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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85
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2answers
14k views

On what basis might Trump's executive order on immigration be illegal?

On 27 January 2017, US President Donald Trump has issued an executive order entitled 'Protecting the Nation from Foreign Terrorist Entry into the United States'. On 30 January 2017, the acting ...
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3answers
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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 ...
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5answers
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Is the banning of large events in the USA constitutional?

Recently several US cities banned large gatherings of events such as listed here. Given that the 1st amendment of the US constitution states Congress shall make no law respecting an establishment ...
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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 ...
30
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3answers
15k views

Can a US President, after impeachment and removal, be re-elected or re-appointed?

This answer in its present form states If Donald Trump were impeached and blocked from running again (which is one of the things that impeachment can do, disqualify from office)... Is that true? ...
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4answers
9k views

Airport Security - advanced check, 4th amendment breach

I am a traveller, have a long Muslim name and I encounter frequent advanced searches at airports. Searching someone based solely on their name is obviously illegal as per the 4th amendment, but I ...
24
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6answers
15k views

Is the worst version of the accusations against President Trump impeachable?

Suppose the president of the US demands foreign leader X have X's state conduct an investigation into corrupt dealings of a family member of a former member of the previous US administration (and a ...
23
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1answer
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Is presenting a play showing Military characters in a bad light a crime in the US? Or does the First Admendment prevent this?

This is a followup to Is it illegal to wear military surplus clothing? US Law 10 USC 771 provides that only members of the US military may wear: ...the uniform, or a distinctive part of the uniform, ...
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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 ...
22
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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, &...
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5answers
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Is there any legal mechanism for a citizen without resources, to be able to sue the state for infringing his/her constitutional rights?

Is there any legal mechanism for a citizen without resources, to be able to sue the state for infringing his/her constitutional rights? In Argentina for example, I know there is a "defensor del pueblo"...
21
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2answers
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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,...
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3answers
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Could US President use the Secret Service to gain entry into the Capitol Building for the SOTU address?

If US President was to go to the U.S. Capitol Building for the State of the Union Address, and he was met at the door by the U.S. Capitol Building security personnel with orders to deny him entry, ...
20
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2answers
3k views

Can US Supreme Court justices / judges be "rotated" out against their will?

In last night's US Presidential Debate, candidate and US Senator Bernie Sanders asserted the option of being able to "rotate" Supreme Court judges / justices to other courts. As quoted in The Hill: ...
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3answers
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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 ...
17
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2answers
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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 ...
17
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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. (...
17
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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 ...
16
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2answers
7k views

Does a politician’s promise to "overthrow" the current system and replace it with a “Socialist World” rise to treason?

18 USC §2381 Treason. Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty ...
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6answers
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Can Congress overrule Marbury v. Madison by statute?

Can the United States' Congress pass a statute (by simply majority of both houses, then signed into law by the President) which says: Using the power granted to us by Article III, Section 2, clause ...
15
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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 ...
14
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2answers
6k views

Are Putin's constitution amendments legal?

Putin is shaking up the constitution and there were reports suggesting that the process, as well as the amendments themselves, are probably unlawful/illegal despite the Constitutional Court's ruling ...
14
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4answers
2k views

Is it illegal to discriminate against refugees or immigrants based on their religion?

If you live in the U.S, or you keep up with U.S politics, you've probably heard how state governors aren't allowing Syrian refugees into their states, and some politicians only want to allow Christan ...
14
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1answer
2k views

Why hasn't civil asset forfeiture been ruled unconstitutional?

If news articles like this and this are accurate, then U.S. law enforcement can confiscate private property, including cash, without convicting someone of a crime – or even charging them – under a ...
13
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2answers
816 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 ...
12
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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 ...
12
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3answers
4k views

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 ...
11
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3answers
10k views

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.
11
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3answers
8k views

How could Congress legally abolish the death penalty in all states?

Let us suppose that a sufficiently large majority of the US Congress, with the agreement of the President, decided that the death penalty should be abolished throughout the nation, both at the federal ...
11
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4answers
11k views

What exactly is a "title of nobility" under the US Constitution?

Article 1, sections 9 & 10 of the US constitution prohibit granting titles of nobility by the federal government or the states. What exactly is a title of nobility for these purposes? Why is (say) ...
11
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1answer
2k views

How can the US House of Representatives transition to be elected by proportional representation? Would editing "PL 2 USC 2c" work?

