Questions tagged [us-constitution]
The United States Constitution is the primary legal document for the United States of America.
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2answers
129 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 ...
3
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4answers
89 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 ...
3
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1answer
42 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 ...
0
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1answer
44 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..."?
4
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1answer
70 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 ...
0
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1answer
77 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 ...
5
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2answers
428 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 ...
3
votes
1answer
47 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 ...
2
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1answer
41 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 ...
3
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2answers
77 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 ...
2
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1answer
76 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 ...
2
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1answer
144 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 ...
1
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1answer
55 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
429 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 ...
0
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2answers
207 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 "...
0
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0answers
220 views
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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1answer
43 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
58 views
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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0answers
39 views
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 ...
4
votes
1answer
47 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 ...
8
votes
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 ...
0
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1answer
139 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 ...
2
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1answer
99 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 ...
2
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2answers
427 views
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 ...
7
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2answers
737 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, ...
6
votes
2answers
4k views
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 ...
6
votes
2answers
813 views
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 ...
49
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3answers
11k views
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 ...
6
votes
6answers
1k views
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 ...
26
votes
2answers
6k views
What does “corruption of blood” mean?
Having read this question, it makes reference to treason, to which part of it states:
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work ...
6
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2answers
6k views
Would it be considered treason to help plan the movement of a migrant caravan to the border?
Stefan Molyneaux, on Twitter, said:
If even one American is found to be one of the forces behind the Honduran ‘caravan,’ that’s straight up treason.
He is referring to the migrant caravan that ...
0
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1answer
86 views
Can a government sue it's citizens for “libel”?
If a citizen of a nation is deliberately spreading lies against a given government of a country (let's say U.S. federal or state government) to undermine it's capacity to act properly then can the ...
0
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3answers
197 views
How are cryptocurrencies not illegal by the US Constitution?
The United States Constitution, Article I, Section 8 reads in part,
The Congress shall have Power To coin Money, regulate the Value thereof, and of foreign Coin.
From this passage, I understand ...
6
votes
2answers
278 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 ...
21
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3answers
10k views
How are Trump's actions against NFL protesters not a violation of Constitutional rights?
I've been casually following the NFL player protests against injustice in modern America. Often the controversy is centered around players like Colin Kaepernick, whose career seems to be over even ...
2
votes
1answer
170 views
Does prohibition on titles of nobility make presumption of guilt impossible?
The US Constitution prohibits the US government from granting titles of nobility (article I, section 9, clause 8).
Has it ever been formally established that giving any group, X, a priority of ...
4
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1answer
143 views
Are there only two, or are there three, forms of conventional involuntary servitude in the antebellum U.S.A.?
In 1865 the 13th Amendment provided that neither slavery nor involuntary servitude, except as punishment for a crime, shall exist in the United States. I have heard it said that slavery and indentured ...
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2answers
206 views
Are government fees considered taxes?
Are government fees, like the one for getting a passport or a drivers licence, considered taxes from a constitutional perspective? To clarify I am not asking for income tax purposes. I suppose it ...
4
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1answer
180 views
Procedure if two separate district courts issue nationwide and contradictory injunctions?
One issue that has not been conclusively decided by the courts is the constitutionality of DACA protections. For example, the Supreme Court has not ruled on whether or not DACA is constitution. Since ...
3
votes
1answer
150 views
14th Amendment and citizenship
Would it be fair to say that the 14th Amendment had the effect of simplifying laws pertaining to citizenship in the U.S.A.? Can the contrasts between the nature of citizenship before and after the ...
2
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0answers
885 views
Can a sitting U.S. president be imprisoned without impeachment?
A sitting U.S. president can not be indicted for federal crimes as a matter of constitutional separation of powers and DOJ policy, among other reasons.
The president's constitutional protections and ...
2
votes
1answer
100 views
Broadness of definition of treason in the US constitution
Does article 3 only refer to adhering to state enemies, or can these enemies be corporate, or individual?
Corporate as akin to private armies before the barons got checked (even say aiding ISIS ...
0
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2answers
94 views
What establishes the U.S. as a common law country?
Its well known that the U.S. is a common law country, but I'm not sure if that's codified anywhere (like the U.S. constitution) or if just happened organically because that's the way its always been. ...
0
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2answers
205 views
What is the meaning of “High crimes and misdemeanors”
I have searched the internet for a coherent statement of the meaning of “high crimes and misdemeanors”, especially in the context of presidential impeachment. I have not been very successful. ...
2
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2answers
603 views
When was pretrial detention first declared constitutional?
I assume that early on in American history, pretrial detention was at some point challenged for its constitutionality. Is that the case?
I have also heard that pretrial detention is illegal as a ...
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3answers
129 views
Does the oath to “defend the Constitution” impose any extra responsibility on Judges?
As per Article Six of the United States Constitution,
... all ... judicial Officers shall be bound by Oath or Affirmation, to support this Constitution ...
(the text is codified in 5 U.S. Code § ...
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vote
2answers
94 views
Is social security constitutionally protected public debt?
Section IV of the 14th Amendment to the US Constitution says "The validity of the public debt of the United States... shall not be questioned."
The Social Security trust fund is currently projected ...
7
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3answers
286 views
At what point do immigrants acquire the right to due process
I am asking this because president Trump is calling for sending immigrants who approach the border from Mexico to be sent back without due process. I strongly suspect that it is illegal but a lot of ...
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2answers
360 views
Why is sports gambling not considered interstate commerce?
It is generally agreed that the United States can prohibit intrastate sales of goods it feels might affect interstate commerce under the Commerce Clause. How does intrastate gambling differ? ...
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1answer
125 views
How did John Marshall utilise "the trick of first announcing a novel rule in a case in which he concludes that the rule does not apply?
Source: Richard A. Posner, How Judges Think (2008), pp. 363 Bottom - 364 Top.
Yet without a secure constitutional basis, Barak created a degree of judicial power undreamt of by our most aggressive ...
