Questions tagged [us-constitution]

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

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1answer
135 views

Is not raising a mitigation argument, ineffective assistance of counsel?

If a defendant's counsel does not raise a mitigation argument, is that considered ineffective assistance of counsel?
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1answer
137 views

Does prior illegal police action render possession of prescription medication involuntary?

Does prior illegal police action render possession of prescription medication involuntary? For example, police filling a fraudulent prescription through a pharmacist instead of making an arrest.
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2answers
261 views

If a lesser crime imposes the same or greater sentence as a more severe crime, is the punishment considered cruel?

If a lesser crime imposes the same or greater sentence as a more severe crime, is the punishment considered cruel? One example, possessing a bottle of pills imposes a harsher sentence, longer term of ...
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2answers
720 views

Does the US Government have the constitutional authority to ban alcohol?

This is something that has always confused me. In 1919 the US Constitution was amended to ban alcohol. That amendment was repealed in 1933. Then in 1970 an act of Congress banned a large number of ...
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1answer
168 views

Video Recording Cops

I was wondering of the USA legalities of maintaining recorded video with audio when it comes to cops pulling you over while driving for whatever reason? I wasn't sure if you have to verbally tell ...
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1answer
194 views

Can a US government official legally deny they are a US government official

I was wondering if it is illegal or legal for a US government official/employee to deny that they work as a US government official/employee, even if they are requested to deny this information(I'm not ...
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1answer
2k views

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 ...
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2answers
286 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?
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2answers
590 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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1answer
954 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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1answer
86 views

If a federal bill reduces a sentence for a crime, can a prisoner get relief at the state level?

If a federal bill reduces a sentence for a crime, can a prisoner get relief at the state level, possibly by stating the original sentence was cruel and unusual punishment?
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3k views

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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382 views

Does the 14th Amendment give people the liberty to break laws and constitutions?

Are laws and constitutions themselves a violation of the 14th amendment? Can the government deprive people of their liberty to use drugs for recreational use, hire prostitutes, gamble, etc? Any law ...
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1answer
94 views

Will the Iran nuclear agreement become a treaty if passed?

United States. Question Will the agreement between the United States and Iran regarding their nuclear program become a U.S. treaty if passed by a simple majority of Congress? My understanding is ...
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2answers
396 views

Choosing what level of scrutiny to apply to enumerated rights

In court decisions dealing with burdens on enumerated rights you often see a discussion, or at least a reference to a previous decision, as to what level of scrutiny to apply. Why, in the case of ...
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1answer
46 views

doctor fees for lawyer services

I am a physician and almost routinely am inundated with forms from lawyers to fill for my patients so they can get disability. They get paid for these cases but expect me to fill these forms at no ...
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1answer
620 views

Why was the due process clause added to the 14th Amendment?

The 5th Amendment and the 14th Amendment both have due process clauses. The texts are almost identical: The Fifth Amendment: [N]or shall any person . . . be deprived of life, liberty, or property, ...
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2answers
570 views

Can US courts be made to define whether a given search is reasonable (i.e. constitutional)?

In 2014, regarding the forced disclosure of the encryption keys of his email service provider company Lavabit, Ladar Levison wrote: The largest technological question we raised in our appeal (which ...
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2answers
2k views

21st Amendment defence against drug crimes

I think it can be argued that Congress, by making the prohibition of alcohol unconstitutional, intended to remove the problems of prohibition, specifically, organized crime. Would my logic be sound ...
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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 ...

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