Questions tagged [us-constitution]

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

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49
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3answers
12k 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 ...
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1answer
3k views

Does the US Fifth Amendment only apply to criminal trials? Do any laws protect a person in civil court when testimony would implicate them in a crime?

Suppose someone is accused of burglary. This person is asked to appear in civil court regarding an unrelated event that occurred at the same time as the burglary but in a different location. If the ...
9
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4answers
5k views

What exactly is a “title of nobility” under the US Constitution?

Article 1, sections 9 & 10 of the US constitution prohibit granting titles of nobility by the federal government or the states. What exactly is a title of nobility for these purposes? Why is (say) ...
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5answers
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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 ...
5
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2answers
6k views

Does the President's Pardon authority extend to crimes not committed at the time of the pardon?

Does the U.S. Constitutional power of the President to pardon extend to crimes not yet committed? I know Ford gave Nixon a blanket pardon, but he did so for acts that (might have) been committed in ...
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6answers
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What's the most crucial issue when deciding Senator Cruz's citizenship?

Donald Trump is threatening to sue Senator Cruz for his citizenship issue. I understand Senator Cruz was born to an American mother and Cuban father in Canada . I understand it would not be an issue ...
6
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2answers
2k views

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 ...
5
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5answers
1k views

Could the President abolish the Supreme Court?

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 ...
4
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1answer
3k views

Does out-of-state tuition violate the US Constitution?

Many colleges and universities charge more to students from out of state. Doesn't this violate the US Constitution, particularly the full faith and credit clause? Has this ever gone to the supreme ...
2
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1answer
152 views

Are there standards for detention of property in connection with a search warrant?

We know that police and government are not liable for damage caused in the course of warranted searches. We also know that people who are not suspected of any crime can have their property searched ...
0
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1answer
142 views

Michelle Carter the person who urged a man to commit suicide sentenced to 2.5 years in prison. Is this constitutional?

Earlier this year Michelle Carter was arrested and charged with involuntary manslaughter because she urged her a guy to commit suicide. The guy was already suicidal but actually told Michelle that he ...
84
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2answers
14k views

On what basis might Trump's executive order on immigration be illegal?

On 27 January 2017, US President Donald Trump has issued an executive order entitled 'Protecting the Nation from Foreign Terrorist Entry into the United States'. On 30 January 2017, the acting ...
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2answers
6k views

What part of the constitution makes the US federal agency “Food and Drug Administration” legal?

Which part of the US constitution delegates the US federal government the power to establish the agency "Food and Drug Administration"?
26
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2answers
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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 ...
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3answers
7k views

How does the US constitution apply to aliens?

Does the constitution of the US extend its protections to— legal aliens in the US (e.g. visitors from overseas), and illegal aliens in the US (e.g. someone who has stayed beyond their visa's ...
9
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2answers
925 views

In the United States, when can someone legally search my personal laptop? (Government or private security)

Unlike the United Kingdom, U.S. citizens don't have an explicit right to privacy in the Constitution. Although there are implied privacy rights within "penumbras" of the Bill of Rights this has ...
9
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2answers
540 views

What's the constitutionality of the debt ceiling?

Section IV of the 14th Amendment to the US Constitution says the validity of the debt "shall not be questioned." Yet, Congress plays politics with the debt ceiling (as put in this Atlantic article, ...
9
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4answers
3k views

Is slavery Illegal in the United States?

I have been bothered by the phrasing of the 13th Amendment since I first read it, in particular the bold: Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime ...
5
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4answers
3k views

What distinguishes hate speech from harassment in the US?

In the United States, hate speech is protected by the First Amendment to the Constitution no matter how morally repugnant it is. But harassment is a crime and is therefore not protected. Here are ...
4
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1answer
937 views

Can the States be taxed by the Federal Government in the US

Article 1 section 2 paragraph 3 states that representatives and taxes may be assigned to each state based on their population. So this might be the answer to my question. But there are several ...
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2answers
785 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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3answers
253 views

How come the periodic copyright term extensions do not violate the US Constitution?

US Constitution, section 8, clause 8: [The Congress shall have Power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right ...
6
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1answer
777 views

Does the Universal Declaration of Human Rights override the United States Constitution?

Does the Universal Declaration of Human Rights override the United States Constitution when it comes to the rights of civilians?
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2answers
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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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1answer
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Can a young US Vice President follow in the line of succession?

As far as I know, the VPOTUS (Vice President of the United States) has no age limitations. With that, could a 30 year-old VPOTUS serve as president under the line of succession in the event the POTUS ...
6
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2answers
161 views

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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1answer
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Does the 1st Amendment restrict executive actions?

This question is inspired by this Washington Post piece ("Donald Trump is working his way through the 1st Amendment"). Here's the amendment text, emphasis added: Congress shall make no law ...
5
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2answers
128 views

Is lying about a candidate protected speech in the United States?

Per Wikipedia: False statements that are on matters of public concern and that defame public figures are unprotected if either the speaker has knowledge that his statements are false, there is ...
4
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3answers
531 views

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." ...
3
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1answer
238 views

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 ...
3
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2answers
2k views

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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1answer
2k views

Can a jury find a defendant guilty on a charge for which the defendant was not arraigned?

Can a jury find a defendant guilty on a charge for which the defendant was not arraigned? For example, if a defendant is indicted on a charge of manslaughter can the jury convict him of murder?
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2answers
219 views

Can a police officer authorize the sale of a pharmacy's drugs to a suspected criminal without paying for the drugs first?

Can a police officer authorize the sale of a pharmacy's drugs to a suspected criminal without paying for the drugs first? Does this violate the United States or State Constitutions?