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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Why is it illegal in some states to rent out part of one own's home, if both parties agree to it? [closed]

In some states like New York for example, there are many laws regarding the limitations of how one is allowed to rent out parts of one own's home (assuming one owns the building) or apartment. The ...
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Why do unitary states have constitutional rights? [closed]

In a federal state the federal legislature and the legislatures of the regions within the federation each have their own particular roles and competence which is defined in the federal constitution. ...
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Is the embargo against Cuba unconstitutional?

The Supreme Court ruled in Citizens United v. FEC that government restrictions on spending for political purposes are prohibited by the First Amendment. Would that make the economic embargo against ...
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Did the constitution authorize other states besides the original 13 to join the union?

When reading the Constitution I came across this SECTION. 10. 1 No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of ...
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Legal or Political nature of Impeachment of a US President

In the United Kingdom the Prime Minister (broadly equivalent to the US President although the PM is not head of state) has to stand down if the government loses a vote of "no confidence" in ...
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Was the Constitution meant to be perpetual?

Was the Constitution of the United States meant to be perpetual? The Constitution replaced the Articles of Confederation which specifically says is perpetual yet the constitution has no such wording. ...
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Power of Attorney Process Between 2 Individuals residing in Different states

Can my brother in Florida give me his Power of Attorney when I reside in North Carolina, not Florida?
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How is a plain-clothes officer entering your house not an unreasonable search?

In Wooden v United States: Wooden was sitting at home one evening when he heard a knock at his door. He answered to find an unknown man, who asked to speak with Wooden’s wife. Wooden invited the ...
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Who adjudicates whether a Bill contains "any provision to extend the maximum duration of Parliament beyond five years" as per the Parliament Act 1911?

The Parliament Act 1911 (in the UK) gives the House of Lords different levels of power over a bill that has been passed by the House of Commons, depending into which of three categories the bill falls:...
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What happened non-delegation of fiduciary duty?

I've read several phrases; they seem to have similar intent but translate somewhat differently: at common law, trustees had a fiduciary duty not to delegate tasks they can perform themselves. ...
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A Judge Has Blocked The 'Anti-Riot' Law Passed In Florida

A Judge Has Blocked The 'Anti-Riot' Law Passed In Florida The constitution prevent Congress from abridging the right to peaceably assemble: Congress shall make no law respecting an establishment of ...
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Can you challenge constitutionality "en passant" as part of a different legal procedure?

In the US (federal) legal system, is a party to a legal procedure (criminal, civil, etc.) which is not, directly and in itself, concerned with the constitutionality of any law or regulation - ...
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Bivens action vs § 1983 in the context of Constitutional tort

The legal information institute has a definition of “constitutional tort” that says: A constitutional tort is a violation of one’s constitutional rights by a government employee. The alleged ...
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What is the standard of review typically used for zoning regulations in the US?

I gather this may vary by state, but in NH at least (since 2006), rational basis review is the standard used for judicial review of zoning regulations/ordnances. The [NH Supreme] Court held that the ...
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Why has there not been a SCOTUS interpretation of this?

While reading the constitution I came across this came across this: “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall ...
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US Constitutional text question / federalist papers / republic by definition ..opinion [closed]

if "treason" against the government was needed to save the country, would "treason" not be a duty? regardless of the current state of the United States(current politics out of ...
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Could attempting to codify case law that was decided many years ago open up the legal question again?

As of right now, gay marriage is legal based off of the case law resulting from the decisions of United States v. Windsor and Obergefell v. Hodges. These cases struck down Sections 2 and 3, ...
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What barriers are there for states to challenge the announced federal mandate for large employers to vaccinate their staff?

In September 2021, an article reported the following. My job as president is to protect all Americans," Mr. Biden said Thursday. "So tonight, I'm announcing that the Department of Labor is ...
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Can a railroad bar a property owner from access to their property?

A 90+ acre tract of land has CSX railroad on it. The property owner in this rural area hunts on the property. In fact the back half of the tract of land is bounded on three sides by the rail main ...
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What is the legality of the vaccine mandates in British Columbia, Canada?

British Columbia unveiled a plan to require proof of COVID-19 vaccination for entry into multiple settings, including but not limited to restaurants, bars, gyms, night clubs, indoor ticketed events, ...
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Is it constitutional for a state law to effectively mandate that a provision cannot be overruled by a federal court except the Supreme Court?

The Texas SB.8 law has this is obscure provision: Sec. 171.209. CIVIL LIABILITY: UNDUE BURDEN DEFENSE LIMITATIONS. (a) A defendant against whom an action is brought under Section 171.208 does not ...
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Does double jeopardy apply to the Texas abortion bill?

Suppose Alice performs an abortion, and Bob files a suit based on Texas SB8. Can Charlie also file a suit against her? Could a million people file suits asking for $10k each?
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Is calling abortionist criminals defamation?

According to well-established precedent, Texas' heartbeat bill is not valid law. Is it therefore defamation to claim that those who violate it are "breaking the law"? Also, even if the bill ...
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This is an independent group called the 'Vaccine Control Group' selling ID cards stating they "must not be vaccinated"

Is the sale of these cards from legal standpoint, well legal? Are businesses required to follow what these ID cards say? https://vaxcontrolgroup.com/
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What if an American state ratified an article to its constitution that blocked judicial review?

Basically, if an American state added an article to its constitution, via the relevant mechanism that allows it to do so, that proscribed state and federal courts from striking down its legislation, ...
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Why is banning "vaccine passports" unconstitutional?

