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Questions tagged [us-constitution]

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

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What does “without apportionment” mean in the 16th amendment of U.S. Constitution?

Here's the text of the 16th amendment to the U.S. Constitution: The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the ...
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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 ...
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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 ...
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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 ...
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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..."?
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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 ...
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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 ...
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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 ...
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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 ...
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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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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 ...
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Is what constitutes outrageous conduct clearly defined in the statutes?

Are there any objective rules or guidelines used to determine whether a police officer's conduct was outrageous?
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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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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 ...
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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 ...
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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 ...
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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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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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Does the “a well regulated militia” part of the 2nd Amendment apply only to militias?

I'm currently debating the topic of gun control with a few people I know personally, and someone in the debate brought up the "a well regulated militia" part of the 2nd Amendment, saying that it's ...
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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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How does the “well regulated militia” clause affect laws?

The second amendment to the US Constitution states: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. ...
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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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Definition of inhabitant in US Constitution?

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant ...
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What means 'higher democracy' in the Constitution?

Source: Richard A. Posner, How Judges Think (2008). p 332 Middle.   The problem is not that he is asking the court to weigh impondera. bles. For while "weighing imponderables" sounds like an ...
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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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Full faith and credit to D.C

In the case of Loving v. State of Virginia, the Supreme Court struck down state laws forbidding interracial marriage (I think there may have been 22 states with such laws). The couple had married in ...
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Can you refuse to show ID and give information to Border Patrol agents when not at a international border?

There are hundreds of videos on YouTube filmed by drivers who refuse to show ID or give information to Border Control agents at interior (non-international border) checkpoints (permanent or ...
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Under the 5th Amendment, how much compensation must a government agency pay after it seizes a piece of land?

I have a friend whose property was seized by the city for public use. We think he was underpaid because it was worth more than the City paid. How could this disagreement be prosecuted?
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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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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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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 ...
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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 ...
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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 ...
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Why can colleges “discriminate” against students from other states by charging them more? [duplicate]

The Constitution states that the federal government has the right to regulate commerce between the states. As shown in Gibbons v. Ogden; Heart of Atlanta Motel, Inc. v. U.S.; Katzenback v. McClung; ...
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Does Congress have the authority to enact laws that govern small businesses?

Suppose Mike's Bikes, a store that attracts primarily customers from the local area, is in violation of some provision of the Americans with Disabilities Act of 1990. Mike's lawyer challenges the ...
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How long can the Senate hold up nominations?

Article II, Section 2, of the US Constitution states: [The President] shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and ...
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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 ...
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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 ...
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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 ...
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What argument supports a right to bear arms but denies a right to bear nuclear weapons?

Per the second amendment: A lot of people really want to be able to declare that they can own any weapon they want but then the argument absurd is always, "Well that means you could own a nuke too." ...
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How much does the President have to take the Senate's appointment “advice?”

Article II, Section 2, of the US Constitution (emphasis added) states: [The President] by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and ...
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Could the Senate abolish the Supreme Court?

As a follow up from this question, suppose the Senate got tired of the "pesky" Court overturning its laws. Or, suppose that additional elections produced Senate majorities of a different party than ...
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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 ...
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How can felons be denied Constitutional rights?

The 2nd Amendment grant all people a right to bear arms: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be ...
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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 ...
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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, ...
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Who enjoys freedom of the press?

In the 18th century it was decided that in the U.S.A. "freedom of the press" would prevail. "The press" is the printing press, a technology for mass-producing copies on paper. Thus freedom of the ...
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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 ...
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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 ...
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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 ...