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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What is the Best Constitution? [closed]

Is the best Constitution 1987 Constitution of the Philippines?
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Could the federal government mandate state universities to not discriminate against out-of-state students?

I can't see any way to do so through the constitution, but I am consistently surprised by the kinds of laws that the federal government can make, so I'm obviously not well-versed in the possibilities.
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Can US Congress/government bar a specific foreign country's persons (individuals or firms) from due process clause?

I wanted to ask whether US Congress/government can bar a specific foreign country's persons (individuals or firms) from the due process clause if the US government provided substantial evidence in a ...
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Can the POTUS sign Executive Orders if he/she is medically sick, such as having COVID-19?

It was announced today that President Biden has the COVID-19 virus and he is now receiving medical care for it. Common symptoms of COVID-19 include fever or chills, cough, shortness of breath or ...
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Could a new US constitution be ratified by an absolute popular vote?

It is well known that the US constitution is very hard to amend, and that topics with a good overall popular approval are impossible to get in the constitution, like abortion or gay marriage. I am ...
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Is discrimination in the U.S. constitutional - but for the blessings of liberty? [closed]

edited from: "Can the U.S. Congress use the blessings of liberty to preclude the use of hearsay to license or convene against riots and invasions?" I may need punishment for relying on the ...
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How do present-day originalists view the doctrine of desuetude?

Do present-day originalists in the US have a common viewpoint on desuetude? If not, what sub-schools of thought on this matter exist within originalism?
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Can the Senate withdraw/revoke its confirmation of a presidential nomination? Can the president withdraw a nomination confirmed by the Senate?

If I understand correctly, the United States' process of presidential nominations and appointments to positions which require the Senate's confirmation (advice and consent) is as follows: The ...
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Congressional power to protect right to travel across state lines for accessing abortion

I recently posted a question concerning the likelihood that Federal statutory protection (so far only proposed) of abortion rights might be upheld by the Court in light of the recent ruling in Dobbs. ...
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Durability of Federal legislation protecting abortion rights in US

Recently the Supreme Court of the United States, through Dobbs, has restored the right of States to prohibit abortion. Supporters of reproductive freedoms have since renewed calls upon Congress to ...
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What part did the supreme court play in codifying the rights of veterans at a constitutional level?

With respect to the rights of veterans, what part has the supreme court played in codifying or striking down laws that were deemed to be constitutional\unconstitutional at either the state or federal ...
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What in the constitution gives a right to carry concealed?

I understand the legal framework of right-to-carry as framed in the 2nd amendment. What grants the right to carry concealed? Why can't laws be made which make people carry their weapon in a visible ...
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Constitutional Amdendment vs. Federal Law

Federal law -- and even the regulations written up by Federal agencies -- are no less (perhaps even more) binding, than the Constitution. But they are far easier to pass and alter. Are there any ...
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Diplomatic law and car plates

What should the Ministery of Foreign Affairs of a country A do in the case in which the diplomatic car plate number is stolen in a country B? And what should the State Department do?
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Does the prince of Liechtenstein have veto power over legislation directly passed by his subjects?

I understand that the Constitution Peace Initiative was rejected so the prince may exercise his veto over a referendum about the abolishment of the monarchy and thereby the recalling of the prince, so ...
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Do other countries have free speech protections similar to the First Amendment, and if so, how do those work?

A friend claimed the First Amendment was unnecessary, and mentioned that other countries tended to get along well without it. I realized I didn't actually know much about how freedom of speech or ...
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Dreamers legal status vs Unborn

The conservative argument that the Dreamers law is unconstitutional is that it ascribes equal protection to non-US citizens under the 14th Amendment. The 14th Amendment lays out clearly and explicitly ...
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Can the enactment of the 25th Amendment delay a U.S. President from launching nuclear missiles?

I am wondering that if a U.S. President is intent on launching nuclear missiles against a foreign enemy of the United States, and he/she has verbally informed the Vice President and his/her Cabinet ...
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Does Article 1 Section 3 of the Oregon Constitution give taxpayers the right to prevent their taxes from being used to fund abortion?

Section 3. Freedom of religious opinion. No law shall in any case whatever control the free exercise, and enjoyment of religeous [sic] opinions, or interfere with the rights of conscience. — Could ...
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Is there a Constititional right to medical care other than an abortion?

tl;dr version: I have a Constitutional right to pay for an abortion from a willing medical provider, even if a local statute purports to forbid it. Do I have an analogous general Constitutional right ...
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California ballot initiatives topics

Are there any limitations in the topics a California ballot initiative can address? Intuitively it shouldn't conflict with any federal legislation, but I can't find any resource specifying the areas ...
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Is the right to an abortion "deeply rooted in this Nation's history and tradition?"

I recently came across an article on the internet containing the following passage: "Nearly all [of] the evidence that he [Alito] cites [in the recent-leaked draft of an opinion that would ...
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Is a state law protecting a non-citizen fetus unconstitutional?

The Constitution and 14th Amendment expressly list protecting citizens as a core responsibility of Government. However, a fetus is not a citizen until it is born. The IRS defines as US person as ...
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How likely would H.R.6930 - Asset Seizure for Ukraine Reconstruction Act be to hold up in SCOTUS?

The bill in question creates an extrajudicial mechanism for asset seizure which seems to directly violate the 8th amendment and extremely similar to the situation deemed unconstitutional in Austin v. ...
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Does a website service for image editing need to be ADA compliant for visually impaired users?