CONTEXT: Florida has tasked the Department of Health to fine businesses / government requiring proof of vaccination to be fined $5K: The Florida Department of Health will begin enforcing the state’s ...
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Would a S.B.8-style law that were to enforce a vaccine mandate be in the same constitutional bucket (as S.B.8)?

The Atlantic suggests this analogy-of-sorts regarding Texas' recent S.B.8 law, limiting abortions by allowing private citizens to sue providers to enforce the law's mandate: Imagine if Massachusetts ...
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Are children allowed to pray at goverment schools?

I was once told on the internet that there is no actual ban on religion at government schools in the US. The issue is actually that public school teachers are considered agents of the state and are ...
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What does an administration need to show in court so that its change-of-policy decisions are not judged "arbitrary and capricious"?

Regarding a recent SCOTUS decision on the "remain in Mexico" program, I've read that: The Supreme Court on Tuesday said the Biden administration likely violated federal law in trying to end ...
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Would a Surrogate Parent's Right to Abortion Supersede Parental Rights?

Would a Surrogate Parent's Right to Abortion Supersede Parental Rights? Under the Hague Convention, Parental Rights are determined via the last shared and well-settled intents of the parents. (At ...
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Can a state governments outsource actions that are illegal for the state government to perform?

There is some history behind oppression by proxy: both Nazis and Communists sponsored pro-government militias that committed violence on the respective governments' behest while the governments denied ...
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Lord Hailsham and Learned Hand - Two Addresses

I've been reading some broad and general books on constitutional and public law of England and Wales. A number of works are often cited, e.g. Lord Bingham's Rule of law, Bagehot's The English ...
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How can a business challenge a law or town ordinance without breaking it?

In many cases towns and cities have unconstitutional laws on their books. For example, recently the Supreme Court ruled that blanket give-all-records-to-police hotel ordinances were unconstitutional. ...
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Constitutionality of outlawing recording of court proceedings in the United States

In the United States courts seem to be supposed to be public proceedings. For example, if a criminal trial is going on, I believe in most cases I cannot be prevented from entering that room and ...
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Would a U.S. President's Executive Orders be nullified if he/she is removed from office via the 25th Amendment?

I am curious to know if the Executive Orders of a U.S. President would be nullified if he/she is removed from the Office of the Presidency via the 25th Amendment, especially if it is proven that he/...
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Can a SCOTUS hearing on constitutional matters be hung?

I'm assuming that constitutional matters at a federal level are decided by a panel of judges. Is it then possible for such decision to be hung like what can happen with juries? Are judges allowed to ...
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Is litigation required for SCOTUS to judge the constitutionality of an issue?

I made an observation in another thread about mandating vaccines that it would probably be a good idea for those who are for the idea of mandating vaccines, that its constitutionality should first be ...
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Does the U.S. Constitution place any limitations on how long a U.S. President can be on vacation?

I am curious to know if the U.S. Constitution places any limitations on how long a U.S. President can be on vacation.
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What would happen to California’s recall effort if the governor resigned?

In California a recall election of Gavin Newsom is underway. If he resigned during the voting, would the election be called off? Would the Lt. Governor become the Governor? If so, how late into the ...
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Do vaccine mandates amount to religious discrimination?

Inspired by this answer, do vaccine mandates amount to religious discrimination? Could a restaurant refuse to serve unvaccinated individuals, even including those with sincere religiously-founded ...
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Is it against the constitution to require restaurants to only serve people with a vaccine certificate in the United States?

I heard that New York is implementing a vaccine certificate for people who want to do certain indoors activities such as going to the cinema, eating and training, so I was wondering if that was ...
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What does Right of Privacy includes in India?

Is there any Right to Privacy in India? Where is it applicable? Is it applicable for minors too? Can it stop parents from reading their kids' diaries? Or from reading their texts? In which part of the ...
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If a House member is barred from the House for not wearing a face mask, does that House member's constituents lose their representation in Congress?

I am wondering if a House member is barred from entering the House side of the U.S. Capitol Building for him/her choosing not wearing a face mask, while that House member is barred from the House side ...
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When an old Supreme Court ruling is overturned by a new one, how is this explained philosophically?

When a new SCOTUS ruling overturns an old one, what is the philosophical difference between the two rulings? It seems to me that there are two possible explanations; either the old ruling was a ...
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Does Seila Law allow the U.S. president to fire anyone working in any U.S. agencies without cause?

https://en.wikipedia.org/wiki/Seila_Law_LLC_v._Consumer_Financial_Protection_Bureau Does Seila Law v. CFPB allow the U.S. president to fire anyone working in any U.S. agencies without cause? I am ...
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Power of the IRS

Imagine that the IRS is auditing somebody's tax return. The auditor thinks something is wrong with the return. However, he/she is not sure and does not have any hard facts on what is wrong. The ...
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Do corporations have any constitutional rights?

An existing answer establishes fairly well that corporations in the United States do not have Fifth Amendment rights against self-incrimination. That leads me to wonder, do corporations in the US have ...
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Aren't there first amendment issues with the way the Biden Administration is telling Facebook et. al. to delete "covid misinformation"?

We have recently learned that the Biden administration is flagging Facebook posts for vaccine-related misinformation, with the expectation that FB will delete them. Doesn't this run afoul of the ...
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Can constitutional matters brought to the Supreme Court be deferred if Congress has yet to fully determine its stance on the matter?

I saw at the following wiki page, that the supreme court has decided not to hear a constitutional matter while admitting there is a constitutional issue in need of addressing. Saying the following... ...
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In what cases has the High Court of Australia held a federal law unconstitional and invalid?

The High Court of Australia has the power of judicial review of legislation, including federal legislation made by the Parliament of Australia, for conformity with the Constitution of Australia, and ...

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