Questions tagged [us-constitution]
The United States Constitution is the primary legal document for the United States of America.
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Executive Powers In The United States
Recently, Trump placed a travel ‘ban’ on non-citizens of the US and people from some other countries without direct relations with citizens of the US from travelling to the US during the pandemic.
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Are there any restrictions on the taxes or duties a U.S. state can levy?
The U.S. Constitution's "Commerce Clause" (Article I, Section 8) grants the federal government authority to regulate interstate commerce. The same section contains the "Taxing and Spending Clause" ...
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Does the First Amendment permit the Ohio governor to ban indoor sporting events? [duplicate]
The Ohio governor recently banned sporting events (although several more recent articles are now referring to this as a recommendation rather than an outright ban).
However, the First Amendment ...
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Freedom of speech vs freedom of the press
Are there any substantial legal distinctions between the First Amendment's right of freedom of speech compared to freedom of the press?
I'm specifically looking for any distinctions officially drawn ...
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2answers
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Are open letters protected by freedom of speech? Any court precedents?
I would like to know if there is legal precedent protecting the freedom of speech in distributing an open letter or something similar.
A friend owns a unit in a condominium, and since day one she has ...
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Has the selective draft been tested constitutionally and how has it been defended as being fair gender discrimination?
This question is related to this one.
What is the history of the selective draft and how has it's constitutionality been tested and defended? It is not as if women cannot be drafted, it is the case ...
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1answer
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What is the Constitutional justification for Federal gun possession laws?
The US Constitution reserves to the states all powers not expressly delegated to the Federal government. What is the Constitutional provision that allows for Federal laws such as the law that felons ...
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1answer
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Does impeachment conviction necessarily imply removal from office?
The relevant bits of Article 1 Section 3 state that:
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of ...
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1answer
107 views
Can’t Justice Roberts even veto unusual hours for impeachment trial?
Granted that the Senate sets all the important rules for the trial, John Roberts is still the presiding officer. I would have thought he has more authority than a court stenographer has. Since there’s ...
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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 ...
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2answers
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Are US Senate impeachment convictions reviewable by the Supreme Court
Alan Dershowwitz argues that a conviction of any President by the US Senate would be unconstitutional under certain circumstances. Please see his book and his television interviews for those certain ...
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Why isn't stalling an impeachment considered an obstruction of justice?
First and foremost, is it correct to consider the process of impeachment and removal, in the US Constitution, a process of justice, but one administered in a political context? (That is, the opposite ...
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What prevents the DOJ from charging Democrats in Congress under U.S. Code § 2383?
18 U.S. Code § 2383 states
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or ...
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1answer
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Consequences of Article VI, Clause 1 of the U.S. Constitution and the 11th Article of Confederation
Article VI, Clause 1 of the Constitution of the United States, known as the Engagements Clause, says:
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, ...
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1answer
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Does the concept of fairness and due process apply only to the defendant or to the prosecution as well?
"Fairness" isn't mentioned in the constitution but due process is and I would think typically applies to a defendant - someone who has been accused of a crime.
But is there a concept where the ...
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1answer
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Can articles of impeachment be repealed?
Suppose the House of Representatives of the United States impeaches a federal officer such as the president or a federal judge, etc. Can they repeal that act before the Senate tries the case?
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1answer
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By what legislative process could the United States of America be renamed?
A country retains an identity when its name is changed. There are institutions in a country that exist independently of the name of the country. What processes would these institutions accept as ...
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1answer
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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
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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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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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3answers
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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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1answer
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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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1answer
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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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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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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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1answer
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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
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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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2answers
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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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1answer
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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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3answers
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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
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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
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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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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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2answers
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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
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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
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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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4answers
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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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1answer
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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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1answer
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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..."?
4
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1answer
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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 ...
0
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1answer
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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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2answers
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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 ...
3
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1answer
54 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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2answers
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Senate nuclear option
I'm reading about the Senate nuclear option and am a little confused as to how the procedure works. According to Wikipedia:
"The option is invoked when the majority leader raises a point of order ...
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1answer
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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
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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
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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 ...
