Questions tagged [us-constitution]

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

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Has the “right to assemble” (US 1st Amendment) ever been shown to apply to just two persons?

Has the "right to assemble" (US 1st Amendment) ever been shown to apply to just two persons? I was just wondering if it had ever been applied to as few as two persons. (Or even one person in fact.) ...
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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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Can a judge compel a tech vendor to develop software that can then be used to decrypt data from a device designed by that vendor?

US federal magistrate Sheri Pym of the US District Court of Central California issued Apple a court order compelling it to give the FBI software that it can use to decrypt the San Bernardino terrorist'...
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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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Does “district” in the Sixth Amendment include state judicial districts?

The Sixth Amendment refers to: "an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law" ...
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Employer green card sponsorship after termination

This question is a follow-up of my previous question. So I've been told to leave the company yesterday. Now my question is regarding the Green Card application. So I've been sponsored for EB1-B ...
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60 views

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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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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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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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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What does “support” mean, in oaths of office in the U.S.A.?

The third paragraph of Article VI of the Constitution of the United States includes this: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and ...