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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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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1answer
76 views

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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1answer
760 views

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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1answer
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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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1answer
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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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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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1answer
110 views

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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1answer
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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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1answer
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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
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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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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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1answer
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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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1answer
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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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1answer
112 views

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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1answer
49 views

What are the criteria for a law to be unconstitutionally overboard when not related to speech

In my municipality, it states that to qualify as an animal "attack" that Actual physical contact is not required to constitute an attack." Per § 8.04.045 and that it is merely enough ...
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Would the federal decriminalization of marijuana under the MORE act supersede state-level criminal statutes?

Bill in question I haven't been able to find a clear answer to this question. I'm aware that there exists the Supremacy Clause which says that state laws cannot contradict federal laws. Another way of ...
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Can a pardon be issued clandestinely?

Say there exists some individual who is in danger of prosecution for federal crimes, though it's not yet certain what the exact charges will be, nor even whether the indictment will be made at all. ...
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149 views

If a judge evidences a misunderstanding of the law is that grounds for an appeal?

In criminal matters, if a judge makes statements during oral arguments that clearly show that the judge has a misunderstanding of the case law pertaining to the matter at hand, can the judge's ...
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Does the sixth amendment entitle me to know who called the county on me for a code violation?

Is my accuser the person who petitioned the county to investigate a code violation?
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1answer
140 views

Special immunity that newspapers do not enjoy

Pai said in a statement Thursday. “Social media companies have a First Amendment right to free speech. But they do not have a First Amendment right to a special immunity denied to other media outlets,...
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Could the federal government ban people from drinking coffee?

Which amendment does this statement violate? The federal government refuses to allow anyone to drink coffee.
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Which amendment does this violate?

Bob requests a lawyer to be present while the police interview him after being arrested. The police just laugh.
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410 views

Could the 14th amendment, section 3, keep Trump from holding office for a second term?

It seems widely agreed upon that even if a President breaks a law, he can only be removed from office through the impeachment process. However, could an incumbent president who wins a second term be ...
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1answer
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Why was no constitutional amendment needed to change the rules on succession to the Canadian throne?

In 2013 a statute altered the rules on succession to the throne in Canada. (Specifically, if a woman is the eldest child of the monarch then she inherits the throne upon the monarch's death even if ...
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1answer
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Who succeeds to a political party's presidential candidacy if the candidate withdraws before the election?

If a president and simultaneously a presidential candidate Trump would have to quit before the November vote the remainder of his presidency would of course be assumed by Pence, his VP and running ...

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