I'm getting ready to launch my website for an image editing service. I had come across quite a few articles on how they need to be ADA compliant to offer service in the US without legal troubles. ...
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Is there a generic legal concept describing results oriented laws like section 2 of the VRA

To me, section two of the 1965 voting rights act, specifically the amended version from 1982, seems incredibly challenging and inefficient to enforce, since it prohibits laws or actions that result in ...
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Is what Russia is doing in Ukraine in violation of the Russian Constitution?

A lot of what Russia is doing in Ukraine appears to be in violation of international laws. As the ICC Chief Prosecutor Karim Khan said "Ukraine is a crime scene" (Barrons). I'm wondering if ...
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What is the justification for supreme courts being able to overrule/overturn their own past decisions?

It can’t overturn the constitution in most countries for example which gives the past apparent supremacy over the present. But between different eras of Supreme courts I guess the present takes ...
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What is the name of a U.S. Supreme Court decision holding that government cannot conspire with private companies to censor protected speech?

There was a supreme court decision that said that the government can't conspire with private companies to censor. Can anyone tell me the name of the case?
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What are administrative penalties​?

This is from Building Code Act, 1992 Administrative penalties​ 15.4.1 (1) A municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an ...
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How is chemical castration defended in regards to the 8th amendment?

The 8th amendment prevents cruel and unusual punishments for crimes. How is forcing sex offenders to get chemically castrated not in violation of this law? This punishment seem cruel and unusual to me....
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How are sanctions on individuals consistent with the 5th Amendment?

There is a lot in the news these days about ultra-wealthy Russians being sanctioned, their assets frozen, and their private jets and boats seized. I'm curious about the constitutional justification of ...
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Using a Bivens Remedy/Claim

I think I understand the fundamentals of Bivens v. Six Unknown Fed. Narcotics Agents. My understanding is that Bivens created a cause of action for the 4th Amendment. Without the cause of action, ...
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Challenges of being an atheist in India

India is a country with secular polity with right to religious freedom but a highly religious society. This might be affecting laws and policies of the governments. The stratification in and the ...
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What is the meaning of the Contracts Clause?

The contracts clause establishes that no state may make any law "impairing the Obligation of Contracts." I am curious about the use of language here. In particular, the use of the verb form &...
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Can the Vice President vote themselves into positions of power?

With the retirement of Stephen Breyer from the Supreme Court, and Biden's promise to nominate a Black woman to fill the vacancy, some of the most far-fetched speculation about the nominee has involved ...
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Does the United States Constitution allow the President to refuse to enforce a law on the basis that they don't agree with it?

Article 2 section 3 of the United States Constitution states, in part: "[The President] shall take Care that the Laws be faithfully executed" (Source: https://constitution.congress.gov/...
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In this hypothetical, can the courts disapply primary legislation?

As I understand it, the 2019 general election in the UK was held because of the Early Parliamentary General Election Act 2019. In this hypothetical, Parliament has passed a statute that imposes a ...
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Why does Section 28 of the Canadian Charter of Rights and Freedoms prohibit sex discrimination redundantly?

In the Canadian Charter of Rights and Freedoms, Section 28 says: Rights guaranteed equally to both sexes 28 Notwithstanding anything in this Charter, the rights and freedoms referred to in it are ...
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Forced to sign an affidavit not to violate the law in the future?

I applied to my Connecticut city’s Building Dept. for a permit to finish my basement, which will not have a bedroom and therefore not require an egress window. In order to issue me a permit, the ...
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Would a person born in a state which later joined the United States be considered a natural born citizen of the United States?

Suppose that a person was born in a independent state and later (i.e. after the birth) this state was admitted into the United States. Would such a person be considered a natural born citizen of the ...
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Constitutional Basis for Federal Criminal Law and Illegalization of Murder at the Federal Level

I'm curious about the constitutional basis for federal criminal law (in America). The necessary and proper clause seems to be such a basis: "To make all Laws which shall be necessary and proper ...
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How does NC's atheism prohibition fit with the 1st Amendment of the US Constitution?

In 1971, the US State of North Carolina rewrote its constitution. According to this source, one of the purposes of this was that "Ambiguities and sections seemingly in conflict with the U.S. ...
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In Roe v Wade, why was it ruled that the US government has an interest in protecting prenatal life?

I'm reading the Wikipedia article on Roe v Wade. It says that: Texas's lawyers had argued that total bans on abortion were justifiable because "life" began at the moment of conception, and ...
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Can constitution amendment interpretation be negated by the Supreme Court in the US by citing unconstitutional during judicial review?

I am curious that, when the constitution is amended, can the Supreme Court reject the amendment via the judicial review process by citing the amendment is unconstitutional and says the negation (by ...
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Is it possible that the ECJ will annul the decrees of prima facie constitutional use of the Orban government in Hungary?

Is there any precedent that the ECJ or the ECHR ruled any provisions or amendments of the constitution of a Member State null and void, annulled, repealed, cancelled them or otherwise ordered any ...
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Do persons accused of being "enemy combatants" have the right to a speedy trial, or can the US government hold them for as long as the govt wishes?

In a recent Senate session, they were discussing the release of all Guantanamo Bay detainees. Senator Lindsey Graham claimed that since the people held there were enemy combatants, they did not have ...
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Finding a Pakistani case from 1955

Does anyone know where online I can find a coyp of the law report of Federation of Pakistan v. Maulvi Tamizuddin Khan 1955 PLD 240? It's mentioned on Wikipedia here
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Who has more power over the Police? [closed]

RESUME When ranking the "power"(see footnote 1) over a community, the ordinary citizen will have the least power while the local police in the respectful community (street, city etc.) will ...
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Can your silence be used against you?

Miranda rights say you have the right to remain silent and that anything you say can be used against you. My question is, can the exercise of this right be used against you at a trial? It seems that ...
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