Questions tagged [us-constitution]

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

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1answer
116 views

Legality of IRS requiring taxpayers to swear to statements

The IRS requires taxpayers to swear under "penalties of perjury" to their statements and figures given concerning their income. Since obviously this constitutes a potential incrimination, it ...
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Does US law make a distinction between fair and unfair discrimination?

In South Africa the term fair/unfair discrimination is often used to illustrate between lawful and unlawful discrimination. I get annoyed when they have the anti racism campaigns in English football ...
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1answer
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Forced to sign an affidavit not to violate the law in the future?

I applied to my Connecticut city’s Building Dept. for a permit to finish my basement, which will not have a bedroom and therefore not require an egress window. In order to issue me a permit, the ...
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How does the gridlock protect minorities?

In this video, at 6:32, Justice Scalia was talking about the separation of powers. In fact, the Bill of Rights was an afterthought, and the "initial" Constitution did not include a Bill of ...
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Are agencies controlled by the President or not? How much control is enough for a textualist to accept the Chevron doctrine?

In this video, at 11:20 Justice Scalia says: Congress created a series of agencies insulated from presidential control In the same video, at 57:06, in answering a question about the Chevron doctrine,...
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What did Scalia mean when he said that the Constitution "explicitly" protects racial minorities?

I was watching this video of Justice Scalia's remarks. At 1:10:36, Justice Scalia answers a question about Brown v. Board of Education. Because Justice Scalia has previously said that it's not the ...
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2answers
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Would a person born in a state which later joined the United States be considered a natural born citizen of the United States?

Suppose that a person was born in a independent state and later (i.e. after the birth) this state was admitted into the United States. Would such a person be considered a natural born citizen of the ...
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Why would the founding fathers allow women to be president but not to vote?

The only requirements to be president are 35 years of age, 14 years of residence, and being a natural born citizen. This has been in the Constitution since the original ratification in 1789. But women'...
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Constitutional Basis for Federal Criminal Law and Illegalization of Murder at the Federal Level

I'm curious about the constitutional basis for federal criminal law (in America). The necessary and proper clause seems to be such a basis: "To make all Laws which shall be necessary and proper ...
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Can you plead the 5th in a civil case?

There seems to be the idea that the right not to self-incriminate does not apply to civil cases. Is that true?
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Can your silence be used against you?

Miranda rights say you have the right to remain silent and that anything you say can be used against you. My question is, can the exercise of this right be used against you at a trial? It seems that ...
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Is civil disobedience advocacy protected by the "imminent lawless action" test?

It is well known that speech is protected in the US unless it is both intended to cause imminent lawless action and likely to bring about/cause imminent lawless action. My issue is that by this ...
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Is voting in the House of Representatives automatically postponed if the Speaker of the House is unable to attend due to sickness?

I am wondering what happens when the Speaker of the House is unable to come in to the U.S. Capitol Building due to sickness on a day in which voting is to take place. Is there anything written in the ...
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Can a single person hold multiple judicial commissions?

Suppose that the President of the United States nominated a candidate to two different judicial positions (say a district court judge as well as a circuit court judge) and also the Senate confirmed ...
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Why is the US Constitution so open to interpretation compared to constitutions of European countries?

Why is the US Constitution so open to interpretation compared to constitutions of European countries? Supreme Court justices are de-facto unelected policymakers in the US, whereas in western European ...
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Is the embargo against Cuba unconstitutional?

The Supreme Court ruled in Citizens United v. FEC that government restrictions on spending for political purposes are prohibited by the First Amendment. Would that make the economic embargo against ...
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Did the constitution authorize other states besides the original 13 to join the union?

When reading the Constitution I came across this SECTION. 10. 1 No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of ...
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Was the Constitution meant to be perpetual?

Was the Constitution of the United States meant to be perpetual? The Constitution replaced the Articles of Confederation which specifically says is perpetual yet the constitution has no such wording. ...
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How is a plain-clothes officer entering your house not an unreasonable search?

In Wooden v United States: Wooden was sitting at home one evening when he heard a knock at his door. He answered to find an unknown man, who asked to speak with Wooden’s wife. Wooden invited the ...
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Can fiduciary standards of care, prudence and loyalty be imposed on the POTUS?

My question is broad here, not just current law, but is it even permissible under the constitution? Could congress pass a law setting a fiduciary standard of care in some fiscal matters, and enforce ...
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US Constitutional text question / federalist papers / republic by definition ..opinion [closed]

if "treason" against the government was needed to save the country, would "treason" not be a duty? regardless of the current state of the United States(current politics out of ...
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Is the new Texas law on social media invalid on first amendment grounds?

I have just seen this video on Youtube: "Republican Texas governor Greg Abbott has signed a law that forbids social media companies from banning people from their platforms based on their ...
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2answers
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If you represent yourself, do you have a constitutional right to the assistance of counsel in a criminal prosecution?

In other words: Do you have a right to the assistance of counsel if you elect to assume charge of the strategic and tactical control of your own defense in a criminal prosecution and elect to speak ...
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Can a quorum call in the US Senate "annul" a pro forma session? Would this mean that the Senate would go into recess?

I recently watched CGP Grey's video on the Supreme Court nomination process, which discusses (among other things) the use of pro forma sessions of the US Senate to keep the President from making ...
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Welfare and the Covid Vaccine

Could the Federal government say that if you are not vaccinated against Covid then you lose your welfare benefits? Would it be constitutional? What I am asking is, would a federal law (passed by ...
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What if an American state ratified an article to its constitution that blocked judicial review?

