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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. Note: this tag is not country specific - please add a country tag to your question as well.

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On what basis are Miranda rights enforced?

According to a previous answer to one of my questions, you don't have a constitutional right to a Miranda warning, my question then is how did the USA universally develop Miranda if it was not through ...
Neil Meyer's user avatar
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-3 votes
1 answer
77 views

Federal tax law levy procedure vs state

A levy on a bank account is a search. First you need to obtain bank information, then the levy itself is a search as it reveals information about the account. Ì want to know if there is any case law ...
Elo Msk's user avatar
6 votes
1 answer
2k views

Can a state force someone to sell it something?

There has been a lot of issues regarding, notably how hard it is for states to aquire execution medicine from pharma companies. Companies which routinely refuse to provide (note, this is not political ...
Nicolas Formichella's user avatar
2 votes
1 answer
244 views

Pleading Not Guilty when you are guilty [duplicate]

As I understand it, a criminal defense lawyer is an officer of the court. As such, he is not allowed to lie. If a lawyer knows that his client is guilty of the charge, can he still plead not guilty ...
Bob's user avatar
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What powers do federal universities have in Brazil to deny promotion to a permanent university professor?

Introduction. In Brazil, federal university professors hold permanent positions with the university, a position obtained by a public competition and it might be more or less equivalent to the tenure ...
user1145880's user avatar
-1 votes
0 answers
35 views

Does claiming that people should not recognize the government as valid count as sedition? [duplicate]

I do not know the precise boundary of what is and is not legally ‘sedition’. I was wondering if simply openly claiming that the government is illegitimate, and encouraging people to not acknowledge it ...
Julius Hamilton's user avatar
-6 votes
1 answer
80 views

Abortion and States' Rights in the US

If a fetus is a person, it's not a citizen until after it's born, per the Constitution. That would make birth a process of naturalization (converting a stateless non-citizen fetus into a citizen). But ...
user319249's user avatar
0 votes
1 answer
50 views

Would the holding of assets in a UTMA account when the beneficiary wants to withdraw them be considered a deprivation of property?

The Due Process Clause of the Fourteenth Amendment says, nor shall any State deprive any person of life, liberty, or property, without due process of law. The Uniform Transfers to Minors Act (UTMA) ...
Someone's user avatar
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0 votes
1 answer
146 views

Can Congress' rules be unconstitutional?

I'm very interested in U.S. Constitutional law and do a lot of mock government. One of the questions that I have been considering is whether it is possible for a rule Congress sets for its proceedings ...
Vaughn's user avatar
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1 vote
1 answer
33 views

Why President's power to grant pardon to punishment or sentence are dealt separately in drafted language of article 72 of Constitution of India?

Constitution of India Article 72 : [Title: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases] Sub Article (1) : The President shall have the power ...
daemon's user avatar
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2 votes
1 answer
178 views

Can the government compel a witness to testify against an accused criminal?

In a criminal trial, the 6th Amendment to the US Constitution guarantees that the accused has the right to a "compulsory process for obtaining witnesses in his favor." Meaning that a person ...
Wes Sayeed's user avatar
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2 answers
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Federal Rule of Civil Procedure 5.1 (Constitutional Challenge to a Statute)

Can somebody tell me the meaning of the following sub-clauses in FRCP 5.1? Here is the wording exactly as it appears in the book: (1) file a notice of constitutional question stating the question and ...
ILCTrent's user avatar
1 vote
1 answer
76 views

In Canada, how was it legal to pass the Constitution Act 1982 to require certain amendents by unanimity if not all provinces agreed to it?

In British legal doctrine, a majority vote in Parliament has no right to bind the future parliament and what it might do, and follows an obvious principle. If a prime minister enacted a bill that said ...
R-Obsessive's user avatar
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21 votes
4 answers
4k views

Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

Some laws are obviously contradicted by higher laws, such as bills of attainder being prohibited explicitly by the US constitution. Say some level of government (state, federal, or local) ignores this ...
interfect's user avatar
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1 vote
1 answer
160 views

Is cruel and unusual punishment allowable as a voluntarily-chosen alternative to a constitutional default sentence?

Is it constitutional for a person convicted of a crime to be offered a choice between two punishments, one of which would be cruel and unusual if it were the only option, if the other poses no ...
Someone's user avatar
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1 vote
0 answers
67 views

Wisconsin Governor Line Item Veto

Famously, Wisconsin Governor Tony Evers tried to run a "line item veto" that essentially rewrites a law. Is this legal? If it is easy to challenge it court, why haven't his political ...
Test's user avatar
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0 votes
1 answer
117 views

Would a valid ex post facto law be possible with a constitutional amendment?

