Questions tagged [us-constitution]

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

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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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3answers
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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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Is the typo in the 25th amendment significant?

The fourth section of the 25th amendment to the US constitution provides for the president to be declared unfit involuntarily. The first of its two paragraphs describes the declaration itself, made ...
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3answers
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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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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 ...
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1answer
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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 ...
22
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3answers
4k views

Could a US state allow non-citizens to vote in presidential elections?

On July 30th, President Trump suggested in a tweet that the US presidential election should be delayed due to COVID impeding in-person voting. Every news article I've read since (Vox, Slate, ...
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4answers
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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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Why was Joe Arpaio not given a jury trial?

Joe Arpaio, the former Sheriff of Maricopa County, AZ, was found guilty of criminal contempt of court by U.S. District Judge Susan Bolton on July 31, 2017. Apparently Arpaio requested a trial by jury, ...
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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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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 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"?
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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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4answers
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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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2answers
2k views

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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3answers
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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 ...
11
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3answers
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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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5answers
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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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4answers
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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) ...
11
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1answer
211 views

Voting while serving a sentence for felonious refusal to pay taxes

Last I heard (but my information may not be up to date) in 49 48 of the 50 states in the U.S., persons serving a sentence for a felony are not allowed to vote. Suppose a person is convicted of a ...
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2answers
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Does the right against self incrimination mean you can't be forced to file a tax return?

Irwin Schiff claims that because you have a right against self incrimination and therefore it is wrong for you to have to reveal anything about what you make. Therefore, the government can levy the ...
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2answers
16k 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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Does the sixth amendment entitle me to know who called the county on me for a code violation?

Is my accuser the person who petitioned the county to investigate a code violation?
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1answer
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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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1answer
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How can the US House of Representatives transition to be elected by proportional representation? Would editing “PL 2 USC 2c” work?

Here is context for my question: I am a student studying political science. I am researching policy that could be used to dismantle the stranglehold that the Democratic and Republican parties have on ...
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1answer
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What (if any) position is the highest office in the line of succession that someone ineligible to be president could hold?

"Can a young US Vice President follow in the line of succession?" was a question that sparked my interest. The answer to that questions is that a VP must actually be legally able to be President, as ...
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2answers
589 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, ...
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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 ...
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2answers
570 views

Could the Supreme Court prohibit abortion? (And other misconceptions about overturning Roe v Wade)

Here's my layman's understanding of Roe v Wade: A state had a law prohibiting abortion; That law was challenged all the way up to the Supreme Court; The Supreme Court found a right to abortion in the ...
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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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2answers
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Are US Senate/House rules legally enforcible?

Suppose, for example, that the Senate is considering the passage of a law. A Senator has decided to open a filibuster. After a half hour, the majority leader tires of hearing this Senator speak. He ...
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2answers
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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 ...
8
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2answers
586 views

What do the last four words of the Tenth Amendment mean?

The Tenth Amendment to US Constitution says (emphasis added): The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States ...
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5answers
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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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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 ...
7
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2answers
727 views

Why can ONLY federal authorities regulate interstate commerce?

The Constitution of the United States gives Congress the power to regulate interstate commerce. It seems the federal courts have held that only Congress, and not state legislatures, can regulate ...
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2answers
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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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2answers
840 views

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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3answers
357 views

At what point do immigrants acquire the right to due process

I am asking this because president Trump is calling for sending immigrants who approach the border from Mexico to be sent back without due process. I strongly suspect that it is illegal but a lot of ...
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2answers
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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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6answers
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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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2answers
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Which part of the US constitution protects the life and safety of US citizens?

I could not find any interpretation of the US constitution that US citizens have the right of life and safety. So what is the constitutional base for laws of crimes against the person (murder, battery,...
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4answers
485 views

Does the “natural born Citizen” requirement for presidency violate the ICERD?

Article two, clause five of the United States Constitution states: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, ...
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3answers
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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." ...
6
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2answers
258 views

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 ...
6
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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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1answer
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Can a US President give police a “kill order”?

Warning: spoilers for the TV show Designated Survivor ahead. The American TV drama Designated Survivor is set in a hypothetical world where terrorists have successfully attacked the State of the ...
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2answers
2k views

Confirming a new vice-president

Whenever the Office of President of the United States becomes vacant, whether by resignation, impeachment, ill health, whatever, the reason is immaterial. Naturally, the Vice President takes over ...
6
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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 ...
6
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1answer
461 views

How and to what extent does the US constitution force state legislatures to be democratic?

So there are a lot of provisions related to voting on a federal level, e.g. the electoral college is described in article II (interestingly, clause 2 says: "Each State shall appoint, in such Manner as ...

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