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.

Filter by
Sorted by
Tagged with
3
votes
1answer
79 views

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 ...
-1
votes
2answers
80 views

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 ...
13
votes
2answers
789 views

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 ...
5
votes
3answers
115 views

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 ...
9
votes
1answer
749 views

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... ...
4
votes
1answer
218 views

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 ...
1
vote
2answers
109 views

Can citizens exercise constitutional right to abolish state government?

Could U.S. citizens realistically abolish their state government, if that power is declared in their state constitution, but no methods are described? If they could, would that state face federal ...
0
votes
1answer
44 views

Question regarding Heller decision

I was perusing the SCOTUS Heller(thanks to poster in another question) decision and found this within PDF We therefore assume that petitioners’ issuance of a license will satisfy respondent’s ...
2
votes
4answers
157 views

Can Hawaii secede from the U.S. through legal means?

Can Hawaii secede from the U.S. through legal means or is it forbidden by U.S. law? I am asking, because I doubt the U.S. would accept the result of a referendum that rules that the Hawaiians want to ...
-2
votes
1answer
64 views

LawTech: How to systematically express Positivist-Law frameworks as control flow algorithm systems and automate statutary-construction analysis? [closed]

I'm a brick-and-mortar engineer with very cursory coding experience (pseudo-code algorithms, formal logic gates in printed circuits, and Matlab/Simulink), studying to be a Civil Servant in a Romance ...
4
votes
1answer
313 views

What is the apex court in the USA?

In South Africa we have the constitution court which dedicates itself to constitutional matters. The US has a constitution like South Africa has but as far as I know no court dedicated to a addressing ...
0
votes
1answer
94 views

Which of these two possible readings of the Twenty-Seventh Amendment is the correct one?

The 27th Amendment to the Constitution of the United States stipulates that: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an ...
17
votes
1answer
2k views

If a law or state constitution is struck down as unconstitutional, is there an obligation for the legislature to repeal it?

When a court strikes down a federal/state law or state constitution as unconstitutional, can the legislature just leave that unconstitutional provision on the statute book as long as the executive ...
0
votes
1answer
36 views

What, if any, was the legal basis for the powers of the regional seats of government and commissioners?

A major part of the UK’s contingency planning for nuclear war was the system of regional seats of government and regional commissioners; Wikipedia says under such plans, regional commissioners would ...
0
votes
0answers
68 views

Didn't Padfield transmogrify the unfettered discretion of the minister into the unfettered discretion of the judges?

If English judges "are the final arbiters of how an Act of Parliament is to be interpreted" (first quotation below) and "the use of that adjective, even in an Act of Parliament, can do ...
1
vote
1answer
47 views

What does it mean for the Administrative Court to be “acting as a constitutional court”?

Kindly see the boldening below. It baffles me because the UK doesn't have a SEPARATE Constitutional Court, unlike France or Germany. Isn't the Administrative Court a Constitutional Court? The work ...
21
votes
2answers
6k views

Is it legally permitted to quote from legally restricted materials in US?

Is it legally permitted to quote from legally restricted materials in US? Let’s say, US government banned/censored a site or book X legally. Now if I refer/quote something in my writings, blogs, sites,...
0
votes
1answer
63 views

Is there a constitutional reason why there can be no legislation requiring commercial VPN operators to register veneer IPs?

For the purposes of this question, let's simplify what VPN operators do as "they allow their customers' internet protocol (aka IP) addresses to appear as other (veneer) IPs to the counter-parties ...
0
votes
0answers
27 views

Can the President revoke a pardon? [duplicate]

Can the President of the USA revoke a pardon issued by his/her predecessor? Relevant Article II, Section 2, Clause 1: he shall have Power to grant Reprieves and Pardons for Offences against the ...
2
votes
1answer
65 views

Is Section 33 of the Canadian Charter of Rights and Freedoms limited by Section 1?

