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.

Filter by
Sorted by
Tagged with
0
votes
1answer
22 views

Citing a country's constitution in the OSCOLA style

How do you cite a country's constitution in the OSCOLA style?
3
votes
1answer
585 views

What law grants life tenure to federal judges in the US?

In the United States, what law grants life tenure to federal judges? The Good Behaviour Clause of the Constitution says: The Judges, both of the supreme and inferior Courts, shall hold their ...
15
votes
6answers
4k views

SCOTUS - Can Congress overrule Marbury v. Madison by statute?

Can the United States' Congress pass a statute (by simply majority of both houses, then signed into law by the President) which says: Using the power granted to us by Article III, Section 2, clause ...
1
vote
2answers
66 views

County of Sacramento v. Lewis - who owned the motorcycle?

In County of Sacramento v. Lewis oral arguments, as found on Oyez, Justice Scalia said, questioning the counsel for respondent Philip Lewis And he owned the motor cycle, didn't he? And he ...
4
votes
2answers
138 views

Can the TSA still give you a pat down even if you change your mind about flying?

I recently discovered that the TSA will pull you aside and inform you that they have to give you a full pat down for failing to empty everything out of your pants pockets before going through the ...
1
vote
1answer
58 views

Legal test of the constitutional authority Congress to impose wage and price controls

In 1971, using authority delegated to him by Congress, President Nixon imposed wage and price controls to try to get inflation under control. This was known as the Nixon Shock. There was a district ...
2
votes
1answer
79 views

Are there any Supreme Court cases that have directly issued rulings citing the 25th amendment?

Background Amendments to the U.S. constitution have been cited in rulings of Supreme Court cases, the 14th amendment is a notorious one and the 2nd amendment is another good example. I have been ...
4
votes
1answer
107 views

The US Constitution endorses a right to “keep and bear” arms. What about buying, selling, and manufacturing guns?

The text of the 2nd Amendment of the US Constitution reads: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be ...
2
votes
1answer
66 views

Is the 14th amendment restriction on apportionment applied to women after the 19th amendment?

Part of the second clause of the 14th amendment reads: when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in ...
3
votes
1answer
63 views

City laws and ordinance

I'm trying to find out if the city of Oklahoma has the right to tow my car out of my drive way even if it's not in running condition
30
votes
3answers
12k views

Can a US President, after impeachment and removal, be re-elected or re-appointed?

This answer in its present form states If Donald Trump were impeached and blocked from running again (which is one of the things that impeachment can do, disqualify from office)... Is that true? ...
0
votes
0answers
22 views

Emoluments case

It's my understanding that the Trump Administration is or was facing two emoluments related cases. The first regarded a hotel and the case was dismissed. The second was brought by 198 members of ...
7
votes
2answers
2k views

Will a contempt of congress lawsuit actually reach the merits?

Hypothetical Scenario: Kellyanne Conway is subpoenaed by the House Oversight committee for Hatch Act violations. Conway appears but tells the chairman that he is a fraudulent partisan grandstander, a ...
4
votes
1answer
372 views

Is the premise of Robert Mueller about how a sitting President cannot be indicted imply that a sitting President is above the law?

Background In page 213 of the Mueller Report, the Special Counsel team describes thier considerations that guided their obstruction-of-justice investigation. First, a traditional prosecution or ...
18
votes
1answer
2k views

Can US Supreme Court justices / judges be “rotated” out against their will?

In last night's US Presidential Debate, candidate and US Senator Bernie Sanders asserted the option of being able to "rotate" Supreme Court judges / justices to other courts. As quoted in The Hill: ...
2
votes
2answers
109 views

Which supersedes the other, laws or treaties?

The Supremacy Clause of the U.S. Constitution states that the Constitution, laws and treaties are the supreme law of the land. Obviously, the Constitution supersedes both laws and treaties, but which ...
3
votes
2answers
100 views

What do “constitutional” and “unconstitutional” really mean in the US?

People in the US often talk about how some laws, decisions, ruling, executive orders are "unconstitutional", but what does that word mean? Does "constitutional" mean "obeying only the Constitution", ...
3
votes
1answer
59 views

Could using Private Journals be a violiation if used against someone in the court of law?

What is the legal basis for the prosecution to use ones private journal against them in the court of law. If so why is this not a violation of the right not to testify against oneself. If i have ...
-4
votes
1answer
45 views

Stands the Patriot act on the same footing as the Enabling act in Nazi Germany? [closed]

We all know that after 9/11 the Patriot act was constructed to give the U.S.A. more power in combatting Islamic terrorists (the war on terror). After the fire in the Reichstag in Nazi Germany, the ...
1
vote
1answer
79 views

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 ...
2
votes
1answer
154 views

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?
3
votes
3answers
279 views

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 "...
2
votes
1answer
68 views

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 ...
23
votes
1answer
2k views

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 ...
1
vote
3answers
168 views

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 ...
1
vote
1answer
53 views

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 ...
9
votes
6answers
2k views

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 ...
2
votes
2answers
67 views

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 ...
2
votes
1answer
75 views

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)?
6
votes
1answer
193 views

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 ...
5
votes
1answer
59 views

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 ...
2
votes
1answer
83 views

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 ...
4
votes
1answer
133 views

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 ...
2
votes
1answer
74 views

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 ...
0
votes
1answer
88 views

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 ...
4
votes
2answers
737 views

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 ...
2
votes
1answer
94 views

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), ...
3
votes
1answer
132 views

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?
3
votes
1answer
745 views

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, ...
18
votes
2answers
2k views

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 ...
2
votes
2answers
847 views

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 ...
5
votes
3answers
459 views

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 ...
3
votes
2answers
93 views

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 ...
0
votes
4answers
1k views

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 ...
2
votes
1answer
143 views

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 ...
1
vote
3answers
108 views

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 ...
1
vote
1answer
59 views

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 ...
21
votes
3answers
7k views

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, ...
3
votes
2answers
204 views

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 ...
1
vote
2answers
73 views

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 ...