Questions tagged [us-constitution]

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

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Could Executive Order 9066 be repeated with other groups today?

In World War II, Executive Order 9066 suspended basic rights of Japanese Americans - even people whose loyalty to the United States was never questioned, though the government feared the group as a ...
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Can US Supreme Court justices / judges be “rotated” out against their will?

In last night's US Presidential Debate, candidate and US Senator Bernie Sanders asserted the option of being able to "rotate" Supreme Court judges / justices to other courts. As quoted in The Hill: ...
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Where is Arizona's [and other states] timezone defined?

Where is the timezone defined for Arizona? Is it in the Arizona constitution? Is it in Arizona Revised Statutes? Is it in the United States constitution? Is it in the United States Code? Where is ...
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What is the Constitutional justification for Federal gun possession laws?

The US Constitution reserves to the states all powers not expressly delegated to the Federal government. What is the Constitutional provision that allows for Federal laws such as the law that felons ...
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Can the US President and Senate redefine the calendar year to extend the presidential term?

I was recently watching a video about what would happen if the US president tried to cancel or postpone the election. From what I gather, the 20th amendment ensures that his term will end on January ...
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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 ...
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Under McCulloh vs Maryland can the Feds do anything?

Under McCulloh vs Maryland (The Bank of United States case) which held that the supremacy clause precludes state taxation of Federal functions; can States and localities enforce traffic rules against ...
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956 views

Executive Powers In The United States

Recently, Trump placed a travel ‘ban’ on non-citizens of the US and people from some other countries without direct relations with citizens of the US from travelling to the US during the pandemic. ...
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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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Are there any restrictions on the taxes or duties a U.S. state can levy?

The U.S. Constitution's "Commerce Clause" (Article I, Section 8) grants the federal government authority to regulate interstate commerce. The same section contains the "Taxing and Spending Clause" ...
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Are open letters protected by freedom of speech? Any court precedents?

I would like to know if there is legal precedent protecting the freedom of speech in distributing an open letter or something similar. A friend owns a unit in a condominium, and since day one she has ...
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Freedom of speech vs freedom of the press

Are there any substantial legal distinctions between the First Amendment's right of freedom of speech compared to freedom of the press? I'm specifically looking for any distinctions officially drawn ...
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Who are the “inferior officers” of the federal government?

A part of Article II, Section 2, Clause 2 of the Constitution of the United States says this: He [the President] ... shall nominate, and by and with the Advice and Consent of the Senate, shall ...
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Has the selective draft been tested constitutionally and how has it been defended as being fair gender discrimination?

This question is related to this one. What is the history of the selective draft and how has it's constitutionality been tested and defended? It is not as if women cannot be drafted, it is the case ...
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Does impeachment conviction necessarily imply removal from office?

The relevant bits of Article 1 Section 3 state that: Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of ...
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Can an impeachment charge be dismissed on the grounds of double jeopardy?

Two impeachment articles were drafted by the House and then sent to the Senate Abuse of Power Obstruction of Congress. Now say the senate looks at the original articles and underlying evidence and ...
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What is the theory that allows a state to appeal a judgment of its own supreme court to the US Supreme Court?

Suppose John Doe is facing criminal prosecution in Florida. He raises a 4th Amendment issue, and the Florida Supreme Court grants him relief. At this point, the state of Florida can appeal to the US ...
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1answer
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Can’t Justice Roberts even veto unusual hours for impeachment trial?

Granted that the Senate sets all the important rules for the trial, John Roberts is still the presiding officer. I would have thought he has more authority than a court stenographer has. Since there’s ...
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Are US Senate impeachment convictions reviewable by the Supreme Court

Alan Dershowwitz argues that a conviction of any President by the US Senate would be unconstitutional under certain circumstances. Please see his book and his television interviews for those certain ...
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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 protecting their local producers. They have settled on accomplishing this by prohibiting the sale of liquor in privately-...
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Senate nuclear option

I'm reading about the Senate nuclear option and am a little confused as to how the procedure works. According to Wikipedia: "The option is invoked when the majority leader raises a point of order ...
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1answer
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Does the concept of fairness and due process apply only to the defendant or to the prosecution as well?

"Fairness" isn't mentioned in the constitution but due process is and I would think typically applies to a defendant - someone who has been accused of a crime. But is there a concept where the ...
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What prevents the DOJ from charging Democrats in Congress under U.S. Code § 2383?

18 U.S. Code § 2383 states Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or ...
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Why isn't stalling an impeachment considered an obstruction of justice?

First and foremost, is it correct to consider the process of impeachment and removal, in the US Constitution, a process of justice, but one administered in a political context? (That is, the opposite ...
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Is the restriction on receiving a “present” in the Emoluments Clause applicable?

