Questions tagged [us-constitution]
For questions about the fundamental charter of the United States, and the several states of the U.S..
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Can an ex parte suit be brought directly before the Supreme Court to replace dictum in a particular case?
There are cases where extra-constitutional arguments appear to have resulted in decisions in conflict with the text of the US Constitution. The dictum of a particular case is referenced in multiple ...
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Doesn't Article III of the U.S Constitution allow for "regulations" like those of the Judiciary Act of 1789?
This question pertains to Marbury v. Madison. I'm a bit unsure as to why SCOTUS ruled the way it did.
The Judiciary Act of 1789 (Section 13):
The act to establish the judicial courts of the United ...
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Do letters of marque and reprisal need to be signed by the President?
If both houses of Congress vote to grant a letter of marque and reprisal, does the President need to sign it (or have a veto overridden) in order for it to be valid?
(I do understand that this power ...
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Are there any limitations on a congressperson's freedom of speech in Congress?
The Speech and Debate Clause of the Constitution protects senators' and representatives' right to freedom of speech when debating in Congress, separately from the First Amendment freedom of speech ...
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The 24th amendment to the American constitution provides a right to vote for electors, could this limit state legislative power to name electors?
One idea some have suggested is to make the legislators of a state name electors in at least some instances. It was not possible in 2020, but it could hypothetically be made at some other point. Same ...
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What if someone serving time in a state prison gets elected president?
What if someone serving time in a state prison gets elected president?
Would it be legal for the state to continue to incarcerate a US president?
Can he order himself to be released (for example, on ...
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Access to US Supreme Court brief
does anyone have access to the American edition of Westlaw? I’m trying to get hold of a copy of the US Supreme Court brief under reference 2000 WL 432367, any pointers or help appreciated!
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Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?
In Justice Roberts's ruling in Students for Fair Admissions v.
Harvard College overturning affirmative action in the United States, he holds that "Harvard’s and UNC’s admissions programs violate ...
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Privileges of states "now existing" in contrast to other states, in importation of slaves
Article I, Section 9, Clause 1 of the Constitution of the United States says:
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be ...
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Is there anything in the US Constitution to prevent Georgia, USA to stop me from buying liquor before 12:30 based on religious grounds?
I, an agnostic person, was perturbed just now being told I couldn’t buy wine, the only thing I came in to buy, at 11:30AM on a Sunday in Augusta Georgia, because the law prevents them (Walmart) from ...
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Is there a legal definition or meaning for "support the Constitution"?
This question is not specific to Florida which is only provided as an example.
Florida Statute 99.021 requires an "oath or affirmation":
For state elective offices:
... that he or she will ...
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How would members of a convention for amending the Constitution be chosen?
Constitution of the United States, Article V:
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the ...
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Will there be a need for US national elections? [closed]
Suppose that the majority of the states decide to elect 1 person as their leader to replace the president.Then will there be a need for national US elections to vote for a president?What exactly will ...
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Whats the point of a federal law that does not get enforced?
In the USA, the Constitution requires a Census every ten years. Anyone living here, legally or not, are required by law to respond to the Census, as well as be truthful. This has been the case from ...
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What if a previous US President was found ineligible to be President?
Purely a hypothetical question: What if a previous US President was found ineligible to be President?
Lets say we found Obama's "real" birth certificate and he was not born in the US.
What ...
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Does Montana's law to ban TikTok violate Sections 9 and 10 of the Constitution?
The State of Montana has passed SB419 which bans TikTok within Montana.
This Washington Post article indicates that TikTok could avoid the ban provided its ownership was not based in, "any ...
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Can employment contracts force all litigation into arbitration?
Is it legal for an employment contract to stipulate that all litigation from the employee towards the employer must be in the form of arbitration or do you have the right to litigate in the court ...
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Can political parties becoming public?
Can political parties become public?
For example, could the Democrat and Republican parties in the US carry out initial public offerings (IPOs), listing shares on NASDAQ and NYSE?
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Gödel's loophole [closed]
After WWII before Gödel was about to be interviewed in order to get a US citizenship, he had found a loophole in the US constitution which allowed a fascist regime to legally turn the US into a ...
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At what point does a tax become a ban?
I believe that it is mostly uncontroversial that it is constitutional for a state to tax firearm purchases at a reasonable rate. If a state had a law imposing a 10% sales tax on all firearm and ...
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When you plead the 5th and a Judge asks you questions about it, is that conversation considered privileged?
If you invoke the right to not self-incriminate when testifying and the judge asks you questions in regards to whether you fear of incriminating yourself is reasonable.
Is that conversation considered ...
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How are suits filed against federal officials under the First Amendment if there is no implied or express right of action?
I construe a right of action to be the ability to sue somebody for injunctive and monetary relief. If there isn't a right of action for the First Amendment like how Bivens provided a right of action ...
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Does the First Amendment apply to amateur radio?
Is speech over amateur radio constitutionally protected?
Could I theoretically sue the FCC for the right to broadcast music on 20 meters, and have a chance of winning on free speech grounds?
If the ...
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Would federal copyright be constitutional without the Copyright Clause?
If the Constitution did not contain the Copyright Clause, would Congress still be able to implement copyright under the Commerce Clause or another part of the Constitution? Assume that the ...
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Would funding the Sentinel Program violate the equal Protection clause?
For today's exercise into comic book law, let's take a look at another X-men storyline.
As we previously established using the Purifiers as an example, people can talk all they want about wanting to ...
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Is murder unconstitutional?
