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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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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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In a Constitutional Challenge is it legal for the two parties to come to a deal? [on hold]

I'd say it's almost like a plea bargain. The two sides negotiate and agree to no contest under an agreed set of terms. Is this legal?
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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 ...
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Is 18 USC §911 (false claim to US citizenship) still considered constitutional?

This statute reads: Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both. There is ...
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How is 14th amendment applicable to tourists and illegal immigrants?

14th amendment states "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States...". Given this wording how is it that foreign ...
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Is the right to engage in scientific inquiry a fundamental right?

I am curious as to whether there is any precedent in the U.S. regarding the level of scrutiny applied to 14th amendment claims against statutes that hinder a person's ability to engage in scientific ...
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Has the civil service law ever been challenged in court by a president?

The Pendleton Civil Service Reform Act is one of the main reason why Federal employees often considered themselves as having a lifetime tenure, unable to be fired. Although the act certainly had a ...
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Can the federal government override a state making something illegal?

Friend and I were having about an argument about whether the federal government could just blanket legalize something. For example, would the federal government be able to pass a law preventing states ...
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Can two federal questions involving separate actions be treated in the same case?

If some act is challenged as unconstitutional and another act is also challenged as unconstitutional, and the supposed unconstitutional actions were executed by the same defendant against the same ...
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How are cryptocurrencies not illegal by the US Constitution?

The United States Constitution, Article I, Section 8 reads in part, The Congress shall have Power To coin Money, regulate the Value thereof, and of foreign Coin. From this passage, I understand ...
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Perjury in State of the Union message?

The Constitution requires the President https://en.wikipedia.org/wiki/State_of_the_Union to report to Congress on the "State of the Union". The Constitution is vague on the manner of reporting and ...
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If Gamble v. United States ends up creating a precedent, how could the federal and state governments agree on who gets to prosecute?

According to Wiki: The separate sovereigns doctrine holds that because the federal and state government are "separate sovereigns", the Double Jeopardy Clause does not apply to prosecution of the ...
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Could the Supreme Court prohibit abortion? (And other misconceptions about overturning Roe v Wade)

Here's my layman's understanding of Roe v Wade: A state had a law prohibiting abortion; That law was challenged all the way up to the Supreme Court; The Supreme Court found a right to abortion in the ...
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1answer
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Does prohibition on titles of nobility make presumption of guilt impossible?

The US Constitution prohibits the US government from granting titles of nobility (article I, section 9, clause 8). Has it ever been formally established that giving any group, X, a priority of ...
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2answers
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What would be considered as a true threat?

What is considered to be as a true threat? Let's say that there is a person who said to someone else "You deserve to die... Watch your back, I'm coming for you." which becomes an issue in court. On ...
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Procedure if two separate district courts issue nationwide and contradictory injunctions?

One issue that has not been conclusively decided by the courts is the constitutionality of DACA protections. For example, the Supreme Court has not ruled on whether or not DACA is constitution. Since ...
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Can a sitting president of the United States be indicted by one of the states?

Some lawyers say a sitting president cannot be indicted, other lawyers disagree. Apart from that, does what they are saying apply to both federal and state indictments? I mean could the president be ...
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Is there any constitutional precedents or laws against bills of “anti-attainder?

In South Dakota an attorney for adults sexually abused as children by priests and nuns contended that the state legislature passed a statute of limitations (in approximately 2010)preventing lawsuits ...
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Likelihood of jury selection procedure in this story

I had some questions about how jury selection works upon reading the following story that was shared to Facebook: A couple of years ago I got called for jury duty and made it through a couple of ...
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Would overturning Raich affect Filburn?

If SCOTUS decided that Gonzales v. Raich abuses the commerce clause to ridiculous proportions and overturns it, would they necessarily have to overturn Wickard v. Filburn also?
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What is the meaning of “High crimes and misdemeanors”

I have searched the internet for a coherent statement of the meaning of “high crimes and misdemeanors”, especially in the context of presidential impeachment. I have not been very successful. ...
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Is a president bound by employment contracts entered into by one of his predecessors?

The implication of the US Constitution is that the executive power is vested in the President, but where the laws overlap with this power it seems to be a gray area. For example, it would be plainly ...
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Statutory Basis for Screening Order

About six weeks ago I filed, as a pro-se litigant, a 1983 action in the district court of Arizona. When filing the complaint, the clerk told me she couldn't issue a summons because it related to ...
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Can the federal government tell San Francisco that they cannot allow non-citizen immigrants to vote

San Francisco passed a law allowing non-citizens to vote in school board elections. Representative Jeff Duncan introduced a bill that would strip all federal funds from any locality that allows non-...
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Effect of Cusco's Constitutional status as the “historical capital” of Peru

Article 49 of the 1993 Constitution of Peru states that Lima is the capital. It also states that Cusco is the "historical capital". That Cusco is the former and ancient capital would be universally ...
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Why are state income taxes not a violation of Section 9 of the Constitution?

A naive reading of Article I, Section 9 of the Constitution would seem to suggest that income taxes, which is the same thing as a "captitation" tax, a tax on a person, are not allowed: No ...
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Could the USA abandon common law?

