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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.

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Could the USA force all porn sites onto .xxx domain?

I've been working on various methods to block content from my home network and realizing all the holes in my schemes. But it occurred to me that it would be pretty simple if all the porn was on .xxx ...
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Can my non-EU wife be deported from France for a visa refusal?

I am a UK national. Can my non-EU wife be deported when we both live in France and I am a worker paying taxes, holding a French driving licence, a Carte Vital, self employed and also have a French ...
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Are laws requiring fees and classes to practice 2nd Amendment constitutional?

Would laws requiring citizens to pay for training courses and permits costs be ruled as unconstitutional if they were challenged? I only ask because, in Minnesota where I live I need to pay for a $60 ...
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Can the Queen still dissolve parliament?

Traditionally it has been the constitutional power of the monarch to dissolve parliament and trigger a general election at will. Ostensibly, the Fixed Term Parliaments Act of 2011 removed this power. ...
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Does the sixth amendment protect the right to compulsory process for other types of evidence?

As an example, would it protect the right for a defendant to get a subpoena for phone company records to try an establish an alibi? Read literally, the compulsory process clause only provides "...
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1answer
73 views

How courts can supercede constitutional rights

I am currently going through a domestic case with my recent ex-wife. Just the other day my public pretender, and that's not a spelling error, called me outside of the courtroom and asked me to plead ...
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3answers
108 views

Do you have to follow all the orders a police officer gives?

Saw a video on YouTube where a woman is being filmed in Walmart. From what I understood, she was being accused of shoplifting (I guess rolled the cart beyond the registers without paying?), and then ...
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1answer
19 views

What is prospective relief and executory decree?

In Plaut v Spendthrift Farm the court decided that a federal statute that requires federal courts to reopen final judgments that were ordered before the statute's enactment is unconstitutional on ...
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The necessary and proper clause

The Necessary and Proper Clause grants Congress broad authority to enact federal legislation” (U.S. v. Comstock) by “adopt[ing] any means, appearing to it most eligible and appropriate” (James Everard’...
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is a state-run monopoly a market participant?

Hypo: A state wishes to tax alcohol to raise revenue while at the same time protect their local producers. They have settled on accomplishing this by prohibiting the sale of liquor in privately-owned ...
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I am being harassed by the niche celebrities and their fans now, can I sue? [closed]

My first question about this: Can I sue the person who posted my private email online? After being reached out to on TV from the celebrities I learned that my private email that was shared online by ...
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If the POTUS (President of the United States) dies and the VP is sworn in, will the VP still be president if the president is found to be alive? [duplicate]

Let's call the POTUS Bob. Bob is presumed dead (example: after flying back to the US, Air Force One is shot down), and the Vice President (let's call him Fred) is sworn in; what would happen if the ...
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Test law for constitutionality without risking jail?

I was always sort of told that the constitutionality of a law could not be tested except by a "real" case. In other words, you had to violate a law to get it tested in court, and thereby risk jail ...
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Regarding the Constitutionality of Ranked-Choice Voting

I'm just starting to get into law studies as a highschooler, and here in the USA, in the state of Maine specifically, they have a system of voting called "Ranked-Choice". Now, from what I can tell, ...
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43 views

What are the limits of a 'Humble Address/Motion of Return' from Westminster's House of Commons?

The British Attorney General is making the argument that it cannot be right that the Commons has the power to ask for any paper produced by the government. “Where does it end?” Can the Commons use ...
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1answer
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Illegal to have a driver's license in multiple states?

In New Hampshire they have a law that it makes it illegal to issue a driver's license unless the person has no other license in another state: 263:4 Driver Limited to One License. – No person shall ...
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1answer
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The “compact” in “Agreement or Compact” (U.S. Constitution): legal terminology

The word compact is used in the "Compact clause" of the Constitution of the United States: "No State shall, without the Consent of Congress [...] enter into any Agreement or Compact with another State ...
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1answer
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What law designated the U.S. Marshals as non-military?

What is the code that says that the United States of America Marshals will not be seen as the military anymore?
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1answer
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I have a old question. What is the law that says the military will not be formed inless a abuse befalls a United States of America American? [closed]

I have a old question. What is the law that says the United States of America will not have a formed military and the United States of America Military will not grather, congergat or group inless a ...
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1answer
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Blumenthal v. Trump Do Senators have standing to bring suit?

In the Complaint filed today Blumenthal v. Trump (for text see [https://www.law.com/nationallawjournal/2018/11/19/senate-democrats-sue-trump-challenging-whitakers-appointment-at-main-justice/?slreturn=...
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1answer
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Dosso case in Pakistan

In 1958, a man named Dosso (who lacked a surname), was convicted of murder in Baluchistan under section 302 of the Pakistan Penal Code by a Loya Jirga (a tribal court). An appeal was made to the ...
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2answers
111 views

Is there any federal law in the US that protects its citizens from police harassment? Or is it up to the states [duplicate]

Can police officers legally stop and ask you for your id (not driving, but cycling cross country) or question you about your travels (where are you going, why.. etc) if they cannot articulate any ...
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2answers
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Is 18 USC §911 (false claim to US citizenship) still considered constitutional?

This statute reads: Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both. There is ...
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How is 14th amendment applicable to tourists and illegal immigrants?

14th amendment states "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States...". Given this wording how is it that foreign ...
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3answers
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Is the right to engage in scientific inquiry a fundamental right?

I am curious as to whether there is any precedent in the U.S. regarding the level of scrutiny applied to 14th amendment claims against statutes that hinder a person's ability to engage in scientific ...
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Has the civil service law ever been challenged in court by a president?

