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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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Would being diagnosed with having Parkinson's disease make a sitting POTUS physically unfit to be the POTUS?

I would like to know that if a sitting POTUS is diagnosed with having Parkinson's disease, would this medical diagnosis make the sitting POTUS physically unfit to be POTUS? I confirm I mean physically ...
user57467's user avatar
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4 votes
1 answer
81 views

What are the standards for mandatory review by the US supreme court?

According to my MBE Critical pass flashcards (flashcard #6 in the Constitutional Law category titled "supreme court jurisdiction and review"): Methods of Supreme Court review: ...
S J's user avatar
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0 votes
2 answers
86 views

Does a misrepresentation have to be fraudulent in order to be unprotected?

To my understanding, there are two types of misrepresentation: negligent misrepresentation (which is not fraud) and intentional misrepresentation (which is fraud). Is negligent misrepresentation also ...
S J's user avatar
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5 votes
6 answers
5k views

Are there any parts of the US Constitution that state that the laws apply universally to all citizens?

I guess I did not know that US Presidents had any kind of criminal immunity or that it was legally possible for anyone to make a law that they did. I am curious if there is really nothing in the ...
Julius Hamilton's user avatar
-2 votes
0 answers
54 views

What are some overturned child support cases in the Pennsylvania Supreme Court [closed]

I'm trying to find cases that have been overturned in the Supreme Court of Pennsylvania regarding the following issues Child support in the Court of common pleas: Fraud on the Court by the Court Lack ...
Annastahia Jackson's user avatar
2 votes
1 answer
197 views

In *Breaking Bad*, would the 4th Amendment apply?

In the show Breaking Bad, Hank (a DEA Agent) attempts to arrest Jessie Pinkman and determine if there was a meth lab in Jessie's RV as demonstrated in this video: https://www.youtube.com/watch?v=...
user55665484375's user avatar
5 votes
2 answers
2k views

How is the National Popular Vote Interstate Compact affected by the US Supreme Court's decision that states can't remove candidates from their ballot?

I was recently watching this video (https://www.youtube.com/watch?v=tUX-frlNBJY) about the National Popular Vote Interstate Compact. At around the 3 minute mark, the narrator states that one of the ...
Michael's user avatar
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2 votes
0 answers
157 views

Can your school ban you from sending e-mails? [closed]

My school has banned every student from sending e-mails to each other. I'm not sure if this is a thing that schools are allowed to do or not, but I feel that they shouldn't be able to. Our school is ...
wolfnicholas672's user avatar
0 votes
1 answer
54 views

Would the holding of assets in a UTMA account when the beneficiary wants to withdraw them be considered a deprivation of property?

The Due Process Clause of the Fourteenth Amendment says, nor shall any State deprive any person of life, liberty, or property, without due process of law. The Uniform Transfers to Minors Act (UTMA) ...
Someone's user avatar
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1 vote
1 answer
180 views

Is cruel and unusual punishment allowable as a voluntarily-chosen alternative to a constitutional default sentence?

Is it constitutional for a person convicted of a crime to be offered a choice between two punishments, one of which would be cruel and unusual if it were the only option, if the other poses no ...
Someone's user avatar
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1 vote
0 answers
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Wisconsin Governor Line Item Veto

Famously, Wisconsin Governor Tony Evers tried to run a "line item veto" that essentially rewrites a law. Is this legal? If it is easy to challenge it court, why haven't his political ...
Test's user avatar
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3 votes
1 answer
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Does the United States Constitution impose an obligation on Congress to pass a budget?

Does the United States Constitution impose an obligation on Congress to pass a budget?
Jen's user avatar
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0 votes
1 answer
121 views

Would a valid ex post facto law be possible with a constitutional amendment?

Suppose that some action has been committed that is virtually universally seen as heinously immoral and worthy of punishment. However, there is technically no law against the action at the time, and ...
Someone's user avatar
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20 votes
7 answers
5k views

What happens when Congress violates the Constitution through inaction?

The Constitution sets down rules for how Congress can operate, and what it may, may not, or must do. If a President does not do something the Constitution requires them to do, they can be impeached ...
interfect's user avatar
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5 votes
2 answers
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Could one get a declaratory judgement on which parts of the Constitution *are* self-executing?