Suppose that some action has been committed that is virtually universally seen as heinously immoral and worthy of punishment. However, there is technically no law against the action at the time, and ...
Someone's user avatar
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20 votes
7 answers
5k views

What happens when Congress violates the Constitution through inaction?

The Constitution sets down rules for how Congress can operate, and what it may, may not, or must do. If a President does not do something the Constitution requires them to do, they can be impeached ...
interfect's user avatar
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5 votes
2 answers
1k views

Could one get a declaratory judgement on which parts of the Constitution *are* self-executing?

It has recently been determined by a controversial Supreme Court decision that Section 3 of the 14th Amendment is to be enforced by legislation drafted for the purpose by Congress, and not by the ...
interfect's user avatar
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10 votes
5 answers
4k views

Would it be constitutional for a US state or the federal government to ban all homeopathic "medications"?

Would it be constitutional for a US state or the federal government to prohibit the sale of homeopathic "remedies"?
Someone's user avatar
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10 votes
1 answer
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In Indiana, can an apartment complex force you to remove social media posts if they pertain to the management?

I've been told that if you disagree with the management of this particular retirement housing organization which operates a Housing and Urban Development (HUD) facility here in Indiana (United States),...
100chilly's user avatar
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1 vote
1 answer
108 views

Constitutionality of restricting a Senator's speech for unruly behaviour or unparliamentary language

I spend a lot of time participating in mock Congress's and U.S. governments and recently a question came up regarding the constitutionality of Senate rules that prohibit a Senator from making ...
Vaughn's user avatar
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2 votes
0 answers
62 views

Are there examples of the Court making a decision based on Jackson's Youngstown tripartite test, where they said the case was in the second category?

In Youngstown Sheet & Tube Co. v. Sawyer, in a popular concurring opinion, Justice Jackson setup a tripartite framework for evaluating the President's proper authority: When the President acts ...
JoshuaD's user avatar
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1 vote
1 answer
209 views

Would the Guillotine be considered "cruel and unusual"?

History of the Guillotine In the first days of the French Revolution, the staunch advocate for the abolition of the death penalty Joseph-Ignace Guillotin was unsuccessful in getting the assembly to ...
Trish's user avatar
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0 votes
2 answers
108 views

What constitutional limit, if any, exists on disciplinary actions imposed in non-criminal cases?

In Ingraham v. Wight, the US Supreme Court ruled that the Eighth Amendment's prohibition on cruel and unusual punishment does not apply in non-criminal cases. Due process is still required, but the ...
Someone's user avatar
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-2 votes
1 answer
74 views

Is the passage of an unconstitutional law "lawless action" for the purpose of First Amendment protection?

Speech intended to incite imminent lawless action is not protected by the First Amendment. Is the passage of an unconstitutional law "lawless action" for this purpose? Suppose someone who is ...
Someone's user avatar
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3 votes
4 answers
756 views

Do courts declare acts of the legislature unconstitutional?

Do courts declare acts of the legislature (or Parliament, etc.) unconstitutional?
Jen's user avatar
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-3 votes
2 answers
232 views

Why did the Marshall Court actually rule that part of the Judiciary Act was unconstitutional?

Marbury v. Madison, 5 U.S. 137 (1803), decided by the U.S. Supreme Court's Marshall Court, is famous for being the case most strongly associated with giving the court the power to rule statutes ...
R-Obsessive's user avatar
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20 votes
3 answers
7k views

If everyone in the Senate is drunk, does that invalidate their actions?

Say that the Senate, House, and President decide to drink themselves to the point when you wake up next to someone and have no idea what they did last night to end up that way. And for some reason ...
R-Obsessive's user avatar
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-1 votes
1 answer
125 views

Two terms for a president [duplicate]

If a Vice President becomes President on the death of a President such as with LBJ and the election is not for two years. Are they allowed to stand for two addition terms or is the rest of the term ...
MiscellaneousUser's user avatar
3 votes
3 answers
183 views

Can a circumstance, as opposed to a law, be challenged as unconstitutional? How?

Is there any legal precedent of a person claiming a situation or state of affairs violated their constitutional rights or was against the Constitution - that is, not that there was an unconstitutional ...
Julius Hamilton's user avatar
2 votes
3 answers
161 views

Now is it legally possible to hold political office in two countries at the same time?

For example, are there two or more countries where there is no requirement on a head of government to give up dual citizenship? If so, the technical possibility of becoming the head of two countries (...
Chris Sanders's user avatar
5 votes
1 answer
2k views

Can a judge be barred from office under the 14th amendment for offering aid and comfort to an insurrectionist?

I recall that in recent history, a certain Florida man who is seeking to run for the presidency of the United States for a second term was taken to court in Colorado under the premise that since this ...
Monty Wild's user avatar
1 vote
4 answers
203 views

What does it mean to be "bound" in law?

