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. Note: this tag is not country specific - please add a country tag to your question as well.
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How do internal border checkpoints with warrantless searches fit with the 4th amendment?
Some amendment rulings consider things not taken into account at the time they were written, but I would think they were well aware of border checkpoints at the time even, and the idea for internal ...
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Doesn't Article III of the U.S Constitution allow for "regulations" like those of the Judiciary Act of 1789?
This question pertains to Marbury v. Madison. I'm a bit unsure as to why SCOTUS ruled the way it did.
The Judiciary Act of 1789 (Section 13):
The act to establish the judicial courts of the United ...
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Do letters of marque and reprisal need to be signed by the President?
If both houses of Congress vote to grant a letter of marque and reprisal, does the President need to sign it (or have a veto overridden) in order for it to be valid?
(I do understand that this power ...
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What is the statutory basis for the existence of "judicial advisory committees" in Canada?
The Office of the Commissioner for Federal Judicial Affairs states, on its website, that one of its responsibilities is related to the appointment of federal judges:
managing the Judicial ...
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What Act of Parliament established the Office of the Commissioner for Federal Judicial Affairs in Canada?
The website of the Office of the Commissioner for Federal Judicial Affairs Canada states that the office was established in 1978, but gives no reference to the statutory provision that establishes it.
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Can a cashier refuse to service for tobacco because I was on the phone before the sell
I had plenty of types of ids and I had no one in my car just was talking to my wife while heading home. He said that he can’t serve me because he doesn’t know if whoever I was on the phone with was a ...
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Did New Mexico's govenor break any laws with her emergancy order suspending gun rights?
https://apnews.com/article/albuquerque-guns-governor-concealed-carry-fc5b4b79bf411b8022c3ad58975724d7
New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right ...
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New Mexico's Governor issues emergency suspending constitutional rights
https://apnews.com/article/albuquerque-guns-governor-concealed-carry-fc5b4b79bf411b8022c3ad58975724d7
New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right ...
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In Section 3 of the 14th Amendment, what does "enemies thereof" refer to?
In Section 3 of the 14th Amendment, it seems to me that "enemies thereof" would be the standard "enemies of the United States", but much of the "aid or comfort" ...
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Does it say anywhere in the tax code that it is a law to pay FEDERAL taxes [duplicate]
I thought I heard there was one court case of a sovereign citizen who asked the question of the prosecution where in the tax code it says that paying federal taxes is the law. When the prosecution was ...
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NASA and the president's power
If the president of the United States felt that we spend too much on NASA could he/she simply not spend the money that Congress has authorized? For example, could he lay off NASA employees and not ...
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Suing over 14th Amendment [closed]
Is it possible for a registered voter, on behalf of the Voters of the United States, to sue Trump for violation of the 14th Amendment?
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What if someone serving time in a state prison gets elected president?
What if someone serving time in a state prison gets elected president?
Would it be legal for the state to continue to incarcerate a US president?
Can he order himself to be released (for example, on ...
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ABRA Powers violative of human rights act
Parliament tomorrow passes the Arbitrary Bullocks Removal Act 2023, entitling (but crucially not obliging; in other words, bestowing a power though not a duty) the minister of Justice to arbitrarily ...
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Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?
In Justice Roberts's ruling in Students for Fair Admissions v.
Harvard College overturning affirmative action in the United States, he holds that "Harvard’s and UNC’s admissions programs violate ...
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Why aren't the laws banning Nazi symbols in Australia unconstitutional?
Recently, in Australia, a number of state governments have passed laws banning the display of Nazi symbols, and in the last few weeks, the federal government has been talking about passing a law about ...
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Could they subpoena Mike Pence to testify whether he knew that Trump had taken classified documents out of the White House?
In regards to the trial that will take place in the future regarding the issue of former U.S. President Donald Trump mishandling classified documents, I was just wondering if former Vice President ...
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Is it true that the Chief Justice granted royal assent to the Online Streaming Act?
Within the first minute of this video it is asserted that, although the royal assent to Canadian legislation is normally granted by the governor general, in this case of the Online Streaming Act it ...
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What was the basis/reasoning for Pennsylvania's Supreme Court decision to declare the state old-age assistance program unconstitutional in the 1920s?
I read that
From 1918 to 1927 [Abe] Epstein served as research director of the
Pennyslvania Commission on Old Age Pensions. In that capacity,
he was instrumental in having the State adopt an old-age
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Constitutional Race-Conscious Policies
In 2021, the Biden administration created a loan forgiveness program that excluded white farmers. It was ruled unconstitutional and a violation of equal protection. (Wynn v. Vilsack et al)
Washington (...
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What provisions existed in UK law for handling a tied Brexit vote?
The UK left the European Union because of a public referendum where 51.8% of the votes were in favour in leaving the EU.
Suppose it had resulted in an tie, i.e. 50% in favour of leaving the EU, 50% ...
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Does art. 12(1) of the German Basic Law require students to be automatically graduated regardless of grades?
In this post, it notes that art. 12(1) of the basic law (the constitution) says:
All Germans shall have the right freely to choose their occupation or profession, their place of work and their place ...
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Can political parties becoming public?
Can political parties become public?
For example, could the Democrat and Republican parties in the US carry out initial public offerings (IPOs), listing shares on NASDAQ and NYSE?
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What happens if a witness invokes the 5th and is forced to answer?
Follow up question to this one.
What would happen if a witness invokes his right not to self-incriminate the judge deems it unreasonable and tells the witness to answer the question and by doing so it ...
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Ex-slaves not born in U.S. and 14th Amendment
The 14th Amendment states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."
