Questions tagged [us-constitution]
The United States Constitution is the primary legal document for the United States of America.
2
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1answer
36 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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1answer
51 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
72 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
118 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
51 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
140 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
68 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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0answers
24 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
27 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
33 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
33 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
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1answer
38 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
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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 ...
0
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1answer
100 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
47 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
350 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
603 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
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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
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2answers
632 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
10k 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
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6answers
986 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
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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
5k 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
56 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
171 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
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2answers
211 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
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1answer
153 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
118 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 ...
3
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2answers
170 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
147 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 ...
2
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0answers
84 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 ...
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0answers
468 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
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1answer
80 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 ...
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2answers
86 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
145 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
581 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 ...
-1
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3answers
122 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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2answers
80 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
262 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 ...
3
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2answers
286 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? ...
1
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1answer
108 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 ...
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2answers
514 views
Can Congress issue a legislative pardon?
Suppose that the President did not want to pardon someone, but Congress passed a private bill excusing a person from a violation of a law.
Suppose this bill became law (either through inaction of the ...
4
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2answers
241 views
Can a Presidential pardon nullify a search warrant?
Where the US government has seized private property pursuant to a search warrant in a criminal investigation, what would happen to that property if the President were to pardon the suspect(s) under ...
3
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2answers
365 views
How is the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” constitutional?
H.R.1865, known as the "Allow States and Victims to Fight Online Sex Trafficking Act of 2017", recently passed both chambers of Congress and was signed into law by president trump. I'm not a lawyer, ...
2
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2answers
119 views
Does interpreting a law differently violate equal protection?
A woman in South Africa was recently sentenced for yelling very racist slurs at four black police officers. According to a New York Times article,
“Past racists who have come to court have been ...
2
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2answers
543 views
Legal Right to Own Nukes
As per the Second Amendment of the United States Constitution one has to wonder if there are any restrictions with regard to the type (or destructiveness) of arm you shall bear.
If someone could ...
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1answer
149 views
Voting while serving a sentence for felonious refusal to pay taxes
Last I heard (but my information may not be up to date) in 49 48 of the 50 states in the U.S., persons serving a sentence for a felony are not allowed to vote.
Suppose a person is convicted of a ...
0
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1answer
124 views
Are US states bound by the US constitution when it comes to gun rights?
I am confused by a basic feature of US constitutional law. Does the US constitution restrict state laws as well as federal ones? Specifically, can a state law (or even a city law) ban the ...
0
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1answer
62 views
Is there a precedent or contingency to re-do an election disrupted by war, natural disaster, epidemic, terrorism or fraud?
I'm wondering about a situation where the election process clearly failed or was disrupted, leaving multiple people claiming to have won, and nobody confident in the result. Is there any plan in place,...
