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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Were there retroactive changes to CA marriage laws about same-sex couples?

The San Francisco 2004 same-sex weddings took place between February 12 and March 11, 2004, and were then “voided” on August 12, 2004. But OBERGEFELL v. HODGES voids the voiding... Could these couples ...
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Can POTUS threaten SCOTUS justices with forced retirement to achieve favorable opinion on constitutionality of his policies?

Rephrased the original question because, as the commenters pointed out, the term "blackmail" doesn't apply here at all. About a week ago Biden made two seemingly unrelated statements: "...
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Why does the First Amendment apply to states?

The First Amendment doesn't say "No one can restrict free speech" - it says "Congress shall make no law ... abridging the freedom of speech." You could interpret it as saying, &...
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How does the swearing on the Bible fit in to the secular nature of the USA government?

I was told that this may be an interesting premise for a new question. I had the following interaction in the comments of this question. It always striked me as odd that a secular state like the US ...
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Nazario Police stop questions

Video shows: An Army lieutenant is pulled over by Virginia police, with firearms dawn upon exiting police cruiser. "I’m honestly afraid to get out of the car,” Lieutenant Nazario says. “Yeah,” ...
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What is the legal distinction between Twitter banning Trump and Trump blocking individuals?

For reference, this recent NPR article contains all of the information that inspired this question. The lawsuits referenced in the above article center on then-President Trump blocking individual ...
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Constitutional grounds for challenging California's AB5 in Federal court?

California's Assembly Bill No 5 came into force on January 1 2020, and has had a profound effect on consultants and other independent contractors since then. It broadly affects two classes of B2B: ...
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Could a person with a noble title take a federal office without abdicating that title?

The Emoluments Clause of the Constitution bars people holding office from accepting a title from a foreign state. But what about a pre-existing title? If, say, the President appointed a Duke to head ...
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Can Members of Congress be Charged with Incitement (and etc.)

Following the recent Capitol Riot I started to wonder about incitement. I ended up wondering about members of Congress, who are protected against arrest and questioning for what they say when Congress ...
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In the US are jurors actually judging guilt?

Is it true that in US law jurors are not actually judging guilt, but rather whether the case against a person has been made in accordance with the concepts of all reasonable doubt? This meaning that ...
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Do “the laws” mentioned in the U.S. Oath of Allegiance have to be constitutional?

U.S. Oath of Allegiance From a purely technical interpretation of the law does the oath cover laws that are unconstitutional? To whom does the obediance allegiance lie with those who took the oath? ...
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Do governments need to compensate business owners if they temporarily force a business closure?

If the government (let's say in the US or EU) prohibit businesses engaging in an otherwise legally compliant enterprise, do it need to compensate the business owners for that? Assuming that's for ...
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Were the Nuremberg trials legal with respect to the US constitution?

I'm very much a layman, and an Englishman rather than American, with an interest in political philosophy. I was reading through the US constitution the other day, and one sentence in Article I, ...
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Does the U.S. Supreme Court have jurisdiction over the constitutionality of an impeachment?

A question arose on Politics SE asking why the constitutionality to continue an impeachment trial (whose prime purpose is, presumably, to remove an official from office) after the official has left ...
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Constitutional Law in the absence of service-process

Can a Federal Judge make findings that substantially affects the property interests of third persons who are not and never were before the court {no action commenced against them, and no process) ...
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Legal Doubts Regarding Park Rules

In the middle of night I suddenly remembered a time when I went to play soccer at a local public park. This park has only one soccer field that was unfortunately closed. We didn't know why it was ...
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If (hypothetically) Congress sets a non-zero uninsured penalty, does that invalidate California v. Texas before it is even decided by SCOTUS?

Regarding the Affordable Care Act odyssey throughout the courts: The Affordable Care Act’s (ACA) future continues to be uncertain as the law’s constitutionality will once again be considered by the U....
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HR1 would force states to have independent districting. How does the federal gov't have authority to require this?

Section 2401-2422 of the H.R. 1 - For the People Act of 2021 would require states to set up independent districting commissions in order to prevent gerrymandering. This seems pretty clearly to ...
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How can section 3 of the 14th Amendment to the US constitution be enforced?

This arises out of Can state lawmakers who participated in the Capitol riot be removed through the 14th Amendment? The 14th Amendment, section 3, says: No person shall be a Senator or Representative ...
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Can a US president secretly pardon themselves?

I've seen quite a few widely-circulated tweets saying that Trump doesn't have to announce pardons, and we might not find out he's pardoned himself (or family members) until/unless they are indicted. (...
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Does the double jeopardy clause prevent being charged again for the same crime or being charged again for the same action?

Suppose I were to kill someone and was charged with manslaughter, found not guilty, and more evidence surfaces, does double jeopardy prevent me from even being charged again for that action (the ...
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Can Congress declare someone guilty of insurrection and bar them from standing for elections, without that being considered a bill of attainder?

A Q&A to a related question on Politics SE quoted the 14th Amendment of the Constitution that: No person shall be a Senator or Representative in Congress, or elector of President and Vice-...
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Apportion of revenue tax: how would it be implemented?

The following is a quote of The Triumph of Injustice by Saez and Zucman. According to the Constitution, direct taxes had to be apportioned among the states according to the population of each state. ...
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What makes someone a “principal officer of an executive department”?

§4 of the 25th amendment makes reference to "a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide" – Congress has not ...
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1answer
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What is the effect of the repeal of a law amending a former law?

1 U.S. Code § 108 provides "Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided." However, many ...
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Which rules have more power?

So, there are dormitory regulations and country laws. In the first rules, nothing told about privacy. But according to country law, there is. For example: "Dormitory assistant has the right to ...
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3answers
200 views

Would DC Statehood Require a Constitutional Amendment or State Approval?