I understand that the USA has a "common law" system and that ambiguous written legislation is turned into unambiguous law by courts, such as has happened in many famous Supreme Court rulings. My ...
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When was pretrial detention first declared constitutional?

I assume that early on in American history, pretrial detention was at some point challenged for its constitutionality. Is that the case? I have also heard that pretrial detention is illegal as a ...
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Is social security constitutionally protected public debt?

Section IV of the 14th Amendment to the US Constitution says "The validity of the public debt of the United States... shall not be questioned." The Social Security trust fund is currently projected ...
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Why are the promises President Trump made on the travel ban not relevant to determine whether the executive order itself is constitutional?

Today (26th of June 2018), the SCOTUS decided that the Sept. 2017 Executive Order banning travelers from several predominantly Muslim countries from entering the United States (the "Travel Ban") does ...
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Plea Deals and Pardon

Assume that a defendant (assume Paul Manafort or other indicted figure in the Mueller investigation) accepts a plea deal that requires their cooperation in related cases. The terms of the deal are ...
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Can a city legally force a homeowner to remove their garden?

Hypothetical: a homeowner received a letter in the mail from the city stating that said homeowner is being ordered to keep their lawn mowed such that the lawn did not violate the city ordinance about ...
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Can a USA president pardon him/her self? [duplicate]

I saw an article where Donald Trump is claiming he can pardon himself. Is this actually possible? http://mobile.abc.net.au/news/2018-06-05/donald-trump-says-he-has-absolute-right-to-pardon-himself/...
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What are the legal requirements in the United States for being recognized under federal law as “white” or a “white” person?

Primary resource: [Hefny v. _ (1997) (citation needed, appears to have been dismissed by the U.S. District Court)] Secondary sources: Egyptian Immigrant Wants to be Reclassified as Black Race, ...
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Unclear about right to admission

My mom runs a school and one of the parents of a child are constantly throwing tantrums at her for very petty issues. Can my mother say no to their admission next year because of their behaviour? Is ...
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Is it illegal to yell “fire” in a crowded theatre?

I've yet to hear this cliché invoked where the person thinks it's legal, but I see no reason why it wouldn't be. If you yell fire and cause something to happen that endangers people then wouldn't the ...
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can lawyers/senate public commitee meetings ask questions which might be covered by NDA's

I'm just taking the recent Mark Zuckerberg Senate hearings which were held in the open in the United States. Is there some sort of fine line that the Senate has to follow? Can they ask any questions ...
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Can an apartment contractually prohbit tenants from saying certain words?

This is a semi-ridiculous question from a law-ignorant but curious person. My apartment prohibits tenants from having firearms on the property, by the lease. in the United States, the "right to bear ...
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2answers
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Can a person be compelled to testify against themself in a civil trial?

I read that a key piece of evidence against Bill Cosby in his recent criminal trial was testimony he gave in a deposition in response to a civil suit filed against him by one of his accusers. In the ...
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What U.S. Constitutional or statutory authority gives Congress the right to pre-empt state law?

There are many cases where a federal law is passed that includes language that pre-empts state laws that are stronger (or weaker, depending). Under what authority is this allowed?
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Can Congress issue a legislative pardon?

Suppose that the President did not want to pardon someone, but Congress passed a private bill excusing a person from a violation of a law. Suppose this bill became law (either through inaction of the ...
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Is a supermajority requirement for raising taxes constitutional?

In a number of US states, in order to enact new taxes or increase taxes, a two-thirds majority vote is required in the legislature or through a ballot proposition. Some supermajority requirements, ...
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Can only the government official who appointed an employee fire that employee?

In the PolitiFact article Can Donald Trump fire Special Counsel Robert Mueller?, law professor Ric Simmons is quoted: The Supreme Court has stated (outside the special counsel context) that only ...
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How is the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” constitutional?

H.R.1865, known as the "Allow States and Victims to Fight Online Sex Trafficking Act of 2017", recently passed both chambers of Congress and was signed into law by president trump. I'm not a lawyer, ...
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Why did s 92(14) (of the Constitution Act, 1867) permit Provincial Superior Courts to adjudicate some matters falling under federal legislative power?

Source: Introduction to Law in Canada (2014). p. 173 Bottom. Superior Courts Like the inferior courts, the superior courts fall into two categories: provincial/territorial and federal. ...
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In US, what happens if you owe money to doctor and forget about it?

If I owe money to some family physician or a dentist, but because my phone number has changed I was not able to be contacted by them. What does a doctor/dentist do if I owe them about $500 or so ? Is ...
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What type of lawyer do i need for suing the state?

So, let me get specific so I can get a more accurate answer. My fiance's daughter had been in the custody of the State of Oregon for about 10 years. Yes, a ten year open case. She was taken from her ...
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Jurisdictional vs appeal of right

Does an appeal of right that is not heard or briefed remain an appeal of right if dismissed and brought in front of the Supreme Court on a jurisdictional appeal. Also, on that appeal, would the brief,...
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Legal Right to Own Nukes

As per the Second Amendment of the United States Constitution one has to wonder if there are any restrictions with regard to the type (or destructiveness) of arm you shall bear. If someone could ...