What does it mean to be "bound" in law?
Jen's user avatar
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-4 votes
4 answers
239 views

Will of the people vs. the "insurrection" section 3 of the 14th amendment [closed]

On December 19, 2023, The Colorado Supreme Court has ruled that "President Trump is disqualified from holding the office of President under Section Three [of the 14th amendment]". The legal ...
Peter - Reinstate Monica's user avatar
1 vote
1 answer
188 views

Can a government commit a crime?

Can a state government be convicted for a federal crime, or can the federal government be convicted for a state crime? The latter situation could happen despite the supremacy of federal law over state ...
Someone's user avatar
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4 votes
1 answer
149 views

Has the constitutionality of day-fines been challenged in the US?

Day-fines are a type of fine, common in many European countries, in which the amount of the fine is based on both the severity of the offense and the income of the offender; thus, an investment banker ...
Someone's user avatar
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2 votes
1 answer
107 views

Safety of Rwanda (Asylum and Immigration) Bill

The UK government has drafted legislation to the effect that Rwanda is a safe country to which to deport illegal migrants, which may or may not be true in fact: https://assets.publishing.service.gov....
whispersan's user avatar
1 vote
2 answers
150 views

If the legislature wrote into law "black is white", how would the judiciary react? [duplicate]

If the legislature were to write an untrue "fact" into law, such as "black is white" or "all oranges are blue", how would the judiciary deal with it? I'm particularly ...
whispersan's user avatar
7 votes
2 answers
1k views

Can a person be convicted for violating a law that had been ruled unconstitutional by a lower court but was later reinstated?

Suppose that the Court of Appeals for the Ninth Circuit has ruled that a federal law is unconstitutional. Because I live in the Ninth Circuit, I am now allowed to "violate" the law. What if ...
Someone's user avatar
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-4 votes
2 answers
122 views

Is it constitutional to require that certain drivers have no detectable alcohol in their bloodstream without religious exemptions?

It would likely be unconstitutional for a state to prohibit minors from consuming small amounts of alcohol for religious purposes, such as Communion in Christianity. It is possible, although unlikely, ...
Someone's user avatar
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2 votes
1 answer
85 views

Texas - New Mexico Razor Wire Fence vs Interstate Commerce

This question is related to Gov. Abbott's order to have the Texas National Guard install 18 miles of razor wire between Texas and New Mexico. Based on: Original Abbott Post (Twitter) San Antonio ...
G. Putnam's user avatar
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12 votes
4 answers
2k views

Why does Art. 103 of the German Basic Law forbid a second trial after an acquittal?

The German Constitutional Court (Bundesverfassungsgerichts) recently ruled that a second trial (due to new evidence) after a previous acquittal violates the German constitution: BVerfG urteilt zur ...
sleske's user avatar
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1 vote
0 answers
24 views

Can penalties for civil wrongs be retroactively increased by law?

This question is similar in nature to this one, however, my focus is on environmental law which is typically enforced via civil penalties. Recently, the State of NJ passed something called the ...
Pyrotechnical's user avatar
6 votes
1 answer
1k views

What does Section 2 of the 21st Amendment to the US Constitution do?

Section 2 of Amendment 21 to the US Constitution says the following: The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of ...
Someone's user avatar
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2 votes
1 answer
548 views

Could the US fed gov reduce a state's minimum wage?

I am aware the Fed can create a minimum wage law that is more restrictive than a state's, but could it nullify a state's minimum wage law and force it to be lowered?
user84614's user avatar
10 votes
3 answers
3k views

Can penalties be increased retroactively by statutes?

Would a law retroactively increasing the penalties for a crime, but not criminalizing any formerly legal action, be constitutional, or would it be considered ex post facto?
Someone's user avatar
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1 vote
2 answers
303 views

How do internal border checkpoints with warrantless searches fit with the 4th amendment?

Some amendment rulings consider things not taken into account at the time they were written, but I would think they were well aware of border checkpoints at the time even, and the idea for internal ...
user avatar
1 vote
2 answers
263 views

Doesn't Article III of the U.S Constitution allow for "regulations" like those of the Judiciary Act of 1789?

This question pertains to Marbury v. Madison. I'm a bit unsure as to why SCOTUS ruled the way it did. The Judiciary Act of 1789 (Section 13): The act to establish the judicial courts of the United ...
aSquaredRush's user avatar
2 votes
1 answer
181 views

Do letters of marque and reprisal need to be signed by the President?

If both houses of Congress vote to grant a letter of marque and reprisal, does the President need to sign it (or have a veto overridden) in order for it to be valid? (I do understand that this power ...
Someone's user avatar
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