Questions tagged [us-constitution]

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

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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 ...
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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 ...
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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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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 ...
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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 ...
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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 ...
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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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Changing the name of one of the United States

Does the law have anything clear to say about changing the name of a state in the United States? What I know is: Maybe a couple of decades ago there was discussion in North Dakota of changing the ...
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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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Is the United States federal income tax an indirect tax under the 5th amendment?

I'm no American citizen, so I don't know that much about all the ins and outs of the Constitution. I've been watching a movie where one of the characters called the federal income tax "...
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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 ...
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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&...
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Is there an implied consent to a frisk in a stop in the US?

This question regards US law, and the Fourth Amendment to the US Federal Constitution. Suppose I am walking on the sidewalk, when a police officer stops me. He then says the following: "I will ...
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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 ...
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What is meant by the provision about electors in the Seventeenth Amendment?

I was reading about the Seventeenth Amendment and had a question about one of the sentences in its opening paragraph: The Senate of the United States shall be composed of two Senators from each ...
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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, ...
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What is meant by direct Taxes in Article 1 Section 2 in the US Constitution?

I am new when it comes to understanding the US Constitution and I am not comfortable with Section 2, Paragraph 3 of Article 1! [Representatives and direct Taxes shall be apportioned among the ...
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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 ...
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Contradictions in the Constitution regarding property rights?

In the fifth Amendment : No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or ...
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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?
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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 ...
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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 ...
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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. ...
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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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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 ...
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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 ...
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Does the Fourteenth Amendment give community college students the right to distribute election materials at any time?

I am a student at a local community college that is, to my knowledge, owned and operated by the county's department of education. One day, the student organization was hosting a barbecue. Student ...
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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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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 ...
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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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Can Congress provide a binding interpretation of the USA Constitution by statute?

The Eight Amendment of the USA Constitution forbids the imposition of "cruel and unusual punishment". Can Congress enact a statute which says "The death penalty is cruel and unusual&...
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Can defamation involve a non-believing third party?

A false statement communicated to a third party can be defamatory per se, not requiring proof of actual damage, if the statement falls into one of 4 categories: accusation of committing a crime, ...
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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. ...
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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 ...
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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 ...
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What triggers a contingent election?

I have read many opinion articles which discuss the possibility that some states fail to appoint any presidential electors (as actually happened with the state of New York in our first federal ...
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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 ...
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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; ...
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What happens if two people claim the same (personalized) pardon?

What would happen if the identity of an individual named in a presidential pardon could not be ascertained with certainty, but several people have a strong claim to being the named individual? For ...
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Is recent diplomatic service abroad an impediment to becoming president of the United States?

Here is Article II, Section 1, Clause 5 of the Constitution of the United States: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this ...
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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 ...
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What does this sentence about Trump's lawsuits in Pennsylvania mean?

Source A turning point for the Trump campaign’s legal efforts came on Nov. 13, when its core team of professional lawyers saw the writing on the wall. The U.S. Court of Appeals for the 3rd Circuit in ...
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How would an originalist interpret a change in the implementation of a broad language?

The following question is inspired by a point made by Justice Breyer in the following link, but Justice Scalia did not specifically address this point, so I wondered how an originalist would address ...
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How would originalists vs living-constitutionalists assess the constitutionality of electing a female President of the United States?

This question regards the USA and its federal constitution. Article II, Section I of the US Federal Constitution says that: The executive Power shall be vested in a President of the United States of ...
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Can a pardon be issued clandestinely?

Say there exists some individual who is in danger of prosecution for federal crimes, though it's not yet certain what the exact charges will be, nor even whether the indictment will be made at all. ...
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What would prevent a US judge to condemn someone to slavery according to 13th amendment?

Let us assume that a particularly pervert judge (or a subversive one seeking to make a public case) condemns a convicted criminal to slavery, according to the 13th amendment that seems to allow for ...
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Does torture violate the US Federal Constitution, and if so under which theory?

We all know about the tortures that took place at Abu Ghraib prison. However, Justice Scalia explains to us that torture does not offend the US Federal Constitution. As Justice Scalia explained to us, ...
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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 ...
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What's the point of a subpoena if you can just invoke the fifth amendment?

I always thought a subpoena was an order to produce evidence or testimony, but I recently realized that you can just invoke the fifth amendment if you're served a subpoena. Given the complicated ...
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Has the fugitive slave clause of the US constitution been used since passage of the 13th Amendment?

The Wikipedia article on the 'Fugitive Slave Clause' of the US constitution (Art. IV § 2(3)) says (emphasis added): The passage of the Thirteenth Amendment to the United States Constitution, which ...

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