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 authority (or authorities) have established the status of State ratifications of U.S. Constitutional amendments?

Background In the Untied States, the NARA is the authority that receives all final documents related to the State ratification of a United States Constitutional amendment as implied on the NARA ...
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What does “dormant” mean in the Dormant Commerce Clause?

I think I understand the clause itself, but I'd like to develop some intuitive understanding of why Marshall used the word "dormant." I read the quotes of his decisions where he introduced the word, ...
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How different is the French juristical system from the German one?

How different is the French juristical system from the German one? If you have studied French law, can you become a German lawyer, and vice versa (specifically an intellectual lawyer)?
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Under what rule do bills etc. die (US Congress)?

It is generally accepted that when a bill (for example) is introduced in one house of Congress, it must be approved by both houses before that Congress adjourns. A bill approved by one house cannot be ...
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Why isn't stalling an impeachment considered an obstruction of justice?

First and foremost, is it correct to consider the process of impeachment and removal, in the US Constitution, a process of justice, but one administered in a political context? (That is, the opposite ...
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What prevents the DOJ from charging Democrats in Congress under U.S. Code § 2383?

18 U.S. Code § 2383 states Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or ...
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Is the invalidity of the Data Retention Directive completely retroactive and what are the implications w.r.t. the Charter of Fundamental Rights?

On 8 April 2014, the Court of Justice of the European Union (CJEU) declared the 2006/24/EC Data Retention Directive (DRD) invalid because it violated the rights guaranteed by Articles 7 & 8 of the ...
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What is the meaning of “equality” in the South African constitution

In the South African constitution, the beginning of Chapter 1 reads: The Republic of South Africa is one, sovereign, democratic state founded on the following values: (a) Human dignity, ...
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Which powers can the President delegate to other officers or employees of the Executive Branch?

The President is the head of the Executive Branch of the United States Government. As the head of the branch a lot of things are formally done by the President, but in actuality many tasks are ...
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Is the worst version of the accusations against President Trump impeachable?

Suppose the president of the US demands foreign leader X have X's state conduct an investigation into corrupt dealings of a family member of a former member of the previous US administration (and a ...
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3answers
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Does encoding constitutional rights in state law have any effect?

According to https://local12.com/news/local/student-religious-liberty-act-sponsor-says-it-protects-rights-critics-say-its-not-needed, Rep. Catherine Ingram argued that a recent bill in Ohio - ...
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Aliens voting in Federal elections

I've read that a Federal law prohibits non-citizens from voting in Federal elections. I'm not a lawyer, but from reading the original Constitution and all the amendments, I don't see anything that ...
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Can impeachment proceed after a resignation? [duplicate]

Can a federal official be impeached and convicted after he has resigned or otherwise left office? (For example, could the impeachment of President Nixon have proceeded after his resignation? Or could ...
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What is the Basis in Law that an “Investigation 'Quid Pro Quo'” is Unlawful or Unconstitutional?

In cases of investigating election fraud, there seems to be a potential for a conflict of interest no matter who investigates it. So, why can't the White House investigate campaign issues (involving ...
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If Virginia ratified the Equal Rights Amendment, would it go into effect?

In the Nov 2019 election, the Democrats won the majority of both Virginia state houses, and there is some discussion that Virginia could be the 38th state to ratify the (proposed) Equal Rights ...
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Could Trump shoot 100 House Democrats and avoid prosecution, at least while in office?

A lawyer for Trump named Consovoy said in court that Trump was immune from prosecution even if he shot someone in the street. If Trump killed 100 House Dems, then the Democrats would certainly no ...
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Does the part of the First Amendment about Free Speech apply to non citizens everywhere?

The question is very simple: does the free speech protection provided by the First Amendment apply to non US citizens and does it apply anywhere, outside US territory, protecting these people as ...
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Is the restriction on receiving a “present” in the Emoluments Clause applicable?

The Emolument Clause: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept ...
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Having multiple residences

Let's suppose I'm a citizen of Italy, France and Belgium and let's suppose I own 3 houses in respectively, Bologna, Paris and Brussels. As far as my supposedly countries of citizenship are concerned, ...
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1answer
118 views

Why doesn't the Second Amendment allow physically fit non-criminal adults to own militia (National Guard) arms?

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. As mentioned in the title, that tells me in 2019 that ...
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1answer
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If a supreme court judge makes a constitution violation sentence, are those who follows it violating the law, or those who follows the constitution?

If a supreme court judge makes a sentence which violates the constitution, who is violating the law, those who follows the sentence, or those who follows the constitution? Can people in executive ...
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5answers
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Can the US Senate disqualify a former President?

In summary, the answer to "Can a US President, after impeachment and removal, be re-elected or re-appointed?" was "Yes, unless the Senate votes by simple majority to add the penalty of ...
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1answer
511 views

What Supreme Court cases, other than Nixon v. United States, have directly applied or interpreted U.S. Const. Art. I, Section 3, Clause 6?

Background Impeachment in the United States is mostly handled by the legislative branch alone. Hence the Courts have not typically applied restrictions or said much about impeachment other than Nixon ...
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Does Executive Privilege override 5 U.S.C. App. §8H (c)?

With respect to the testimony of Acting Director of National Intelligence McGuire before the Permanent Select Committee on Intelligence, U.S. House of Representatives on September 26, 2019, that as a ...
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Airport Security - advanced check, 4th amendment breach

I am a traveller, have a long Muslim name and I encounter frequent advanced searches at airports. Searching someone based solely on their name is obviously illegal as per the 4th amendment, but I ...
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1answer
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Can a soldier enforce federal law?

