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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Executive Powers In The United States

Recently, Trump placed a travel ‘ban’ on non-citizens of the US and people from some other countries without direct relations with citizens of the US from travelling to the US during the pandemic. ...
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Do Americans have a constitutional right to decline being tested for COVID-19?

I am wondering if Americans have a constitutional right to decline being tested for the COVID-19 virus. Consider a scenario in which the state police create a checkpoint on an interstate highway and ...
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Constitutionality of more restrictive bans on assembly

Virginia’s governor issued a ‘stay at home order’ that will be enforced by fines, and is in effect until June 10th, unless otherwise revoked. This includes the ban on groups of 10 or more. All ...
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1answer
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In the show “Designated Survivor,” all Congressman but 1 are killed, and the President desperately wants to nominate a new Congress. Why?

Why is it so important to the excecutive branch that there is a full Congress? Can action not be taken by the sole remaining Congressman, or is the problem that this Congressman would have way too ...
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Are Putin's constitution amendments legal?

Putin is shaking up the constitution and there were reports suggesting that the process, as well as the amendments themselves, are probably unlawful/illegal despite the Constitutional Court's ruling ...
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COVID-19 Shelter in Place Orders [duplicate]

Is Governor Whitmer's (and similar orders) Executive Order to "shelter-in-place" in violation of the first amendment? The First Amendment has been fully incorporated into the states and the First ...
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Does the First Amendment permit the Ohio governor to ban indoor sporting events? [duplicate]

The Ohio governor recently banned sporting events (although several more recent articles are now referring to this as a recommendation rather than an outright ban). However, the First Amendment ...
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5answers
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Is the banning of large events in the USA constitutional?

Recently several US cities banned large gatherings of events such as listed here. Given that the 1st amendment of the US constitution states Congress shall make no law respecting an establishment ...
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1answer
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Why did Lord Reid write “we should beware of looking at older authorities through modern spectacles”?

Appellate hudges usually aren't stupid or short-sighted. They can foresee that their judgments will become "older authorities" and will be read through "modern spectacles". So what did Lord Reid mean ...
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1answer
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How has James Madison's term 'infamous crime' typically been defined?

James Madison in his speech to Congress in regards to what eventually would become the 5th amendment talked about 'infamous' crimes and how they should be handled. As far as I know he did not define ...
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Drivers licenses:What States is it UnConstitutional to use fees to suspend DL's (beyond VA, TN)?

Drivers licenses:What States is it UnConstitutional to use fees to suspend DL's (beyond VA, TN)? 2018-12 VA lawmakers vote to eliminate driver's license suspensions over fees www.whsv.com/content/...
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Has the selective draft been tested constitutionally and how has it been defended as being fair gender discrimination?

This question is related to this one. What is the history of the selective draft and how has it's constitutionality been tested and defended? It is not as if women cannot be drafted, it is the case ...
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What is the Constitutional justification for Federal gun possession laws?

The US Constitution reserves to the states all powers not expressly delegated to the Federal government. What is the Constitutional provision that allows for Federal laws such as the law that felons ...
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Which constitutions adopt the Universal Declaration of Human Rights?

I read on Wikipedia: Even though it is not legally binding, the Declaration has been adopted in or has influenced most national constitutions since 1948. So, which constitutions adopt the ...
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2answers
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What remedy does the Executive Branch have after Executive Privilege has been violated?

Claims of executive privilege seem to be a cautionary claim - cautioning someone to not disclose inner workings of the executive branch. It is a preventive claim - preventing someone from releasing ...
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1answer
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Does the House of Representatives need a full-House vote to authorize a subpoena during impeachment?

There is currently an argument being made that - approximately: "The House of Representatives did not vote formalize the procedures of the impeachment inquiry until October 31, therefore any ...
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1answer
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Can an impeachment charge be dismissed on the grounds of double jeopardy?

Two impeachment articles were drafted by the House and then sent to the Senate Abuse of Power Obstruction of Congress. Now say the senate looks at the original articles and underlying evidence and ...
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2answers
55 views

What authority (or authorities) have established the status of State ratifications of U.S. Constitutional amendments?

Background In the Untied States, the NARA is the authority that receives all final documents related to the State ratification of a United States Constitutional amendment as implied on the NARA ...
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What does “dormant” mean in the Dormant Commerce Clause?

I think I understand the clause itself, but I'd like to develop some intuitive understanding of why Marshall used the word "dormant." I read the quotes of his decisions where he introduced the word, ...
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How different is the French juristical system from the German one?

How different is the French juristical system from the German one? If you have studied French law, can you become a German lawyer, and vice versa (specifically an intellectual lawyer)?
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Under what rule do bills etc. die (US Congress)?

It is generally accepted that when a bill (for example) is introduced in one house of Congress, it must be approved by both houses before that Congress adjourns. A bill approved by one house cannot be ...
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1answer
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Why isn't stalling an impeachment considered an obstruction of justice?

First and foremost, is it correct to consider the process of impeachment and removal, in the US Constitution, a process of justice, but one administered in a political context? (That is, the opposite ...
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3answers
543 views

What prevents the DOJ from charging Democrats in Congress under U.S. Code § 2383?