It has recently been determined by a controversial Supreme Court decision that Section 3 of the 14th Amendment is to be enforced by legislation drafted for the purpose by Congress, and not by the ...
interfect's user avatar
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1 vote
0 answers
63 views

US presidential succession, illness followed by death

This question is about possible timing difficulties if a US president becomes ill and then dies. Supposing the president becomes suddenly incapacitated and it is necessary to invoke Section 4 of the ...
Gerard Ashton's user avatar
10 votes
5 answers
4k views

Would it be constitutional for a US state or the federal government to ban all homeopathic "medications"?

Would it be constitutional for a US state or the federal government to prohibit the sale of homeopathic "remedies"?
Someone's user avatar
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1 vote
1 answer
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Would the Guillotine be considered "cruel and unusual"?

History of the Guillotine In the first days of the French Revolution, the staunch advocate for the abolition of the death penalty Joseph-Ignace Guillotin was unsuccessful in getting the assembly to ...
Trish's user avatar
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9 votes
2 answers
3k views

USA write-in ballots

Disclosure: I do not live in the USA and so am only picking up bits of American news from various places. What I'm picking up on is that one of the larger things in the United States is a legal ...
Matt Bartlett's user avatar
0 votes
2 answers
110 views

What constitutional limit, if any, exists on disciplinary actions imposed in non-criminal cases?

In Ingraham v. Wight, the US Supreme Court ruled that the Eighth Amendment's prohibition on cruel and unusual punishment does not apply in non-criminal cases. Due process is still required, but the ...
Someone's user avatar
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13 votes
2 answers
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Is it cruel and unusual punishment for animal control to remove a student from a school?

A bill has been introduced in the Oklahoma legislature, aiming to penalize public school students who participate in the therian and otherkin subcultures (people who identify as animals or as ...
Someone's user avatar
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6 votes
1 answer
526 views

How constitutional is working for hire?

In the USA, copyright law may only be established with respect to the Copyright Clause of the Constitution: To promote the Progress of Science and useful Arts, by securing for limited Times to ...
Corbin's user avatar
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-4 votes
1 answer
165 views

Why is per country cap for employment based immigration gcs not illegal?

I have a minor son who is a legal us citizen but I am on h1b with valid I-140 for the last 8 years. In case of job loss where I have to leave the usa, he will have to go thru the tough choice of ...
GBasu's user avatar
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-2 votes
1 answer
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Is the passage of an unconstitutional law "lawless action" for the purpose of First Amendment protection?

Speech intended to incite imminent lawless action is not protected by the First Amendment. Is the passage of an unconstitutional law "lawless action" for this purpose? Suppose someone who is ...
Someone's user avatar
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-3 votes
2 answers
271 views

Why did the Marshall Court actually rule that part of the Judiciary Act was unconstitutional?

Marbury v. Madison, 5 U.S. 137 (1803), decided by the U.S. Supreme Court's Marshall Court, is famous for being the case most strongly associated with giving the court the power to rule statutes ...
R-Obsessive's user avatar
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-1 votes
1 answer
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Two terms for a president [duplicate]

If a Vice President becomes President on the death of a President such as with LBJ and the election is not for two years. Are they allowed to stand for two addition terms or is the rest of the term ...
MiscellaneousUser's user avatar
3 votes
3 answers
209 views

Can a circumstance, as opposed to a law, be challenged as unconstitutional? How?

Is there any legal precedent of a person claiming a situation or state of affairs violated their constitutional rights or was against the Constitution - that is, not that there was an unconstitutional ...
Julius Hamilton's user avatar
2 votes
1 answer
262 views

Can US states forbid someone from running for a party's presidential candidacy?

I understand there is at least a legal argument, based on the US Constitution, to prohibit a would-be presidential candidate from entering the presidential race. (This is not the subject of this ...
Parker Lewis's user avatar
9 votes
3 answers
2k views

Could the federal government begin registering vehicles and issuing driver licenses, overriding state law?