Basically, if an American state added an article to its constitution, via the relevant mechanism that allows it to do so, that proscribed state and federal courts from striking down its legislation, ...
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Are children allowed to pray at goverment schools?

I was once told on the internet that there is no actual ban on religion at government schools in the US. The issue is actually that public school teachers are considered agents of the state and are ...
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Does a civilian have the right to ask a police officer about his actions?

Can a civilian pull his vehicle, to the side of the road, and walk back to a police vehicle? The police vehicle didn't have lights on; nor initiate the stop. The police car followed the vehicle, ...
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135 views

Are you allowed to disregard the spirit in which laws are written as long as you keep to the letter of the law?

Jeremy Clarkson a renowned UK motor enthusiast once mentioned that he had to credit Mercedes-Benz for when they created the first of there hybrid supercars they created a car that could both do 200mph ...
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1answer
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Would a U.S. President's Executive Orders be nullified if he/she is removed from office via the 25th Amendment?

I am curious to know if the Executive Orders of a U.S. President would be nullified if he/she is removed from the Office of the Presidency via the 25th Amendment, especially if it is proven that he/...
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The Right to Vote

In the past, at least in certain parts of the country, you had to own property to vote. I am thinking that was and still is constitutional. Would a law that says that if you do not pay Federal income ...
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Can a SCOTUS hearing on constitutional matters be hung?

I'm assuming that constitutional matters at a federal level are decided by a panel of judges. Is it then possible for such decision to be hung like what can happen with juries? Are judges allowed to ...
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Is litigation required for SCOTUS to judge the constitutionality of an issue?

I made an observation in another thread about mandating vaccines that it would probably be a good idea for those who are for the idea of mandating vaccines, that its constitutionality should first be ...
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If a House member is barred from the House for not wearing a face mask, does that House member's constituents lose their representation in Congress?

I am wondering if a House member is barred from entering the House side of the U.S. Capitol Building for him/her choosing not wearing a face mask, while that House member is barred from the House side ...
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2answers
110 views

Can the US Supreme Court's appellate jurisdiction over cases in which it has original jurisdiction be limited?

According to the US Constitution, the US Supreme Court has original jurisdiction in "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party&...
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Would this stand the test of the Constitution? [closed]

The back story: Lady in SF Walgreens in Civic Center with accomplice “robs” store fake-coughing and claiming to have COVID. Security, manager won’t touch them, they flee with $90 of merchandise likely ...
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1answer
768 views

Can constitutional matters brought to the Supreme Court be deferred if Congress has yet to fully determine its stance on the matter?

I saw at the following wiki page, that the supreme court has decided not to hear a constitutional matter while admitting there is a constitutional issue in need of addressing. Saying the following... ...
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Can an American Indian tribe be a monarchy?

The US constitution guarantees States a republican form of government. Does this apply to sovereign American Indian tribes, or could a tribe decide to have a hereditary chieftainship?
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Different laws in different states and equality

Could someone throw light on the following, or refer me to appropriate cases. Where in the US Constitution does it allow different states to administer different laws? Doesn't this contradict the ...
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327 views

What is the apex court in the USA?

In South Africa we have the constitution court which dedicates itself to constitutional matters. The US has a constitution like South Africa has but as far as I know no court dedicated to a addressing ...
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100 views

Which of these two possible readings of the Twenty-Seventh Amendment is the correct one?

The 27th Amendment to the Constitution of the United States stipulates that: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an ...
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Any extreme circumstance when a substantially probably prevailing party can ask for some immediate injunction that they be provided attorney's fees?

Let's say, in California, a Forbes 500 multi-billionaire wrongdoer has engaged and continues to engage in such fraudulent and/or malicious and oppressive conduct that has made plaintiff and continues ...
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Can the President revoke a pardon? [duplicate]

Can the President of the USA revoke a pardon issued by his/her predecessor? Relevant Article II, Section 2, Clause 1: he shall have Power to grant Reprieves and Pardons for Offences against the ...
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The Constitution, Law, and Income tax [closed]

First let me say this, I'm not a Sovereign citizens, i'm not trying to not pay taxes, i'm not trying to argue if it is legal or not that you have to pay, you do. What im more interested in is the ...
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If HR51 (admitting DC as a state excluding a "Capital" area for federal buildings) were passed, would the "Capital" be entitled to 3 electoral votes?

The House of Representatives passed H.R.51, the Washington, D.C. Admission Act. Under the current text, it would admit Washington, DC as a state, excluding a small area around the federal buildings ...
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If our nation takes on debt now that will have to be paid by gen z later isn't that taxation without representation? [closed]

We have representatives but gen z does not. How is it fair to spend their money before they are even old enough to have a say? Was the idea of pushing debt onto future generations so unthinkable that ...
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204 views

How does the swearing on the Bible fit in to the secular nature of the USA government?

I was told that this may be an interesting premise for a new question. I had the following interaction in the comments of this question. It always striked me as odd that a secular state like the US ...
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Is It Legal to Mention “The Creator” in U.S. Public Schools?

I give lots of guest presentations to K-18 schools/universities all over the world. Since the subject is Space exploration, I frequently feel the need to invoke (using one of these very "generic&...
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1answer
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Can Members of Congress be Charged with Incitement (and etc.)

Following the recent Capitol Riot I started to wonder about incitement. I ended up wondering about members of Congress, who are protected against arrest and questioning for what they say when Congress ...
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In the US are jurors actually judging guilt?

Is it true that in US law jurors are not actually judging guilt, but rather whether the case against a person has been made in accordance with the concepts of all reasonable doubt? This meaning that ...

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