Questions tagged [us-constitution]

The United States Constitution is the primary legal document for the United States of America.

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1answer
100 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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1answer
2k 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 ...
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863 views

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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1answer
86 views

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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3answers
518 views

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
41 views

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
50 views

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 ...
6
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1answer
811 views

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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85 views

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
55 views

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
169 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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3answers
65 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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1answer
99 views

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
68 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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3answers
164 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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63 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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1answer
106 views

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
612 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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6answers
5k views

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
345 views

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
69 views

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
123 views

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
94 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
54 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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138 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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2answers
144 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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2answers
110 views

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
302 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
252 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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4answers
251 views

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
131 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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1answer
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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1answer
179 views

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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1answer
102 views

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
809 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
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
199 views

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
47 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
102 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
84 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
200 views

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
62 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
825 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
277 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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1answer
190 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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0answers
65 views

is a state-run monopoly a market participant?

Hypo: A state wishes to tax alcohol to raise revenue while at the same time protecting their local producers. They have settled on accomplishing this by prohibiting the sale of liquor in privately-...
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1answer
58 views

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
2k views

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 ...