Questions tagged [us-constitution]

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

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Does interpreting a law differently violate equal protection?

A woman in South Africa was recently sentenced for yelling very racist slurs at four black police officers. According to a New York Times article, “Past racists who have come to court have been ...
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Legal Right to Own Nukes

As per the Second Amendment of the United States Constitution one has to wonder if there are any restrictions with regard to the type (or destructiveness) of arm you shall bear. If someone could ...
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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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Are US states bound by the US constitution when it comes to gun rights?

I am confused by a basic feature of US constitutional law. Does the US constitution restrict state laws as well as federal ones? Specifically, can a state law (or even a city law) ban the ...
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Is there a precedent or contingency to re-do an election disrupted by war, natural disaster, epidemic, terrorism or fraud?

I'm wondering about a situation where the election process clearly failed or was disrupted, leaving multiple people claiming to have won, and nobody confident in the result. Is there any plan in place,...
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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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239 views

Why is the Federal Reserve allowed to “coin Money” and define exchange rates?

According the to United States Constitution Article 1 Section 8, The Congress shall have Power To coin Money, regulate the Value thereof, and of foreign Coin, ... But it is the Federal Reserve, ...
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Are the U.S. military police allowed to operate on U.S. soil?

Recently I saw an action movie about military police officer in the U.S. One question surfaced for me - as far as I understand main task of military police (including its investigators) is to combat ...
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If a judge appears to be biased, can a lawyer request that another judge be present in the courtroom?

Hypothetically, in a court of law, if a lawyer notices that a particular judge is biased and unfair, can he request that another judge be present to ensure that there's no bias?
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Does the US constitution allow for a re-write?

Hypothetically... Say I wanted to re-write the constitution of the United States. Not amend it, but completely start over. Could I do that within the law? You've done it before, when the Articles of ...
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Can I sue the gas company for not notifying me that gas was shut off at a rental due to tenant not paying?

I have a continuation service agreement with the gas company and they neglected to notify me that they had discontinued the tenants gas service in April of 2017 for nonpayment. They also neglected to ...
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What means 'higher democracy' in the Constitution?

Source: Richard A. Posner, How Judges Think (2008). p 332 Middle.   The problem is not that he is asking the court to weigh impondera. bles. For while "weighing imponderables" sounds like an ...
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Is growing and consuming plants a “natural right” in the United States?

The Declaration of Independence says: ”We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among ...
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U.S. v. Cruikshank (1876) decision

Background According to my textbook: In Cruikshank ... the [Supreme] Court ruled that voting rights remained a state prerogative unless the state itself violated those rights. So long as the civil ...
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Who would declare a law unconstitutional if the Supreme Court couldn't?

Let's say the US Congress is passing a law. They are afraid that it would be declared unconstitutional in court, so they add an addendum saying "It is illegal for the Supreme Court to try this ...
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Andrew Cuomo suing over the 2018 tax plan

Andrew Cuomo (Governor of New York) is planning on suing over the 2018 tax plan, claiming it to be unconstitutional: https://www.usatoday.com/story/news/nation-now/2018/01/03/cuomo-new-york-sue-over-...
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Does a Constitutional Amendment Overruling a Court Decision Reinstate Any Applicable Laws?

Suppose the Supreme Court of the United States rules on an issue of a federal law and decides that a certain law is unconstitutional and cannot be enforced. Then suppose Congress proposes an ...
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Must US public agencies accept electronic notarizations performed in other US states?

In the vast majority of the United States, notarizations are required to be performed on physical paper while physically in front of a notary. However, Virginia has authorized notaries within their ...
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what are the fines for negligent administration of social security numbers?

Years ago (about 2001) I read a USC statute that stated that the fine for negligent storage of social security number could result in a $10k 'per record' fine. I have been looking for this USC or ...
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Why Was The 17th Amendment Necessary?

Specifically, why did it need to be a Constitutional Amendment instead of a regular law? The Constitution, under Article 1, Section 4, Clause 1, states that: The Times, Places and Manner of ...
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Can Congress dissolve the other branches?

Congress has the power to amend the Constitution. In theory, could they pass an amendment repealing Articles II and III, effectively dissolving the other two branches? This is clearly contrary to the ...
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Is it legal to operate a vehicle without a license in the purpose of traveling [closed]

I saw a post on here that was made about operating a motor vehicle and while the OP was correct and someone answered yes you can, and even gave a brief explanation I think it's judicially ...
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Could Puerto Rico become part of a US state?

Could Puerto Rico become part of a US state? I realise it has long been proposed as a 51st state, but that seems unlikely. So how about this alternative?
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How can federal law require seating for disabled people in a city train?