Currently, vehicle registration and driver licensing are handled primarily by states in the US. However, aircraft registration and pilot certification is handled by the federal government. Could the ...
Someone's user avatar
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-6 votes
1 answer
91 views

Article V/Fractions

How can 2/3rds of States call for Convention under Article V when there is no such thing as 1/3 of a State Legislature? 33 Legislatures can apply, or 34, but not the required 33.333. And they didn't ...
BEWILDERBEAST's user avatar
-4 votes
1 answer
164 views

Does Article V Ab Initio Void the 17th Amendment?

Article V of the U.S. Constitution says the following: "... no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." I understand this to roughly mean: "...
gbmye's user avatar
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4 votes
1 answer
156 views

Has the constitutionality of day-fines been challenged in the US?

Day-fines are a type of fine, common in many European countries, in which the amount of the fine is based on both the severity of the offense and the income of the offender; thus, an investment banker ...
Someone's user avatar
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8 votes
1 answer
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What procedures are in place in the US for when multiple people in the line of succession are in the same place at the same time?

What are the governmental procedures in the United States for important people (people in the chain of succession to the presidency) staying in the same place? Who can and who cannot fly together, etc....
user1785960's user avatar
7 votes
2 answers
1k views

Can a person be convicted for violating a law that had been ruled unconstitutional by a lower court but was later reinstated?

Suppose that the Court of Appeals for the Ninth Circuit has ruled that a federal law is unconstitutional. Because I live in the Ninth Circuit, I am now allowed to "violate" the law. What if ...
Someone's user avatar
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-4 votes
2 answers
122 views

Is it constitutional to require that certain drivers have no detectable alcohol in their bloodstream without religious exemptions?

It would likely be unconstitutional for a state to prohibit minors from consuming small amounts of alcohol for religious purposes, such as Communion in Christianity. It is possible, although unlikely, ...
Someone's user avatar
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6 votes
1 answer
1k views

What does Section 2 of the 21st Amendment to the US Constitution do?

Section 2 of Amendment 21 to the US Constitution says the following: The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of ...
Someone's user avatar
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10 votes
3 answers
4k views

Can penalties be increased retroactively by statutes?

Would a law retroactively increasing the penalties for a crime, but not criminalizing any formerly legal action, be constitutional, or would it be considered ex post facto?
Someone's user avatar
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5 votes
2 answers
2k views

In the United States Federal Judiciary, is impeachment and conviction by the Senate the only means to remove a federal judge?

The constitution says they serve on good behaviour. Article II says that judges may be impeached, along with the President and Vice President. But in principle, would it also be acceptable for a law ...
R-Obsessive's user avatar
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9 votes
3 answers
2k views

Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?

While the US constitution does contain the Interstate Commerce clause, it is argued that revocation of a business license and dissolution of a business following a US state's legal process can not be ...
uhoh's user avatar
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0 votes
1 answer
113 views

A way of electing representative to the Congress of the United States

In an answer to this question, someone cites this federal law: [2 U.S. Code § 2c][1] - Number of Congressional Districts; number of Representatives from each District In each State entitled in the ...
Michael Hardy's user avatar
0 votes
1 answer
104 views

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 ...
Rick Smith's user avatar
1 vote
2 answers
295 views

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 ...
aSquaredRush's user avatar
2 votes
1 answer
186 views

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 ...
Someone's user avatar
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1 vote
3 answers
169 views

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 ...
Someone's user avatar
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2 votes
1 answer
123 views

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 ...
R-Obsessive's user avatar
  • 1,195
2 votes
2 answers
272 views

Can a US state adjudicate citizenship at birth?

Section 8 of the US Constitution says "The Congress shall have Power...To establish an uniform Rule of Naturalization...." But US citizens who reside in a state are also citizens of the ...
Gerard Ashton's user avatar
7 votes
1 answer
390 views

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 ...
MWB's user avatar
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0 votes
0 answers
66 views

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!
Zarka's user avatar
  • 127
24 votes
3 answers
7k views

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 ...
Very Tiny Brain's user avatar
4 votes
2 answers
576 views

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 ...
Michael Hardy's user avatar

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