Questions tagged [us-constitution]
The United States Constitution is the primary legal document for the United States of America.
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Could the administration justify a rescission of DACA with being anti-Latino?
Let's assume that the Supreme Court will let stand the lower courts' decisions: That rescinding DACA for the bare-bones reason that it is illegal does not meet the criteria laid out in the ...
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2answers
56 views
What does the US Constitution mean by “bribery”?
The US Constitution mentions several specific crimes as impeachable offences. Among these is "bribery".
In the English language as it existed at the time of the framers, did this single term refer ...
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60 views
Does encoding constitutional rights in state law have any effect?
According to https://local12.com/news/local/student-religious-liberty-act-sponsor-says-it-protects-rights-critics-say-its-not-needed, Rep. Catherine Ingram argued that a recent bill in Ohio - ...
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If Virginia ratified the Equal Rights Amendment, would it go into effect?
In the Nov 2019 election, the Democrats won the majority of both Virginia state houses, and there is some discussion that Virginia could be the 38th state to ratify the (proposed) Equal Rights ...
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Could Trump shoot 100 House Democrats and avoid prosecution, at least while in office?
A lawyer for Trump named Consovoy said in court that Trump was immune from prosecution even if he shot someone in the street. If Trump killed 100 House Dems, then the Democrats would certainly no ...
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65 views
Bill of Rights protection against mandatory vaccination?
Does the the "privacy" protection afforded by the Bill of Rights covers unwanted medical treatments, including unwanted drug taking, notably mandatory vaccines?
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145 views
Does the part of the First Amendment about Free Speech apply to non citizens everywhere?
The question is very simple: does the free speech protection provided by the First Amendment apply to non US citizens and does it apply anywhere, outside US territory, protecting these people as ...
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53 views
Is the restriction on receiving a “present” in the Emoluments Clause applicable?
The Emolument Clause:
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept ...
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Would a confession obtained via Wonder Woman's Magic Lasso be admissible in US court, or any court?
There's a scene in Justice League (the movie from 2017) where a policewoman is taking down the stories of three criminals who are wrapped in in Wonder Woman's magic Lasso.
The Lasso does a couple of ...
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1answer
607 views
What law grants life tenure to federal judges in the US?
In the United States, what law grants life tenure to federal judges? The Good Behaviour Clause of the Constitution says:
The Judges, both of the supreme and inferior Courts, shall hold their
...
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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 ...
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Contours of a national emergency in the United States
Are there any 'bright lines' that prevent an administration (not just the current administration, but future administrations as well) from regularly resorting to the national security argument when it ...
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Legal test of the constitutional authority Congress to impose wage and price controls
In 1971, using authority delegated to him by Congress, President Nixon imposed wage and price controls to try to get inflation under control. This was known as the Nixon Shock.
There was a district ...
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Is the US Constitution binding for the US President?
I understand that the President of the United States has some immunity against the law. This makes sense to protect the president from interference and allows for flexibility.
To a European cursory ...
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1answer
93 views
Is the 14th amendment restriction on apportionment applied to women after the 19th amendment?
Part of the second clause of the 14th amendment reads:
when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in ...
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1answer
52 views
Can a business run a contest that excludes residents of certain states?
Suppose a business in a state wants to run a contest for its customers. For this example, say it's a snowshoe race. However in order to make the competition more interesting, they want to limit the ...
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134 views
On the federal level, does the Constitution actually mandate that “no one above the law”?
Background
In the United States, there is a principle that was popular amongst the founding fathers called "no one is above the law" according to Thomas Paine, and described in the Massachusetts ...
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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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132 views
Which supersedes the other, laws or treaties?
The Supremacy Clause of the U.S. Constitution states that the Constitution, laws and treaties are the supreme law of the land. Obviously, the Constitution supersedes both laws and treaties, but which ...
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What do “constitutional” and “unconstitutional” really mean in the US?
People in the US often talk about how some laws, decisions, ruling, executive orders are "unconstitutional", but what does that word mean?
Does "constitutional" mean "obeying only the Constitution", ...
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3answers
298 views
Can a US state pass/enforce a law stating that a group of people owe money to the state government?
What restrictions or prohibitions does the US Constitution or federal law set in place for states requiring citizens to pay money to the government?
If my understanding is correct, there are several "...
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2answers
203 views
If someone was charged with 15 counts but was only indicted on 2, can the prosecutor introduce evidence at sentencing of charges that we not indicted?
I just have a question about information being presented that a defendant was not indicted on. If someone was charged with 15 counts of a crime but was only indicted on 2 counts, can the prosecutor ...
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In the United States how can a federal agency constitutionally regulate aviation?
The Federal Aviation Administration is a federal agency with the authority to regulate all civil aviation in the United States, including flights over state rather than federal territory. How is the ...
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123 views
When and how is service by publication valid?
Sometimes a prospective defendant cannot be served because s/he is out of the country, or just plain is in hiding. In that case, a judge will sometimes allow service by publication. That is, after ...
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55 views
Judicial Crimes
Who implements Article III, Section 1 in the U.S. Constitution wherein "The judges, both of the supreme and inferior courts, shall hold their offices during good behavior..."?
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Do people born in unincorporated US territories have a constitutional right to non-citizen nationality?
In Downes v. Bidwell, the Supreme Court concluded that the Citizenship Clause does not apply to people born in unincorporated territories of the United States.
Instead, if they had no other claim to ...
