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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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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What are a business's obligations now that the Biden (OSHA) administration has suspended enforcement of its business vaccination mandate(s)?

The Biden administration has suspended enforcement of its vaccination and testing requirements for private businesses after a federal appeals court halted the rules pending review. The Occupational ...
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How is Poland's EU membership not void because of the EU contract violating the Polish constitution?

As far as I understand it, an illegal contract is void, and the Polish Supreme Court has assessed that EU contract violates the Polish Constitution. Why is Poland still considered an EU member state?
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How willing is the US Supreme Court to declare itself wrong?

In comments on this answer User Suprcat wrote (in part) I think a big problem is that Marbury v. Madison has been applied in a way that ignores a major caveat: a court's job is to say what the law is,...
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Is voting in the House of Representatives automatically postponed if the Speaker of the House is unable to attend due to sickness?

I am wondering what happens when the Speaker of the House is unable to come in to the U.S. Capitol Building due to sickness on a day in which voting is to take place. Is there anything written in the ...
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Could a Supreme Court judge run for President (USA)

In the USA, could a Supreme Court judge quit and run for President? Has it ever happened?
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Are gun manuals protected under the second amendment?

My understanding of the second amendment is that it covers a wide class of weapons such as knives in addition to firearms. My question is given that gun manuals inform individuals on how to operate ...
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Why is the US Constitution so open to interpretation compared to constitutions of European countries?

Why is the US Constitution so open to interpretation compared to constitutions of European countries? Supreme Court justices are de-facto unelected policymakers in the US, whereas in western European ...
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Why is it illegal in some states to rent out part of one own's home, if both parties agree to it? [closed]

In some states like New York for example, there are many laws regarding the limitations of how one is allowed to rent out parts of one own's home (assuming one owns the building) or apartment. The ...
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Why do unitary states have constitutional rights? [closed]

In a federal state the federal legislature and the legislatures of the regions within the federation each have their own particular roles and competence which is defined in the federal constitution. ...
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Is the embargo against Cuba unconstitutional?

The Supreme Court ruled in Citizens United v. FEC that government restrictions on spending for political purposes are prohibited by the First Amendment. Would that make the economic embargo against ...
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Did the constitution authorize other states besides the original 13 to join the union?

When reading the Constitution I came across this SECTION. 10. 1 No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of ...
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3 votes
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Legal or Political nature of Impeachment of a US President

In the United Kingdom the Prime Minister (broadly equivalent to the US President although the PM is not head of state) has to stand down if the government loses a vote of "no confidence" in ...
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Was the Constitution meant to be perpetual?

Was the Constitution of the United States meant to be perpetual? The Constitution replaced the Articles of Confederation which specifically says is perpetual yet the constitution has no such wording. ...
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Power of Attorney Process Between 2 Individuals residing in Different states

Can my brother in Florida give me his Power of Attorney when I reside in North Carolina, not Florida?
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How is a plain-clothes officer entering your house not an unreasonable search?

In Wooden v United States: Wooden was sitting at home one evening when he heard a knock at his door. He answered to find an unknown man, who asked to speak with Wooden’s wife. Wooden invited the ...
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Who adjudicates whether a Bill contains "any provision to extend the maximum duration of Parliament beyond five years" as per the Parliament Act 1911?

The Parliament Act 1911 (in the UK) gives the House of Lords different levels of power over a bill that has been passed by the House of Commons, depending into which of three categories the bill falls:...
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