Questions tagged [us-constitution]

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

Filter by
Sorted by
Tagged with
2
votes
2answers
71 views

Can the US Supreme Court's appellate jurisdiction over cases in which it has original jurisdiction be limited?

According to the US Constitution, the US Supreme Court has original jurisdiction in "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party&...
0
votes
3answers
127 views

If a House member is barred from the House for not wearing a face mask, does that House member's constituents lose their representation in Congress?

I am wondering if a House member is barred from entering the House side of the U.S. Capitol Building for him/her choosing not wearing a face mask, while that House member is barred from the House side ...
-2
votes
2answers
100 views

Would this stand the test of the Constitution? [closed]

The back story: Lady in SF Walgreens in Civic Center with accomplice “robs” store fake-coughing and claiming to have COVID. Security, manager won’t touch them, they flee with $90 of merchandise likely ...
9
votes
1answer
750 views

Can constitutional matters brought to the Supreme Court be deferred if Congress has yet to fully determine its stance on the matter?

I saw at the following wiki page, that the supreme court has decided not to hear a constitutional matter while admitting there is a constitutional issue in need of addressing. Saying the following... ...
3
votes
4answers
1k views

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 ...
1
vote
3answers
166 views

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 ...
5
votes
3answers
166 views

Can an American Indian tribe be a monarchy?

The US constitution guarantees States a republican form of government. Does this apply to sovereign American Indian tribes, or could a tribe decide to have a hereditary chieftainship?
2
votes
1answer
35 views

Different laws in different states and equality

Could someone throw light on the following, or refer me to appropriate cases. Where in the US Constitution does it allow different states to administer different laws? Doesn't this contradict the ...
1
vote
2answers
64 views

Any extreme circumstance when a substantially probably prevailing party can ask for some immediate injunction that they be provided attorney's fees?

Let's say, in California, a Forbes 500 multi-billionaire wrongdoer has engaged and continues to engage in such fraudulent and/or malicious and oppressive conduct that has made plaintiff and continues ...
5
votes
2answers
1k views

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 ...
1
vote
1answer
150 views

Miranda warning - requirement to be “read”

Colloquial commentary, TV cop-shows and the like often make reference to the Miranda warning being read to a suspect although this is not mentioned within the linked Wikipedia article. The dictionary ...
15
votes
3answers
2k views

Does the Right to Counsel require qualifications?

In the U.S. the Constitution has been interpreted as requiring that anyone arrested be allowed, at their request, to consult with a lawyer before being questioned, and to have one present during ...
4
votes
4answers
22k views

Can you refuse to show ID and give information to Border Patrol agents when not at a international border?

There are hundreds of videos on YouTube filmed by drivers who refuse to show ID or give information to Border Control agents at interior (non-international border) checkpoints (permanent or ...
0
votes
1answer
75 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 ...
0
votes
1answer
94 views

Which of these two possible readings of the Twenty-Seventh Amendment is the correct one?

The 27th Amendment to the Constitution of the United States stipulates that: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an ...
4
votes
1answer
313 views

What is the apex court in the USA?

In South Africa we have the constitution court which dedicates itself to constitutional matters. The US has a constitution like South Africa has but as far as I know no court dedicated to a addressing ...
0
votes
0answers
27 views

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 ...
0
votes
1answer
62 views

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 ...
29
votes
3answers
13k views

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 ...
4
votes
1answer
136 views

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 ...
1
vote
1answer
60 views

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 ...
-4
votes
1answer
55 views

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 ...
0
votes
1answer
116 views

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 ...
1
vote
1answer
150 views

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 ...
2
votes
3answers
1k views

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 ...
1
vote
3answers
176 views

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 "...
15
votes
4answers
6k views

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 ...
1
vote
1answer
85 views

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&...
7
votes
5answers
4k views

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 ...
21
votes
4answers
2k views

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 ...
1
vote
2answers
188 views

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 ...
3
votes
2answers
155 views

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, ...
3
votes
1answer
125 views

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 ...
1
vote
1answer
51 views

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 ...
3
votes
2answers
1k views

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 ...
0
votes
3answers
201 views

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?
12
votes
5answers
4k 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 ...
3
votes
1answer
69 views

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. ...
-5
votes
3answers
2k views

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 ...
3
votes
3answers
151 views

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 ...
1
vote
2answers
102 views

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 ...
4
votes
2answers
261 views

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 ...
0
votes
1answer
64 views

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 ...
4
votes
2answers
921 views

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 ...
20
votes
2answers
3k views

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: ...
0
votes
2answers
123 views

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&...
6
votes
1answer
1k views

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, ...
-1
votes
3answers
98 views

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. ...
6
votes
2answers
260 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 ...
18
votes
2answers
4k views

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 ...

1
2 3 4 5
7