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What are the legal Ramifications if any, of ratifying the last remaining Un-ratified amendment of the Constitution? [closed]
There were originally 12 articles proposed for ratification in the "bill of rights" ten were ratified soon after. One was ratified in 1992 and the remaining proposal has no deadline or date of ...
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783 views
Could Congress have ended slavery without the 13th Amendment?
The 13th Amendment to the United States Constitution reads:
Neither slavery nor involuntary servitude, except as a punishment for
crime whereof the party shall have been duly convicted, shall ...
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1answer
51 views
In case of using what communication channels a person does not have a reasonable expectation of privacy?
In what scenario(s) a person doesn't have a reasonable expectation of privacy?
sending a traditional letter or parcel via the U.S. post
using work email account for sending private emails
making a ...
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1answer
45 views
Additional question regarding state authority and masks
This is a followup to this question
It shall be unlawful for any person over 16 years of age to, with the
intent to conceal his identity, wear any mask, hood or other device
whereby a ...
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2answers
99 views
Can guns be controlled asymmetrically?
The Second Amendment is oft quoted as the reason that guns cannot be completely removed from American society, at least not without some sort of further amendment to the US Constitution. But what ...
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1answer
82 views
Requirement that members of the US Electoral College vote for candidates from two different states [closed]
In Art. II, Sec. 1 of the US Constitution, what is the reasoning for the requirement that the Electors vote for two persons, "of whom one at least shall not be an Inhabitant of the same State with ...
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1answer
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US Constitution - Art. 1 Section 7
Why the duplicative language at the end of Art. 1. Sec. 7 as to the process for presenting and vetoing legislation in the last two paragraphs?
Article 1, Section 7:
1: All Bills for raising ...
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1answer
60 views
Are State-Authorized Century Farm Programs Titles of Nobility?
Both the Federal and State governments are prohibited from granting "titles of nobility" under the US Constitution (Art. 1, Sec. 9 & 10).
My understanding is that "titles of nobility" are ...
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3answers
783 views
Who actually enforces the bill of rights
The US bill of rights was constructed to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public ...
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2answers
274 views
Does the sixth amendment protect the right to compulsory process for other types of evidence?
As an example, would it protect the right for a defendant to get a subpoena for phone company records to try an establish an alibi?
Read literally, the compulsory process clause only provides "...
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Can Congress authorize suits against states in pursuance to the Fifteenth Amendment?
In Fitzpatrick v. Bitzer, 427 U.S. 445 (1976), the Court held that
Congress may, in determining what is "appropriate legislation" for the purpose of enforcing the provisions of the Fourteenth ...
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152 views
What is prospective relief and executory decree?
In Plaut v Spendthrift Farm the court decided that a federal statute that requires federal courts to reopen final judgments that were ordered before the statute's enactment is unconstitutional on ...
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The necessary and proper clause
The Necessary and Proper Clause grants Congress broad authority to enact federal legislation” (U.S. v. Comstock) by “adopt[ing] any means, appearing to it most eligible and appropriate” (James Everard’...
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is a state-run monopoly a market participant?
Hypo:
A state wishes to tax alcohol to raise revenue while at the same time protect their local producers. They have settled on accomplishing this by prohibiting the sale of liquor in privately-owned ...
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1answer
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Are civil ICE detainees unconstitutionally punished, if the conditions in ICE centers are more restrictive(punitive) than maximum security prison?
Jurisdiction: Texas
Facts:
Juan Martinez at 19 years of age pleaded guilty to distribution of undisclosed controlled substance in exchange for 5 years of
probation.( Lets say violation of Texas ...
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2answers
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Is there a gap in the office of Speaker of the House?
In the current Congressional elections, the control of the House of Representatives is changing from one party to another, and the current Speaker did not run for re-election.
In this situation, is ...
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1answer
185 views
The “compact” in “Agreement or Compact” (U.S. Constitution): legal terminology
The word compact is used in the "Compact clause" of the Constitution of the United States: "No State shall, without the Consent of Congress [...] enter into any Agreement or Compact with another State ...
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1answer
121 views
Potential indictment of Assange and jurisdiction
I was discussing this sealed indictment against Julian Assange with my wife and she was making the argument that this is not an attack against freedom of the press as granted by the Constitution. She ...
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Is the removal of Jim Acosta's White House press pass a violation of the 1st Amendment?
Jim Acosta of CNN asked President Trump a question. Trump ordered him to put the mike down, and a young intern tried to take it off him. Acosta's press pass was subsequently revoked.
Let's assume the ...
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2answers
797 views
How can the President appoint Whitaker as Acting Attorney General?
Today the president asked for and received the Attorney General’s resignation. Then it was announced that the DOJ Chief of Staff, Matthew Whitaker would be the Acting AG and according to the Hill, ...
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2answers
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Is American citizenship automatic when born on US soil?
The US constitution states that
All persons born or naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the United States and the
State wherein they ...
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Confirming a new vice-president
Whenever the Office of President of the United States becomes vacant, whether by resignation, impeachment, ill health, whatever, the reason is immaterial.
Naturally, the Vice President takes over ...
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What is the meaning of “and subject to the jurisdiction thereof” in the 14th amendment?
In the fourteenth amendment, what does the phrase “and subject to the jurisdiction thereof” contribute? What people born in the United States would not have been subject to the jurisdiction of the ...
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How is 14th amendment applicable to tourists and illegal immigrants?
14th amendment states "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States...".
Given this wording how is it that foreign ...