The Pendleton Civil Service Reform Act is one of the main reason why Federal employees often considered themselves as having a lifetime tenure, unable to be fired. Although the act certainly had a ...
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Can the federal government override a state making something illegal?

Friend and I were having about an argument about whether the federal government could just blanket legalize something. For example, would the federal government be able to pass a law preventing states ...
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1answer
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Can two federal questions involving separate actions be treated in the same case?

If some act is challenged as unconstitutional and another act is also challenged as unconstitutional, and the supposed unconstitutional actions were executed by the same defendant against the same ...
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3answers
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How are cryptocurrencies not illegal by the US Constitution?

The United States Constitution, Article I, Section 8 reads in part, The Congress shall have Power To coin Money, regulate the Value thereof, and of foreign Coin. From this passage, I understand ...
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2answers
112 views

Perjury in State of the Union message?

The Constitution requires the President https://en.wikipedia.org/wiki/State_of_the_Union to report to Congress on the "State of the Union". The Constitution is vague on the manner of reporting and ...
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1answer
105 views

If Gamble v. United States ends up creating a precedent, how could the federal and state governments agree on who gets to prosecute?

According to Wiki: The separate sovereigns doctrine holds that because the federal and state government are "separate sovereigns", the Double Jeopardy Clause does not apply to prosecution of the ...
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181 views

Could the Supreme Court prohibit abortion? (And other misconceptions about overturning Roe v Wade)

Here's my layman's understanding of Roe v Wade: A state had a law prohibiting abortion; That law was challenged all the way up to the Supreme Court; The Supreme Court found a right to abortion in the ...
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1answer
150 views

Does prohibition on titles of nobility make presumption of guilt impossible?

The US Constitution prohibits the US government from granting titles of nobility (article I, section 9, clause 8). Has it ever been formally established that giving any group, X, a priority of ...
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What would be considered as a true threat?

What is considered to be as a true threat? Let's say that there is a person who said to someone else "You deserve to die... Watch your back, I'm coming for you." which becomes an issue in court. On ...
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1answer
137 views

Procedure if two separate district courts issue nationwide and contradictory injunctions?

One issue that has not been conclusively decided by the courts is the constitutionality of DACA protections. For example, the Supreme Court has not ruled on whether or not DACA is constitution. Since ...
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1answer
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Can a sitting president of the United States be indicted by one of the states?

Some lawyers say a sitting president cannot be indicted, other lawyers disagree. Apart from that, does what they are saying apply to both federal and state indictments? I mean could the president be ...
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1answer
75 views

Is there any constitutional precedent or laws against bills of “anti"-attainder?

In South Dakota an attorney for adults sexually abused as children by priests and nuns contended that the state legislature passed a statute of limitations (in approximately 2010) preventing lawsuits ...
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Likelihood of jury selection procedure in this story

I had some questions about how jury selection works upon reading the following story that was shared to Facebook: A couple of years ago I got called for jury duty and made it through a couple of ...
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Would overturning Raich affect Filburn?

If SCOTUS decided that Gonzales v. Raich abuses the commerce clause to ridiculous proportions and overturns it, would they necessarily have to overturn Wickard v. Filburn also?
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What is the meaning of “High crimes and misdemeanors”

I have searched the internet for a coherent statement of the meaning of “high crimes and misdemeanors”, especially in the context of presidential impeachment. I have not been very successful. ...
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Is a president bound by employment contracts entered into by one of his predecessors?

The implication of the US Constitution is that the executive power is vested in the President, but where the laws overlap with this power it seems to be a gray area. For example, it would be plainly ...
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Statutory Basis for Screening Order

About six weeks ago I filed, as a pro-se litigant, a 1983 action in the district court of Arizona. When filing the complaint, the clerk told me she couldn't issue a summons because it related to ...
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1answer
85 views

Can the federal government tell San Francisco that they cannot allow non-citizen immigrants to vote

San Francisco passed a law allowing non-citizens to vote in school board elections. Representative Jeff Duncan introduced a bill that would strip all federal funds from any locality that allows non-...
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Effect of Cusco's Constitutional status as the “historical capital” of Peru

Article 49 of the 1993 Constitution of Peru states that Lima is the capital. It also states that Cusco is the "historical capital". That Cusco is the former and ancient capital would be universally ...
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1answer
115 views

Why are state income taxes not a violation of Section 9 of the Constitution?

A naive reading of Article I, Section 9 of the Constitution would seem to suggest that income taxes, which is the same thing as a "captitation" tax, a tax on a person, are not allowed: No ...
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Could the USA abandon common law?

I understand that the USA has a "common law" system and that ambiguous written legislation is turned into unambiguous law by courts, such as has happened in many famous Supreme Court rulings. My ...
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2answers
575 views

When was pretrial detention first declared constitutional?

I assume that early on in American history, pretrial detention was at some point challenged for its constitutionality. Is that the case? I have also heard that pretrial detention is illegal as a ...
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Is social security constitutionally protected public debt?

Section IV of the 14th Amendment to the US Constitution says "The validity of the public debt of the United States... shall not be questioned." The Social Security trust fund is currently projected ...
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106 views

Why are the promises President Trump made on the travel ban not relevant to determine whether the executive order itself is constitutional?

Today (26th of June 2018), the SCOTUS decided that the Sept. 2017 Executive Order banning travelers from several predominantly Muslim countries from entering the United States (the "Travel Ban") does ...
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Plea Deals and Pardon

Assume that a defendant (assume Paul Manafort or other indicted figure in the Mueller investigation) accepts a plea deal that requires their cooperation in related cases. The terms of the deal are ...