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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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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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 answer
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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
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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 answer
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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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2 answers
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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
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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
709 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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2 answers
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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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21 votes
3 answers
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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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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
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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 H.'s user avatar
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2 votes
3 answers
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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
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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
165 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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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
147 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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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
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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
143 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
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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
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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
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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
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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
512 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
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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
216 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
166 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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1 vote
2 answers
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What is the statutory basis for the existence of "judicial advisory committees" in Canada?

The Office of the Commissioner for Federal Judicial Affairs states, on its website, that one of its responsibilities is related to the appointment of federal judges: managing the Judicial ...
Jaredo Mills's user avatar
1 vote
1 answer
175 views

What Act of Parliament established the Office of the Commissioner for Federal Judicial Affairs in Canada?

The website of the Office of the Commissioner for Federal Judicial Affairs Canada states that the office was established in 1978, but gives no reference to the statutory provision that establishes it. ...
Jaredo Mills's user avatar
-5 votes
2 answers
183 views

Can a cashier refuse to service for tobacco because I was on the phone before the sell

I had plenty of types of ids and I had no one in my car just was talking to my wife while heading home. He said that he can’t serve me because he doesn’t know if whoever I was on the phone with was a ...
Tyz's user avatar
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0 votes
0 answers
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New Mexico's Governor issues emergency suspending constitutional rights

https://apnews.com/article/albuquerque-guns-governor-concealed-carry-fc5b4b79bf411b8022c3ad58975724d7 New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right ...
Digital fire's user avatar
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0 votes
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In Section 3 of the 14th Amendment, what does "enemies thereof" refer to?

In Section 3 of the 14th Amendment, it seems to me that "enemies thereof" would be the standard "enemies of the United States", but much of the "aid or comfort" ...
j.i.h.'s user avatar
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1 answer
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Does it say anywhere in the tax code that it is a law to pay FEDERAL taxes [duplicate]

I thought I heard there was one court case of a sovereign citizen who asked the question of the prosecution where in the tax code it says that paying federal taxes is the law. When the prosecution was ...
Lee Beck Davila's user avatar
7 votes
1 answer
2k views

NASA and the president's power

If the president of the United States felt that we spend too much on NASA could he/she simply not spend the money that Congress has authorized? For example, could he lay off NASA employees and not ...
Bob's user avatar
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0 votes
1 answer
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Suing over 14th Amendment [closed]

Is it possible for a registered voter, on behalf of the Voters of the United States, to sue Trump for violation of the 14th Amendment?
Curious's user avatar
7 votes
1 answer
348 views

What if someone serving time in a state prison gets elected president?

What if someone serving time in a state prison gets elected president? Would it be legal for the state to continue to incarcerate a US president? Can he order himself to be released (for example, on ...
MWB's user avatar
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-3 votes
1 answer
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ABRA Powers violative of human rights act

Parliament tomorrow passes the Arbitrary Bullocks Removal Act 2023, entitling (but crucially not obliging; in other words, bestowing a power though not a duty) the minister of Justice to arbitrarily ...
TylerDurden's user avatar
24 votes
3 answers
7k views

Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

In Justice Roberts's ruling in Students for Fair Admissions v. Harvard College overturning affirmative action in the United States, he holds that "Harvard’s and UNC’s admissions programs violate ...
Very Tiny Brain's user avatar
1 vote
2 answers
351 views

Why aren't the laws banning Nazi symbols in Australia unconstitutional?

Recently, in Australia, a number of state governments have passed laws banning the display of Nazi symbols, and in the last few weeks, the federal government has been talking about passing a law about ...
nick012000's user avatar
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-1 votes
1 answer
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Could they subpoena Mike Pence to testify whether he knew that Trump had taken classified documents out of the White House?

In regards to the trial that will take place in the future regarding the issue of former U.S. President Donald Trump mishandling classified documents, I was just wondering if former Vice President ...
user57467's user avatar
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12 votes
3 answers
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Is it true that the Chief Justice granted royal assent to the Online Streaming Act?

Within the first minute of this video it is asserted that, although the royal assent to Canadian legislation is normally granted by the governor general, in this case of the Online Streaming Act it ...
Michael Hardy's user avatar
5 votes
1 answer
465 views

What was the basis/reasoning for Pennsylvania's Supreme Court decision to declare the state old-age assistance program unconstitutional in the 1920s?

I read that From 1918 to 1927 [Abe] Epstein served as research director of the Pennyslvania Commission on Old Age Pensions. In that capacity, he was instrumental in having the State adopt an old-age ...
Dolphin 613 Motorboat's user avatar
7 votes
1 answer
1k views

Constitutional Race-Conscious Policies

In 2021, the Biden administration created a loan forgiveness program that excluded white farmers. It was ruled unconstitutional and a violation of equal protection. (Wynn v. Vilsack et al) Washington (...
Test's user avatar
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-5 votes
1 answer
177 views

What provisions existed in UK law for handling a tied Brexit vote?

The UK left the European Union because of a public referendum where 51.8% of the votes were in favour in leaving the EU. Suppose it had resulted in an tie, i.e. 50% in favour of leaving the EU, 50% ...
Prashant Akerkar's user avatar
5 votes
4 answers
5k views

Does art. 12(1) of the German Basic Law require students to be automatically graduated regardless of grades?

In this post, it notes that art. 12(1) of the basic law (the constitution) says: All Germans shall have the right freely to choose their occupation or profession, their place of work and their place ...
tryst with freedom's user avatar
-5 votes
3 answers
237 views

Can political parties becoming public?

Can political parties become public? For example, could the Democrat and Republican parties in the US carry out initial public offerings (IPOs), listing shares on NASDAQ and NYSE?
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