Here is context for my question: I am a student studying political science. I am researching policy that could be used to dismantle the stranglehold that the Democratic and Republican parties have on ...
10
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2answers
3k views

Does the right against self incrimination mean you can't be forced to file a tax return?

Irwin Schiff claims that because you have a right against self incrimination and therefore it is wrong for you to have to reveal anything about what you make. Therefore, the government can levy the ...
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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, ...
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5answers
2k views

Constitutional limitations on criminalizing behavior in US law?

I'm wondering about the limits put on which behaviors the legislature can criminalize in US law. I'm wondering about things like, could clearly harmless behavior (say, lifting a pack of gum with your ...
10
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1answer
1k views

What (if any) position is the highest office in the line of succession that someone ineligible to be president could hold?

"Can a young US Vice President follow in the line of succession?" was a question that sparked my interest. The answer to that questions is that a VP must actually be legally able to be President, as ...
10
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2answers
16k views

Does the President's Pardon authority extend to crimes not committed at the time of the pardon?

Does the U.S. Constitutional power of the President to pardon extend to crimes not yet committed? I know Ford gave Nixon a blanket pardon, but he did so for acts that (might have) been committed in ...
10
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2answers
1k views

Did Alabama legalize gay marriage, or outlaw it?

On 4 March 2016, the Supreme Court of Alabama dismissed a petition by conservative activist group Alabama Policy Institute and a probate judge to halt gay marriages in the state. This was reported by ...
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2answers
2k views

Does a police officer have to get permission to break the law?

Does a police officer require permission before breaking the law? Justice Brandeis states: Decency, security, and liberty alike demand that government officials shall be subjected to the same ...
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5answers
4k views

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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2answers
2k views

Will a contempt of congress lawsuit actually reach the merits?

Hypothetical Scenario: Kellyanne Conway is subpoenaed by the House Oversight committee for Hatch Act violations. Conway appears but tells the chairman that he is a fraudulent partisan grandstander, a ...
9
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1answer
3k views

Can an impeachment charge be dismissed on the grounds of double jeopardy?

Two impeachment articles were drafted by the House and then sent to the Senate Abuse of Power Obstruction of Congress. Now say the senate looks at the original articles and underlying evidence and ...
9
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3answers
845 views

Are cops required by law to have "reasonable suspicion" in order to detain a person? If so, do they have to inform the detainee about the suspicion?

I was stopped while cycling on hwy 59 in Texas, about 50 miles south of Huston. Officer started asking me questions about my travels. I asked: "Have I done anything illegal? Officer: "No, but I ...
9
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1answer
761 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... ...
9
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1answer
1k views

Can a cop direct a pharmacist to fill a known fraudulent prescription in order to convict a subject of a higher crime?

If a cop is responding to a known fraudulent prescription, ask the pharmacist to stall the subject until they arrive so he can arrest the subject, but, instead of making the arrest for attempt to ...
9
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2answers
604 views

What's the constitutionality of the debt ceiling?

Section IV of the 14th Amendment to the US Constitution says the validity of the debt "shall not be questioned." Yet, Congress plays politics with the debt ceiling (as put in this Atlantic article, ...
9
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2answers
2k views

What are the Powers of the office of the United States Vice President?

The Constitution lists the powers of the Vice President as President of the Senate and provides him or her a tie-breaking vote. Also the Vice President is granted powers under the 25th amendment to ...
9
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2answers
600 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 ...
8
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5answers
5k views

Could the Senate abolish the Supreme Court?

As a follow up from this question, suppose the Senate got tired of the "pesky" Court overturning its laws. Or, suppose that additional elections produced Senate majorities of a different party than ...
8
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1answer
1k views

Constitutionality of more restrictive bans on assembly

Virginia’s governor issued a ‘stay at home order’ that will be enforced by fines, and is in effect until June 10th, unless otherwise revoked. This includes the ban on groups of 10 or more. All public ...
8
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3answers
197 views

Are there states other than Israel where judges appoint each other?

In the state of Israel, new judges (at all levels) are appointed by a committee of 9 people, including 2 members of parliament, 2 representatives from the ministry of justice, and 2 representatives ...

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