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
4
votes
2answers
157 views

Why is the US Constitution so open to interpretation compared to constitutions of European countries?

Why is the US Constitution so open to interpretation compared to constitutions of European countries? Supreme Court justices are de-facto unelected policymakers in the US, whereas in western European ...
9
votes
7answers
3k views

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. ...
1
vote
1answer
70 views

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 ...
2
votes
1answer
144 views

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 ...
-8
votes
1answer
124 views

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. ...
-7
votes
2answers
76 views

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 ...
33
votes
4answers
9k views

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 ...
3
votes
2answers
115 views

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 ...
6
votes
6answers
314 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 ...
0
votes
3answers
44 views

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 ...
1
vote
1answer
68 views

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. ...
1
vote
2answers
27 views

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?
2
votes
1answer
81 views

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:...
5
votes
1answer
1k views

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 - ...
1
vote
2answers
115 views

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 ...
0
votes
0answers
20 views

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 ...
2
votes
1answer
191 views

Can older parts of Canada's constitution be found unconstitutional?

Canada's constitution is not a single document, but many documents passed over time. Is there existing case law as to whether parts of an older constitutional document can be found unconstitutional ...
-11
votes
3answers
166 views

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 ...
-5
votes
1answer
60 views

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 ...
4
votes
2answers
211 views

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?
3
votes
4answers
113 views

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, ...
3
votes
3answers
139 views

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 ...
10
votes
3answers
2k views

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, ...
5
votes
2answers
219 views

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 ...
1
vote
0answers
75 views

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 ...
1
vote
3answers
178 views

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 ...
1
vote
1answer
144 views

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 ...
-1
votes
1answer
89 views

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 ...
-1
votes
2answers
165 views

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/
3
votes
2answers
142 views

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 ...
1
vote
1answer
65 views

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 ...
6
votes
3answers
3k views

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, ...
3
votes
2answers
565 views

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 ...
3
votes
1answer
95 views

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 ...
6
votes
1answer
1k views

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 ...
12
votes
3answers
2k views

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 ...
3
votes
1answer
99 views

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 ...
0
votes
2answers
67 views

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 ...
-7
votes
3answers
353 views

If one was denied job due to remarks on muslims during job interview, can the company be sued for violating freedom of speech?

This question is hypothetical. 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 ...
3
votes
4answers
2k views

Can a defendant challenge the constitutionality of the statute s/he is charged with violating

If someone is accused of a crime in his or her state and s/he believes the statute s/he is being charged under violates one or more of his or her constitutional rights, say right to travel or free ...
2
votes
2answers
2k views

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 ...
5
votes
1answer
152 views

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. ...
3
votes
3answers
134 views

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 ...
2
votes
1answer
90 views

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/...
18
votes
3answers
2k views

When does a person lose diplomatic status?

Ahmed Ali Muthana, father of Hoda Muthana, "claims" that he was no longer working as a diplomat at the time of his daughter's birth, thereby insisting that his daughter was born a US citizen under the ...
3
votes
1answer
77 views

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 ...
-5
votes
1answer
87 views

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.
2
votes
1answer
81 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 ...
3
votes
3answers
1k views

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 ...
22
votes
2answers
7k views

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 ...

1
2 3 4 5
10