I was reading a book(fiction) recently and a kidnapping happened. A woman escaped and ran into several people. One of them being a soldier with his wife. As the kidnapper tries to find the escaped ...
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Citing a country's constitution in OSCOLA style

How do you cite a country's constitution in the the Oxford University Standard for Citation of Legal Authorities (OSCOLA) style?
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1answer
610 views

What law grants life tenure to federal judges in the US?

In the United States, what law grants life tenure to federal judges? The Good Behaviour Clause of the Constitution says: The Judges, both of the supreme and inferior Courts, shall hold their ...
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Can Congress overrule Marbury v. Madison by statute?

Can the United States' Congress pass a statute (by simply majority of both houses, then signed into law by the President) which says: Using the power granted to us by Article III, Section 2, clause ...
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County of Sacramento v. Lewis - who owned the motorcycle?

In County of Sacramento v. Lewis oral arguments, as found on Oyez, Justice Scalia said, questioning the counsel for respondent Philip Lewis And he owned the motor cycle, didn't he? And he ...
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Can the TSA still give you a pat down even if you change your mind about flying?

I recently discovered that the TSA will pull you aside and inform you that they have to give you a full pat down for failing to empty everything out of your pants pockets before going through the ...
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1answer
68 views

Legal test of the constitutional authority Congress to impose wage and price controls

In 1971, using authority delegated to him by Congress, President Nixon imposed wage and price controls to try to get inflation under control. This was known as the Nixon Shock. There was a district ...
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1answer
337 views

Are there any Supreme Court cases that have directly issued rulings citing the 25th amendment?

Background Amendments to the U.S. constitution have been cited in rulings of Supreme Court cases, the 14th amendment is a notorious one and the 2nd amendment is another good example. I have been ...
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1answer
120 views

The US Constitution endorses a right to “keep and bear” arms. What about buying, selling, and manufacturing guns?

The text of the 2nd Amendment of the US Constitution reads: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be ...
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1answer
94 views

Is the 14th amendment restriction on apportionment applied to women after the 19th amendment?

Part of the second clause of the 14th amendment reads: when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in ...
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1answer
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City laws and ordinance

I'm trying to find out if the city of Oklahoma has the right to tow my car out of my drive way even if it's not in running condition
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Can a US President, after impeachment and removal, be re-elected or re-appointed?

This answer in its present form states If Donald Trump were impeached and blocked from running again (which is one of the things that impeachment can do, disqualify from office)... Is that true? ...
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Emoluments case

It's my understanding that the Trump Administration is or was facing two emoluments related cases. The first regarded a hotel and the case was dismissed. The second was brought by 198 members of ...
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2answers
2k views

Will a contempt of congress lawsuit actually reach the merits?

Hypothetical Scenario: Kellyanne Conway is subpoenaed by the House Oversight committee for Hatch Act violations. Conway appears but tells the chairman that he is a fraudulent partisan grandstander, a ...
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1answer
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Is the premise of Robert Mueller about how a sitting President cannot be indicted imply that a sitting President is above the law?

Background In page 213 of the Mueller Report, the Special Counsel team describes thier considerations that guided their obstruction-of-justice investigation. First, a traditional prosecution or ...
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1answer
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Can US Supreme Court justices / judges be “rotated” out against their will?

In last night's US Presidential Debate, candidate and US Senator Bernie Sanders asserted the option of being able to "rotate" Supreme Court judges / justices to other courts. As quoted in The Hill: ...
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Which supersedes the other, laws or treaties?

The Supremacy Clause of the U.S. Constitution states that the Constitution, laws and treaties are the supreme law of the land. Obviously, the Constitution supersedes both laws and treaties, but which ...
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2answers
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What do “constitutional” and “unconstitutional” really mean in the US?

People in the US often talk about how some laws, decisions, ruling, executive orders are "unconstitutional", but what does that word mean? Does "constitutional" mean "obeying only the Constitution", ...
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1answer
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Could using Private Journals be a violiation if used against someone in the court of law?

What is the legal basis for the prosecution to use ones private journal against them in the court of law. If so why is this not a violation of the right not to testify against oneself. If i have ...
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1answer
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Stands the Patriot act on the same footing as the Enabling act in Nazi Germany? [closed]

We all know that after 9/11 the Patriot act was constructed to give the U.S.A. more power in combatting Islamic terrorists (the war on terror). After the fire in the Reichstag in Nazi Germany, the ...
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1answer
99 views

Will the equal rights amendment actually have an effect on any existing statute?

Was watching John Oliver last night and he had a whole feature on the Equal Rights Amendment. What is the point? Are there any current statutes that could be affect by this amendment, anywhere? We ...
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1answer
170 views

Can one go to jail for not abiding by the letter of the law but abiding the spirit of the law?

What if there is a clash between the spirit of law and the letter of law and my actions only abide by the spirit of law but not the letter of law?Is there a chance that I might go to jail?
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Can a US state pass/enforce a law stating that a group of people owe money to the state government?

What restrictions or prohibitions does the US Constitution or federal law set in place for states requiring citizens to pay money to the government? If my understanding is correct, there are several "...
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1answer
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can a person paroled from a 15 year to life sentence contest the constitutionality of the state law that sentence?

I was sentenced to 15 years to life in 1984 under NY's Persistent Felony offender statutes (NY Penal Law 70.10 & NY Criminal Procedure Law 400.20) for a gun charge (CPW 3rd degree) which normally ...
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Is presenting a play showing Military characters in a bad light a crime in the US? Or does the First Admendment prevent this?

This is a followup to Is it illegal to wear military surplus clothing? US Law 10 USC 771 provides that only members of the US military may wear: ...the uniform, or a distinctive part of the ...