), was convicted of murder in Baluchistan under section 302 of the Pakistan Penal Code by a Loya Jirga (a tribal court). An appeal was made to the ...
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Is there any federal law in the US that protects its citizens from police harassment? Or is it up to the states [duplicate]

Can police officers legally stop and ask you for your id (not driving, but cycling cross country) or question you about your travels (where are you going, why.. etc) if they cannot articulate any ...