18 U.S. Code § 2383 states Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or ...
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1answer
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Is the invalidity of the Data Retention Directive completely retroactive and what are the implications w.r.t. the Charter of Fundamental Rights?

On 8 April 2014, the Court of Justice of the European Union (CJEU) declared the 2006/24/EC Data Retention Directive (DRD) invalid because it violated the rights guaranteed by Articles 7 & 8 of the ...
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0answers
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What is the meaning of “equality” in the South African constitution

In the South African constitution, the beginning of Chapter 1 reads: The Republic of South Africa is one, sovereign, democratic state founded on the following values: (a) Human dignity, ...
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1answer
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Which powers can the President delegate to other officers or employees of the Executive Branch?

The President is the head of the Executive Branch of the United States Government. As the head of the branch a lot of things are formally done by the President, but in actuality many tasks are ...
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Is the worst version of the accusations against President Trump impeachable?

Suppose the president of the US demands foreign leader X have X's state conduct an investigation into corrupt dealings of a family member of a former member of the previous US administration (and a ...
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3answers
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Does encoding constitutional rights in state law have any effect?

According to https://local12.com/news/local/student-religious-liberty-act-sponsor-says-it-protects-rights-critics-say-its-not-needed, Rep. Catherine Ingram argued that a recent bill in Ohio - ...
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Aliens voting in Federal elections

I've read that a Federal law prohibits non-citizens from voting in Federal elections. I'm not a lawyer, but from reading the original Constitution and all the amendments, I don't see anything that ...
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Can impeachment proceed after a resignation? [duplicate]

Can a federal official be impeached and convicted after he has resigned or otherwise left office? (For example, could the impeachment of President Nixon have proceeded after his resignation? Or could ...
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3answers
203 views

What is the Basis in Law that an “Investigation 'Quid Pro Quo'” is Unlawful or Unconstitutional?

In cases of investigating election fraud, there seems to be a potential for a conflict of interest no matter who investigates it. So, why can't the White House investigate campaign issues (involving ...
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3answers
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If Virginia ratified the Equal Rights Amendment, would it go into effect?

In the Nov 2019 election, the Democrats won the majority of both Virginia state houses, and there is some discussion that Virginia could be the 38th state to ratify the (proposed) Equal Rights ...
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1answer
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Could Trump shoot 100 House Democrats and avoid prosecution, at least while in office?

A lawyer for Trump named Consovoy said in court that Trump was immune from prosecution even if he shot someone in the street. If Trump killed 100 House Dems, then the Democrats would certainly no ...
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3answers
190 views

Does the part of the First Amendment about Free Speech apply to non citizens everywhere?

The question is very simple: does the free speech protection provided by the First Amendment apply to non US citizens and does it apply anywhere, outside US territory, protecting these people as ...
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63 views

Is the restriction on receiving a “present” in the Emoluments Clause applicable?

The Emolument Clause: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept ...
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2answers
132 views

Having multiple residences

Let's suppose I'm a citizen of Italy, France and Belgium and let's suppose I own 3 houses in respectively, Bologna, Paris and Brussels. As far as my supposedly countries of citizenship are concerned, ...
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1answer
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Why doesn't the Second Amendment allow physically fit non-criminal adults to own militia (National Guard) arms?

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 infringed. As mentioned in the title, that tells me in 2019 that ...
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1answer
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If a supreme court judge makes a constitution violation sentence, are those who follows it violating the law, or those who follows the constitution?

If a supreme court judge makes a sentence which violates the constitution, who is violating the law, those who follows the sentence, or those who follows the constitution? Can people in executive ...
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5answers
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Can the US Senate disqualify a former President?

In summary, the answer to "Can a US President, after impeachment and removal, be re-elected or re-appointed?" was "Yes, unless the Senate votes by simple majority to add the penalty of ...
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1answer
526 views

What Supreme Court cases, other than Nixon v. United States, have directly applied or interpreted U.S. Const. Art. I, Section 3, Clause 6?

Background Impeachment in the United States is mostly handled by the legislative branch alone. Hence the Courts have not typically applied restrictions or said much about impeachment other than Nixon ...
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1answer
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Does Executive Privilege override 5 U.S.C. App. §8H (c)?

With respect to the testimony of Acting Director of National Intelligence McGuire before the Permanent Select Committee on Intelligence, U.S. House of Representatives on September 26, 2019, that as a ...
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4answers
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Airport Security - advanced check, 4th amendment breach

I am a traveller, have a long Muslim name and I encounter frequent advanced searches at airports. Searching someone based solely on their name is obviously illegal as per the 4th amendment, but I ...
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1answer
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Can a soldier enforce federal law?

I was reading a book(fiction) recently and a kidnapping happened. A woman escaped and ran into several people. One of them being a soldier with his wife. As the kidnapper tries to find the escaped ...
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1answer
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Citing a country's constitution in OSCOLA style

How do you cite a country's constitution in the the Oxford University Standard for Citation of Legal Authorities (OSCOLA) style?
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613 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 ...
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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 ...
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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 ...
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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 ...
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1answer
73 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 ...
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1answer
563 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 ...

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