DC Statehood has been in the news recently, and I'm wondering about the logistics of it. First, take this excerpt from Article IV Section 3 of the Constitution: New states may be admitted by the ...
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Impeach Pence if he deviates while counting presidential ballots

If Vice President Pence deviates from simply announcing the ballots from the Electoral College on January 6, 2020, and instead attempts to unilaterally reject some ballots, can the House of ...
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Difference between Constitution and other administrative law

I am asking this mainly with respect to rights. There are certain fundamental rights in India (and in several other jurisdictions ) (but I am asking with respect to India) like right to freedom and so ...
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Does the President of the United States really have powers of arrest, as per “Designated Survivor”?

A scene in the TV show "Designated survivor" shows the President (Kiefer Sutherland) arresting a state governor for treason. Is this really a thing? Can the POTUS really arrest citizens for ...
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Do I have the right to let Twitter deactivate/hide a public account I had, but no longer use?

So a number of years ago, I created a Twitter account which I forgot the password and email to. More than 3 years ago, almost 4. I did not post anything, almost nothing. Just liked a couple of posts. ...
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What does Ex parte Milligan, 71 U.S. 2 (1866) have to do with personal freedoms?

There is a post floating around on Facebook that "quotes" the Supreme Court's ruling in Ex parte Milligan, 71 U.S. 2 (1866): I'm certain that the author's interpretation of the ruling is ...
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Can the Supreme Court of Ireland overrule itself?

The President of Ireland may, under Article 26 of the Constitution of Ireland, refer a bill to the Supreme Court of Ireland to decide on its constitutionality before he signs it. Article 34.3.3 of the ...
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Do I have the legal right to let Twitter customer support delete an email exchange I had with them? [closed]

I did have an exchange with them and afterwards, now, I would like them to delete it after solving the problem. Is that possible? thanks
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Do governors have veto power over the appointment of the electors by state legislature?

I believe governors in all 50 states have veto power when normal laws are passed in their states. However, if a state legislature chose (or was directed to by the courts) to appoint the electors in a ...
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1answer
180 views

Does the obligation to go to school during the pandemic violate my right to life?

I am a student in a country which was hit quite hard by the pandemic. Currently, we are attending the lessons distantly, yet more and more people reckon it to be a high time to return to school. Let ...
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3answers
155 views

What happens if two people claim the same (personalized) pardon?

What would happen if the identity of an individual named in a presidential pardon could not be ascertained with certainty, but several people have a strong claim to being the named individual? For ...
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Does the Swedish constitution limit the government’s powers to impose lockdown, more than constitutions of other comparable countries?

As is widely known, Sweden’s coronavirus response has been an outlier in several ways. One point, in particular, is that many measures are just issued as recommendations to the public, rather than ...
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Did Rudy Giuliani act as an effective legal advocate for his client?

Setting aside politics and opinions on the actual merits of the case, did Rudy Giuliani act as a competent legal advocate in support of his client's position in his November 17 argument in federal ...
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How would originalists vs living-constitutionalists assess the constitutionality of electing a female President of the United States?

This question regards the USA and its federal constitution. Article II, Section I of the US Federal Constitution says that: The executive Power shall be vested in a President of the United States of ...
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Do any countries have effective policies that bolster common convention and the rule of law itself?

In the United States, we have a problem where a certain individual continues to flout long-held common convention, safeguards against autocratization, and even several very old and cherished laws that ...
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Does torture violate the US Federal Constitution, and if so under which theory?

We all know about the tortures that took place at Abu Ghraib prison. However, Justice Scalia explains to us that torture does not offend the US Federal Constitution. As Justice Scalia explained to us, ...
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Is there an implied consent to a frisk in a stop in the US?

This question regards US law, and the Fourth Amendment to the US Federal Constitution. Suppose I am walking on the sidewalk, when a police officer stops me. He then says the following: "I will ...
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Has there ever been a serious lawsuit seeking reparations for slavery?

Slavery was an abomination, corrupting both the enslaved and the enslavers. Given that we have the Modern Slavery Act, has there ever been a serious lawsuit seeking reparations for slavery? If so, by ...
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What specific charges is the US Justice Department accusing Google/Alphabet of?

The US Justice Department sued Google/Alphabet on the 20th Oct of this year in an anti-trust lawsuit, alleging that the corporation was illegally using its market muscle to hobble competition. Other ...
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Why is American land use law so messed up? Is Nectow (1928) a reversal of Euclid (1926)? Is Pennsylvania Coal (1922) a reversal of Mugler (1887)?

In Mugler v. Kansas, the Supreme Court rules that prohibition of alcohol is not a taking. (Alcohol property rendered worthless.) Hadacheck v. Sebastian says the zoning prohibits making bricks, but ...
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Michael Jackson trial and the constitutionality of gag orders

In this page, Wikipedia says that in the Michael Jackson 2005 trial (People v. Jackson) the judge: put a gag order on both sides Erwin Chemerinsky says (link, at the time of 1:53:37) that gag orders ...
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Has punishment for precedent-setting decisions ever been recognized as retroactive enforcement of a new law?

When a court sets a precedent, it is effectively creating a law (case law). This means that the law (or a newly clear interpretation that can only now be relied on) did not exist prior to the courts ...
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If one was denied job due to remarks on muslims during job interview, can the company be sued for violating freedom of speech?

Say I go to a job interview. During the interview the interviewer says you will be dealing with a lot of middle eastern clients. I said, no problem. I can do this. I have dealt with many Muslims. ...
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What is meant by direct Taxes in Article 1 Section 2 in the US Constitution?

I am new when it comes to understanding the US Constitution and I am not comfortable with Section 2, Paragraph 3 of Article 1! [Representatives and direct Taxes shall be apportioned among the ...

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