Questions tagged [us-constitution]

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

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129 views

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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1answer
634 views

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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USA Supreme Court and Congress response

I was viewing this video, which is the Crash Course on Government and Politics #22 : judicial Decisions The teacher says: "[Supreme Court] justices might be influenced by congress because they ...
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Can a Corporation Exercise a Fifth-Amendment Right Against Self-Incrimination?

So I googled "can corporations plead the fifth?" and I got a bunch of non-cited sketchy sources. Is there a precedent around a corporation refusing to produce documents as a result of a subpoena to ...
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USA - Grounds for Treason / Arrests to Prevent a Coup

The base question is what grounds must a president have to initiate arrests on the basis of treason. What evidence must be had, if any. In the event of a suspected Coup, what acts may the president ...
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What first amendment limits apply to law against "parading or demonstrating?"

Desiree A. Fairooz and two "Code Pink" co-conspirators were recently sent to jail and convicted for "parading or demonstrating on Capitol grounds" by dressing to be a visible symbol of dissent at Jeff ...
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Is receiving support from an enemy (i.e. reverse treason) a crime?

I think committing treason, in the U.S. constitution, can involve giving aid & comfort to our enemies. What if the enemy gives aid & comfort to you instead? Is that treason? Is it covered ...
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Is the right to free travel somehow covered in the First Amendment?

Could travel be a way to express oneself?
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Can a state regulate international money transfers?

A state representative from Texas next week will introdce HB 1760. The bill as presented will require persons here illegally who wire money outside the country to pay a 3% fee plus $5 per transaction. ...
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Does originalism address how to amend the Constitution for changing values?

Originalism is a method for interpreting law by enforcing what the text meant to the people who originally wrote it. Following originalism rights are adjusted to the current values of people by ...
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Significance of double negative language in 19th amendment of US constitution

The relevant part of the text is: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Why the double negative ...
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Is it true that it is legal in the US to circulate fliers that call for the extermination of a race or religion?

The Daily Stormer publisher Andrew Anglin claims: You could literally do a “why we must exterminate the Jews” flier and it wouldn’t violate any criminal statutes. This is the United States ...
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Does testifying before Congress carry the obligation to be forthcoming?

During Congressional testimony today (03/20/17), Adm. Michael S. Rogers was asked (among other things) if US citizens were required to report all contacts with foreign nationals and if failure to ...
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Why can colleges "discriminate" against students from other states by charging them more? [duplicate]

The Constitution states that the federal government has the right to regulate commerce between the states. As shown in Gibbons v. Ogden; Heart of Atlanta Motel, Inc. v. U.S.; Katzenback v. McClung; ...
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Can U.S. states form or join new unions?

The U.S. is presently a country with deep political divisions, which are distributed in part geographically. One possible resolution is a split into multiple nations; this idea was firmly refuted by ...
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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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Can the States be taxed by the Federal Government in the US

Article 1 section 2 paragraph 3 states that representatives and taxes may be assigned to each state based on their population. So this might be the answer to my question. But there are several ...
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What crimes are senators and representatives immune of?

Art. 1 Sect. 6 Cl. 1 of the Constitution states that [Part 1] The Senators and Representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury ...
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Can the US congress "break any deadlock that crops up between the president and the judiciary by ... impeaching a president or judge"?

According to a BBCnews article: Congress could break any deadlock that crops up between the president and the judiciary by creating a law that overturns his decision - or even impeaching a ...
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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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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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775 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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Does the USAF have any legal implications of being created much after the Constitution?

The Constitution discusses appropriations and regulations for land forces and Navy. Is it possible that the Air Force can benefit (or suffer) from this omission (on account of not yet being invented,...
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The condition of amendment in US constitution article V: Does it have any practical effect?

Article V rules how the constitution can be amended, provided that ... no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and ...

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