Questions tagged [us-constitution]
The United States Constitution is the primary legal document for the United States of America.
346
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2
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1answer
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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 ...
-7
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2answers
76 views
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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1answer
123 views
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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33
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4answers
9k views
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 ...
0
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1answer
34 views
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 ...
-5
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1answer
60 views
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 ...
27
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4answers
7k views
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 ...
2
votes
2answers
119 views
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 ...
0
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1answer
34 views
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 ...
0
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0answers
85 views
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 ...
6
votes
3answers
3k views
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, ...
6
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1answer
1k views
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 ...
0
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1answer
77 views
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, ...
2
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2answers
133 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 ...
2
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1answer
90 views
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/...
6
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1answer
1k views
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 ...
3
votes
1answer
77 views
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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3answers
178 views
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 ...
1
vote
3answers
222 views
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 ...
2
votes
2answers
103 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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2answers
102 views
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 ...
9
votes
1answer
762 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...
...
5
votes
3answers
167 views
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?
2
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1answer
35 views
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 ...
4
votes
1answer
319 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 ...
0
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1answer
97 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 ...
1
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2answers
64 views
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 ...
0
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0answers
27 views
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 ...
0
votes
1answer
64 views
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 ...
4
votes
1answer
175 views
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 ...
-4
votes
1answer
55 views
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 ...
0
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1answer
118 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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vote
1answer
88 views
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&...
2
votes
1answer
81 views
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 ...
15
votes
4answers
6k views
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 ...
21
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4answers
2k views
What are the limits of the Commerce Clause?
In Gonzalez v. Raich, the Supreme Court held that the Controlled Substances Act could apply to home-grown marijuana that started in and never left California because it could still affect the ...
3
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2answers
177 views
Were the Nuremberg trials legal with respect to the US constitution?
I'm very much a layman, and an Englishman rather than American, with an interest in political philosophy. I was reading through the US constitution the other day, and one sentence in Article I, ...
1
vote
1answer
173 views
Miranda warning - requirement to be "read"
Colloquial commentary, TV cop-shows and the like often make reference to the Miranda warning being read to a suspect although this is not mentioned within the linked Wikipedia article.
The dictionary ...
1
vote
1answer
89 views
What does it mean in the US Constitution when they say "according to their respective Numbers..."
I've been studying the Constitution, but I don't understand what it means when, in Article I Section 2, they say "
Taxes shall be apportioned among the several states which may be included ...
0
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3answers
203 views
What is the US constitutional basis for impeaching, trying and barring from future presidency a former US president?
What is the US constitutional basis for the following actions?
Impeaching and trying a former US president?
Barring a former US president from elected a president in the future?
3
votes
3answers
157 views
Is the individual right to bear arms disproven by the deleted conscientious objector clause of the 2nd amendment?
As an individual, is the notion that an American has the right to a firearm per the 2nd amendment disproven based on the deleted clause of conscientious objectors?
Proposed by James Madison upon the ...
1
vote
1answer
82 views
Could Senators convene congress by objecting to the closing of a pro-forma session?
Here's the hypothetical:
Congress is adjourned, but the Example Caucus wants it to convene again as soon as possible. Congress plans to take recess for more than three days, so they've scheduled ...
3
votes
1answer
73 views
25th amendment: what happens in the period between the VP's two declarations?
Section 4 of the 25th amendment provides:
Whenever the Vice President [transmits a declaration] the Vice
President shall immediately assume the powers and duties of the office
as Acting President. ...
1
vote
2answers
102 views
Is a presidential self pardon more likely to be valid if issued to a group instead of the president as an individual [closed]
My understanding is, the presidential pardon power is based on this passage of the US constitution:
The President ... shall have Power to grant Reprieves and Pardons for
Offenses against the United ...
0
votes
1answer
67 views
When the VP is Acting President
When the Vice-President is serving as Acting President on account of a temporary disability of the President, do they retain their Vice-Presidential powers, including the power to preside over the ...
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3answers
100 views
Do I have the right to let Twitter deactivate/hide a public account I had, but no longer use?
So a number of years ago, I created a Twitter account which I forgot the password and email to. More than 3 years ago, almost 4. I did not post anything, almost nothing. Just liked a couple of posts. ...
6
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2answers
262 views
What is the precise legal meaning of "electors" being "appointed"?
Both Article 2 of the US Constitution and 3 USC Chapter 1 talk about "appointing electors".
However, 3 USC Chapter 1 clearly refers to the election day (this is when "appointing ...
18
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2answers
4k views
Does Texas have standing to litigate against other States' election results?
https://abcnews.go.com/Politics/states-blast-texas-bid-overturn-election-seditious-abuse/story?id=74656637
What standing is required (if any) for an entity (person, corporation, state, etc.) to ...
3
votes
3answers
156 views
Do governors have veto power over the appointment of the electors by state legislature?
I believe governors in all 50 states have veto power when normal laws are passed in their states.
However, if a state legislature chose (or was directed to by the courts) to appoint the electors in a ...
12
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2answers
2k views
Ramifications of Texas' election lawsuit
It's a generally accepted principle that each state is responsible for running its own elections. This leads to a lot of variation between different states - some states let felons vote, some don't; ...