The Emolument Clause: No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept ...
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Consequences of Article VI, Clause 1 of the U.S. Constitution and the 11th Article of Confederation

Article VI, Clause 1 of the Constitution of the United States, known as the Engagements Clause, says: All Debts contracted and Engagements entered into, before the Adoption of this Constitution, ...
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Can articles of impeachment be repealed?

Suppose the House of Representatives of the United States impeaches a federal officer such as the president or a federal judge, etc. Can they repeal that act before the Senate tries the case?
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How could Congress legally abolish the death penalty in all states?

Let us suppose that a sufficiently large majority of the US Congress, with the agreement of the President, decided that the death penalty should be abolished throughout the nation, both at the federal ...
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By what legislative process could the United States of America be renamed?

A country retains an identity when its name is changed. There are institutions in a country that exist independently of the name of the country. What processes would these institutions accept as ...
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Could the administration justify a rescission of DACA with being anti-Latino?

Let's assume that the Supreme Court will let stand the lower courts' decisions: That rescinding DACA for the bare-bones reason that it is illegal does not meet the criteria laid out in the ...
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What does the US Constitution mean by “bribery”?

The US Constitution mentions several specific crimes as impeachable offences. Among these is "bribery". In the English language as it existed at the time of the framers, did this single term refer ...
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Does encoding constitutional rights in state law have any effect?

According to https://local12.com/news/local/student-religious-liberty-act-sponsor-says-it-protects-rights-critics-say-its-not-needed, Rep. Catherine Ingram argued that a recent bill in Ohio - ...
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Given SCOTUS precedent, how do I legal counter specifically religious solicitation? (USA)

USA Supreme Court has ruled that politicians, religious groups, the Girl Scouts and others have a constitutional right to go door-to-door promoting their causes without first getting permission from ...
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Are only citizens “at the time of the adoption of this Constitution” eligible to be President?

While reading this answer, I noticed some odd wording in Article II, Section 1 of the Constitution (emphasis mine): No person except a natural born citizen, or a citizen of the United States, at ...
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If Virginia ratified the Equal Rights Amendment, would it go into effect?

In the Nov 2019 election, the Democrats won the majority of both Virginia state houses, and there is some discussion that Virginia could be the 38th state to ratify the (proposed) Equal Rights ...
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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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Could Trump shoot 100 House Democrats and avoid prosecution, at least while in office?

A lawyer for Trump named Consovoy said in court that Trump was immune from prosecution even if he shot someone in the street. If Trump killed 100 House Dems, then the Democrats would certainly no ...
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Bill of Rights protection against mandatory vaccination?

Does the the "privacy" protection afforded by the Bill of Rights covers unwanted medical treatments, including unwanted drug taking, notably mandatory vaccines?
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Does the part of the First Amendment about Free Speech apply to non citizens everywhere?

The question is very simple: does the free speech protection provided by the First Amendment apply to non US citizens and does it apply anywhere, outside US territory, protecting these people as ...
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Is the US Constitution binding for the US President?

I understand that the President of the United States has some immunity against the law. This makes sense to protect the president from interference and allows for flexibility. To a European cursory ...
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Were the US Articles of Confederation formally repealed?

The Constitutional Convention was originally intended to revise the Articles of Confederation. At some point, the framers decided to start from scratch instead, and produced the Constitution, which ...
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Would a confession obtained via Wonder Woman's Magic Lasso be admissible in US court, or any court?

There's a scene in Justice League (the movie from 2017) where a policewoman is taking down the stories of three criminals who are wrapped in in Wonder Woman's magic Lasso. The Lasso does a couple of ...
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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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Can Congress overrule Marbury v. Madison by statute?

Can the United States' Congress pass a statute (by simply majority of both houses, then signed into law by the President) which says: Using the power granted to us by Article III, Section 2, clause ...
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What crimes are senators and representatives immune of?

Art. 1 Sect. 6 Cl. 1 of the Constitution states that [Part 1] The Senators and Representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury ...
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What law grants life tenure to federal judges in the US?

In the United States, what law grants life tenure to federal judges? The Good Behaviour Clause of the Constitution says: The Judges, both of the supreme and inferior Courts, shall hold their ...
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925 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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Must US public agencies accept electronic notarizations performed in other US states?

In the vast majority of the United States, notarizations are required to be performed on physical paper while physically in front of a notary. However, Virginia has authorized notaries within their ...
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Contours of a national emergency in the United States

Are there any 'bright lines' that prevent an administration (not just the current administration, but future administrations as well) from regularly resorting to the national security argument when it ...
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To what extent can a public college regulate the speech of its students?

My community college's "Student Rights" webpage states that the College District will not tolerate any discriminatory behavior on the part of its students. Now, I'm not advocating discrimination, but ...

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