Section 33 of the Canadian Charter of Rights and Freedoms provides as follows: Exception where express declaration 33 (1) Parliament or the legislature of a province may expressly declare in an Act ...
0
votes
1answer
62 views

The Constitution, Law, and Income tax [closed]

First let me say this, I'm not a Sovereign citizens, i'm not trying to not pay taxes, i'm not trying to argue if it is legal or not that you have to pay, you do. What im more interested in is the ...
1
vote
1answer
42 views

Were there retroactive changes to CA marriage laws about same-sex couples?

The San Francisco 2004 same-sex weddings took place between February 12 and March 11, 2004, and were then “voided” on August 12, 2004. But OBERGEFELL v. HODGES voids the voiding... Could these couples ...
-5
votes
1answer
84 views

Can POTUS threaten SCOTUS justices with forced retirement to achieve favorable opinion on constitutionality of his policies?

Rephrased the original question because, as the commenters pointed out, the term "blackmail" doesn't apply here at all. About a week ago Biden made two seemingly unrelated statements: "...
22
votes
2answers
4k views

Why does the First Amendment apply to states?

The First Amendment doesn't say "No one can restrict free speech" - it says "Congress shall make no law ... abridging the freedom of speech." You could interpret it as saying, &...
0
votes
1answer
115 views

How does the swearing on the Bible fit in to the secular nature of the USA government?

I was told that this may be an interesting premise for a new question. I had the following interaction in the comments of this question. It always striked me as odd that a secular state like the US ...
2
votes
1answer
143 views

Nazario Police stop questions

Video shows: An Army lieutenant is pulled over by Virginia police, with firearms dawn upon exiting police cruiser. "I’m honestly afraid to get out of the car,” Lieutenant Nazario says. “Yeah,” ...
39
votes
3answers
8k views

What is the legal distinction between Twitter banning Trump and Trump blocking individuals?

For reference, this recent NPR article contains all of the information that inspired this question. The lawsuits referenced in the above article center on then-President Trump blocking individual ...
1
vote
1answer
62 views

Constitutional grounds for challenging California's AB5 in Federal court?

California's Assembly Bill No 5 came into force on January 1 2020, and has had a profound effect on consultants and other independent contractors since then. It broadly affects two classes of B2B: ...
4
votes
1answer
91 views

Could a person with a noble title take a federal office without abdicating that title?

The Emoluments Clause of the Constitution bars people holding office from accepting a title from a foreign state. But what about a pre-existing title? If, say, the President appointed a Duke to head ...
1
vote
1answer
59 views

Can Members of Congress be Charged with Incitement (and etc.)

Following the recent Capitol Riot I started to wonder about incitement. I ended up wondering about members of Congress, who are protected against arrest and questioning for what they say when Congress ...
15
votes
4answers
6k views

In the US are jurors actually judging guilt?

Is it true that in US law jurors are not actually judging guilt, but rather whether the case against a person has been made in accordance with the concepts of all reasonable doubt? This meaning that ...
7
votes
4answers
2k views

Do “the laws” mentioned in the U.S. Oath of Allegiance have to be constitutional?

U.S. Oath of Allegiance From a purely technical interpretation of the law does the oath cover laws that are unconstitutional? To whom does the obediance allegiance lie with those who took the oath? ...
2
votes
3answers
124 views

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 ...
3
votes
2answers
154 views

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, ...
4
votes
3answers
924 views

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 ...
2
votes
1answer
64 views

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) ...
-2
votes
1answer
81 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 ...
0
votes
0answers
28 views

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....
7
votes
1answer
801 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 ...
1
vote
1answer
105 views

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 ...
17
votes
1answer
4k views

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. (...
7
votes
2answers
2k views

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 ...
2
votes
4answers
297 views

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-...
1
vote
1answer
41 views

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. ...
3
votes
2answers
75 views

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 ...
3
votes
3answers
128 views

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 ...
1
vote
2answers
93 views

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 ...
2
votes
3answers
227 views

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 ...
2
votes
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 ...
0
votes
1answer
55 views

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 ...

1
2 3 4 5
10