I've heard a number of times now that the U.S. Constitution regulates the government and not private entities. This is why, for example, private organizations can limit free speech but the government ...
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Overcoming a presumption of guilt
Give the legal adage "innocent until proven guilty", would a requirement by the state to overcome a presumption of guilt only by signing, under penalty of perjury, a "declaration of non-...
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If police seize property that is not on a warrant can you accuse them of theft?
If police seize property that is not on a warrant are they basically stealing from you? What is your recourse if this is to happen? Can you make a case of theft against the police or is there nothing ...
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At what point is it "legal" to overthrow the government?
It has been argued that the point of the 2nd amendment is to overthrow a tyrannical government.
In the Declaration it states that “whenever any Form of Government becomes destructive of these ends, it ...
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Where do executive agencies obtain their power to effectively legislate?
Large portions of the Code of Federal Regulations are enacted by executive agencies such as the Federal Communications Commission and the Federal Aviation Administration, rather than by Congress. The ...
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What is a bill of attainder? [duplicate]
The U.S. constitution proscribes ex post facto laws and bills of attainder. What are bills of attainder?
Are they the same as what is referred to by what Wikipedia has to say on attainder?
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How is Biden’s lawyers turning the documents over not a material breach of client-attorney confidentiality and a violation of the 5th, 6th Amendments?
If a client confessed to plans, in-going activity or intent to commit a crime, an attorney may disengage.
I would argue imposing a duty on an attorney to disclose their reasons if it requires court ...
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Is there any difference between cases affecting someone and cases to whch someone is a party?
Article III, Section 2, Clause 2 of the U.S. Constitution reads (in part):
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the ...
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Would a law that increased penalties for actions taken before its passage be considered ex post facto?
Suppose a new law was passed in a US state banning jaywalking, which was not previously illegal in this state. (That's just a random example; the particular offense is not relevant.)
It is common for ...
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Why isn't a gay marriage established in one state protected in other states by the Privileges and Immunities Clause?
Of course I know it's otherwise protected by the new Respect for Marriage Act and Obergefell, but I happened to be reading about the rather demure P&I Clause in Article 4. and it seemed relevant. ...
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Is it possible for unconstitional laws to remain due to lack of standing to contest it?
Is it in theory possible for an unconstitutional law to remain in act because no case with proper standing can or could be brought forth to challenge it?
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Why does the USA not have a constitutional court?
I know the Supreme Court of the United States will hear constitutional matters, but why does United States not have a judicial branch specifically for constitutional matters?
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Do school zone knife exclusions violate the 14th Amendment?
In the US, most if not all states have some kind of law(s) in place that prohibit the carrying of knives in school zones. While most states define a knife as a weapon by edge length, I can not find ...
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What is the definition of "narrowest grounds" with respect to a US Supreme Court plurality?
I am of the understanding that in Marks v. United States, 430 U.S. 188 (1977), the Supreme Court has the following procedure in place:
When a fragmented Court decides a case and no single rationale ...
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Why is *hereditary* citizenship status not considered a title of nobility under U.S. law?
Being a citizen grants clear rights and privileges in the U.S. While citizenship can be granted by birthplace (14th Amendment), it is also granted to the child of a citizen with very lax conditions. ...
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Why do US lawmakers attach amendments to the US Constitution instead of directly changing its text?
The US Constitution now has 27 amendments. I noticed that these amendments are "attachments" to the original US Constitution. Why don't the constitutional amendments directly modify the text ...
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How are ties in a US Congressional election dealt with?
Suppose candidates Alice and Bob are running for US House of Representatives in a Colorado district, and are the only people to do so in that district. The final vote tally (after whatever challenges ...
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What is the authoritative version of the Constitution?
Is there a single authoritative copy of the Constitution, i.e. if it contradicted every other copy, it would prevail in a court? For the original articles, the original copy would be the obvious ...
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Under what authority can the US make federal reserve notes legal tender?
By what constitutional authority does the US have to make these legal tender.
I can see in the constitution that the US can coin money, but the right to make legal tender is given to the states and ...
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Which part of the Constitution was cited in Jacobson v. Williams?
Which part of the Constitution did the SCOTUS majority opinion in Jacobson v. Williams cite?
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Question Regarding Extent of Presidential Power, the Take Care Clause, and "Unitary" Executive Theory/ Executive Power
This question is regarding the theoretical limits and ability of the power of the President of the United States.
Under a strong or absolute Unitary Executive Presidential powers framework, would ...
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Is code protected as speech by the First Amendment?
Import module sys.
Sys dot stdout dot write, quote:
Hello world, end quote.
import sys
sys.stdout.write("Hello world")
Is computer code protected as speech by the First Amendment? If the ...
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Does the President really have the absolute right to declassify anything he wants to?
The claim has been made by Donald Trump and many others that the sitting President has the absolute right to declassify any documents he wishes. Leaving aside the issue of what procedure he would have ...
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Could the U.S. squeak out a compelling argument that it is not bound by the Equal Protection Clause or that it be treated differently than states?
Points of law
“The Equal Protection Clause prohibits a State from "deny[ing] to any person within its jurisdiction the equal protection of the laws." Amdt. 14, § 1.” Evenwel v. Abbott, 578 U....
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What happens if a Constitutional amendment passed after ratification of a treaty contradicts that treaty?
Suppose a Constitutional amendment was passed establishing an absolute right to circumvent DRM. This is in direct contradiction to the WIPO copyright treaty, which requires signatory countries (...
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