Did cases ever arise in ...
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What is the purpose of pardoning powers?
Various countries have pardoning powers given to either the president or the governor, this is secured as a constitutional right of the president and governor.
What is the purpose of such powers? Is ...
user49663
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At what point does a tax become a ban?
I believe that it is mostly uncontroversial that it is constitutional for a state to tax firearm purchases at a reasonable rate. If a state had a law imposing a 10% sales tax on all firearm and ...
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Copyright and the consitution regarding promotion
The US constitution provides copyright protection for the works of authors. Specifically, "To promote the progress of science and useful arts".
If I were to create a work, and after a few ...
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Tax forms signature requirement violating the 5th Amendment? [duplicate]
I notice that the IRS requires taxpayers to sign their tax forms under a notice that states "I declare under penalty of perjury that ....[the information provided on the form is true]". ...
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When you plead the 5th and a Judge asks you questions about it, is that conversation considered privileged?
If you invoke the right to not self-incriminate when testifying and the judge asks you questions in regards to whether you fear of incriminating yourself is reasonable.
Is that conversation considered ...
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Questions regarding lack of evidence/reasoning for initial interaction with law enforcement and how that affects any infraction discovered thereafter [closed]
State: UT
County: Salt Lake County
People:
Man#1=Protagonist
Woman#1=WitnessOne (Life Partner)
Woman#2=WitnessTwo (Friend)
Woman#3=Antagonist (Fellow employee)
Employer=HotelChain
Events:
During a ...
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How can anti-hate-speech laws be inconsistent with the First Amendment when (for instance) libel laws are consistent with it? [closed]
Although the first article of amendment to the Constitution of the United States states that
Congress shall make no law ... abridging the freedom of speech
this proscription is far from absolute, as ...
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are there any states that allow broad powers to the supreme court?
Are there any states where judges have broad powers to interpret the constitution to the point of even allowing them to exceed clear language and legislative intent ?
user49663
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Is murder unconstitutional?
I've heard a number of times now that the U.S. Constitution regulates the government and not private entities. This is why, for example, private organizations can limit free speech but the government ...
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Is there a path through the courts to sue the US government to allow a national referendum?
I know there’s not an existing avenue to get a national referendum on the ballot, but is there a path through the court system, the damages being that the elected representatives are benefiting from a ...
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Why is the Declaration of Independence not held as legally binding, under Art VI, cl I, of the U.S. Constitution?
The Declaration of Independence was used as an instrument to approach foreign countries and interact on the world stage, prior to winning the Revolutionary War. Therefore, it was the ground on which ...
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Why was US v. Miller not dismissed?
In US v. Miller, the court found that the National Firearms Act of 1934 was Constitutional. The question I have is, why wasn't it dismissed considering that Miller died before the case was heard?
...
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How does the USA allow so many legally illiterate police officers?
I sometimes get these random youtube shorts of police people in the US harassing people who try to film them while on duty.
Then you have these videos where these people have to try and convince these ...
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Are police legally obligated to read warrants out to you if asked?
If you ask police to read warrants out before they enter your premises, are the forced to? Can police being asked to read out a warrant and not doing so be grounds for having a warrant deemed invalid?
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Under the US Constitution, can Congress require the President to use military force?
Suppose that a new Congress gets elected, and they unanimously really, really really hate the government of country X, so much so that they want the US military to basically destroy it. So the ...
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Can a U.S. President's doctor refuse to answer medical-related questions asked by a Congressional committee?
Say that in the event that the 25th Amendment was to be invoked due to the suspicion that the U.S. President was no longer physically and/or mentally capable of performing his/her Presidential duties, ...
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Law governing federal use of the National Guard [closed]
Consider the following hypothetical:
The President learns that China is going to arm Russia with weapons in its war in Ukraine. The United States, unlike Russia, is not on a war footing. Its economy ...
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Are Rule of law and qualified immunity doctrines compatible?
Are qualified immunity doctrines compatible with "rule of law" -- the notion of the law giving equal rights and obligations to citizens? Can things like death penalty or immunity from ...
user49663
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What does the phrase "in this act unless context requires otherwise" mean?
Various Commonwealth countries, like Malaysia, Singapore and India, use this phrase in sections which include definitions or explanation of a law. What does it mean? E.g., Article 13 of the Indian ...
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In places where constitutions don't disallow irrational laws to be passed by a legislature, can peremptory norms override irrational laws?
Has there been any case like this anywhere in the world? Or does peremptory norm only apply to international law? Can courts recognise peremptory norms and customary law and does codified law take ...
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Can a State exploit the 11th Amendment to bypass Diversity jurisdiction?
It seems that the Diversity Clause of the US Constitution, which give jurisdiction to federal courts to hear cases between citizens of different States, was included by Framers to avoid a State court ...
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What are the legal requirements of running a giveaway competition where people play for free
What are the legal requirements of running a giveaway competition where people play for free but will win something?
Also is a competition like a singing/ talent competition where there are judges (...
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Where do executive agencies obtain their power to effectively legislate?
Large portions of the Code of Federal Regulations are enacted by executive agencies such as the Federal Communications Commission and the Federal Aviation Administration, rather than by Congress. The ...
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What is a bill of attainder? [duplicate]
The U.S. constitution proscribes ex post facto laws and bills of attainder. What are bills of attainder?
Are they the same as what is referred to by what Wikipedia has to say on attainder?
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On the (Equi)Potency of Each Organic Law of the United States
According to the United States Code, there are four organic laws of the United States:
The United States Declaration of Independence of July 4, 1776,
The Articles of Confederation and Perpetual Union ...
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