Once in a city train in Bay area, I saw a plate which says something similar to "federal law requires this seat to be reserved for disabled people". What part of the constitution authorizes the US ...
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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 ...
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When a new state is admitted into the U.S.A., when can the president appoint federal officers to serve within that state?

It seems the U.S. Senate had not planned to be in session on March 4, 1791, but President George Washington summoned them and addressed this message to them: Gentlemen of the Senate [4 March 1791] ...
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Is 36 U.S. Code § 301 relating to the National Anthem a law or a suggestion?

I came across an interview where a person mentioned 36 U.S. Code § 301, which according to https://www.law.cornell.edu/uscode/text/36/301 mentions how a person should respond to the National anthem. ...
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“Designated Survivor” scenario: What if a President is sworn in and someone earlier in succession resurfaces?

If something like what's depicted in "Designated Survivor" (TV-show) happened – POTUS, VPOTUS, Speaker, &c, were all (believed to be) dead – and the "designated survivor" had become acting ...
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What happens when a state statute is declared unconstitutional by a federal court?

As far as I understand, when a federal court declares a federal statute unconstitutional, lower court simply adopts the same practice in the future and no repeal of the statute is required. But what ...
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Can President Trump shoot off the nukes whenever he wants to, even for no reason?

According to a recent editorial in Scientific American(March 1,2017 "Take the Nukes off a Short Fuse"), the president of the United States can order missiles to be shot off without anyone else ...
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Warrants and statements under oath

If an arrest warrant is issued does that mean a statement was made under oath? If so if a part of the statement for the arrest warrant is proven false what are the implications? In the case of a ...
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Given SCOTUS precedent, how do I legal counter specifically religious solicitation? (USA)

USA Supreme Court has ruled that politicians, religious groups, the Girl Scouts and others have a constitutional right to go door-to-door promoting their causes without first getting permission from ...
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Constitutionality of a provision of the Northwest Ordinance of 1787, as amended in 1789

Wikipedia's article titled "Equal footing" states that The equal footing doctrine, also known as equality of the states, is the principle in United States constitutional law that all states ...
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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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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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Threat of fines in excess of allowable law, PA State Constitution, and US Constitution

Background: I own a historic building in a small town in Pennsylvania. My property as well as the house behind it and others were cited as significant historical properties as examples that allowed ...
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Michelle Carter the person who urged a man to commit suicide sentenced to 2.5 years in prison. Is this constitutional?

Earlier this year Michelle Carter was arrested and charged with involuntary manslaughter because she urged her a guy to commit suicide. The guy was already suicidal but actually told Michelle that he ...
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some aspects of the Steven Avery case

As many others all over the world, I follow the Steven Avery case. Can you explain to me this matter? According to an article on the internet, "a federal judge has overturned the 1st Degree ...
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Why Doesn't The President Just Make Laws?

If the President can create Executive Orders -- and those have the full force of the law, why doesn't the President just start making laws? Skip Congress.
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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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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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Why did the US Supreme Court hear this case?

An op-ed entitled A Major Church-State Ruling That Shouldn't Have Happened claims that In Trinity v. Comer, there was no remaining dispute between the actual parties As I understand it, courts ...
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Who are the “inferior officers” of the federal government?

A part of Article II, Section 2, Clause 2 of the Constitution of the United States says this: He [the President] ... shall nominate, and by and with the Advice and Consent of the Senate, shall ...
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Can a jury find a defendant guilty on a charge for which the defendant was not arraigned?

Can a jury find a defendant guilty on a charge for which the defendant was not arraigned? For example, if a defendant is indicted on a charge of manslaughter can the jury convict him of murder?
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What if a juror admits to having disregarded a judge's faulty instructions?

There are a number of situations where this could arise, but I'll use the one that I'm most familiar with: the Frank Quattrone (mis)trial. Frank Quattrone was an investment banker who was charged and ...
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Can the title/subject of my self-published novella get me sued?

I've written a novella entitled 'Regression Therapy' which I intend to self-publish. It's a black-comedy about a man who undergoes past life regression therapy and, well, it has negative consequences. ...
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Constitutionality of the Copyright Office

In the United States, a claim to ownership of a copyright must be registered with the copyright office before a civil lawsuit can be filed against a violator. (However, the violation could happen ...
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Is it legal to show myself holding a fake severed bloodied head of a living person for profit?

Q1: If I decided to make an image of myself holding a (fake) Kathy Griffin's bloodied severed head and took a full colored newspaper ad with that picture in order to promote myself, would Kathy ...
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U.S. Code and the Supremacy Clause

The 18 U.S. Code § 1111 punished first degree murder by death Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life; Whoever is guilty of murder in ...
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Why is the US allowed to print money?

Article 1 section 10 paragraph 1 of the US constitution says No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit;...

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