Questions tagged [us-constitution]

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

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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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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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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 ...
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How blatant the circumvention of the Constitution has to be for SCOTUS to act?

Consider the 3rd Amendment: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Suppose now ...
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How come the periodic copyright term extensions do not violate the US Constitution?

US Constitution, section 8, clause 8: [The Congress shall have Power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right ...
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Can presidential electors be challenged for performing “strictly a ceremonial function”?

BACKGROUND Despite the basically accurate title of this question, the full question is a bit complicated so I am going to start with some background and then ask an expanded version of the above ...
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“Congress shall make no law” vs “no person” in the Bill of Rights

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people ...
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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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Can Obama pardon Clinton? [duplicate]

Pardons are mentioned in the United States Constitution at Article 2, Section 2. ... The President ... shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except ...
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What is the legality surrounding the U.S. electoral college members becoming “faithless electors?”

So with Donald Trump declared the next (45th) President of the United States of America this week, a lot of people are unhappy to say the least. And the discussion of the role and purpose of the ...
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U.S. Citizenship by Birth

My spouse was born in 1979 to a legal foreign student couple , they left the U.S when she was a few month old and never applied for her U.S citizenship. now she wants to obtain her U.S citizenship ...
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Repeal of an amendment proposal to the U.S. Constitution

Can Congress repeal a proposal to amend the Constitution of the United states, when it has not yet been ratified? Has it ever happened? (If I'm not mistaken, some state legislatures have voted to ...
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Is it possible to nullify the U.S. Constitution via amendment?

Is it possible to nullify all U.S. government by amending the constitution?
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What happens to early votes if a candidate dies prior to the election?

If I absentee/early vote for a candidate in early October but that candidate dies prior to the November 2nd election, what happens to my vote? Do I get to vote over? Does that vote go to the VP ...
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Does out-of-state tuition violate the US Constitution?

Many colleges and universities charge more to students from out of state. Doesn't this violate the US Constitution, particularly the full faith and credit clause? Has this ever gone to the supreme ...
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Is there a hierarchy to laws?

I know very little about law. If I make a mistake in this post, just tell me and I would gladly remove it. I do not know if I describe my point effectively; here goes. I think, based on my logic, ...
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What does “support” mean, in oaths of office in the U.S.A.?

The third paragraph of Article VI of the Constitution of the United States includes this: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and ...
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Amendment disallowing more amendments

What would happen if a constitutional amendment were passed that forbade the passing of any more amendments? Would it be able to achieve that, or would something get in the way? I realize this would ...
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How does the “well regulated militia” clause affect laws?

The second amendment to the US Constitution states: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. ...
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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, ...
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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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Can I waive my constitutional rights?

e.g. in the EPL (Eclipse Public License) the last statement reads like this. Each party waives its rights to a jury trial in any resulting litigation. Can I waive my fundamental constitutional ...
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President-Elect Succession

If the Electoral College elects a future President and that person dies before taking office, would the Vice-President elect become President?
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What freedoms does a US citizen give up and/or retain under martial law, and who has the power to declare it and why?

I guess I'm asking more or less of the legal definition of martial law and any details surrounding that term?
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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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Are there standards for detention of property in connection with a search warrant?

We know that police and government are not liable for damage caused in the course of warranted searches. We also know that people who are not suspected of any crime can have their property searched ...
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Full faith and credit to D.C

In the case of Loving v. State of Virginia, the Supreme Court struck down state laws forbidding interracial marriage (I think there may have been 22 states with such laws). The couple had married in ...
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When do speakers need a license to speak?

I was reading this article. It's fairly long, but one sentence states that "generally, speakers need not obtain a license to speak". You can do control-F to find the location in the article. Here ...
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What distinguishes hate speech from harassment in the US?

In the United States, hate speech is protected by the First Amendment to the Constitution no matter how morally repugnant it is. But harassment is a crime and is therefore not protected. Here are ...
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Has the “right to assemble” (US 1st Amendment) ever been shown to apply to just two persons?

Has the "right to assemble" (US 1st Amendment) ever been shown to apply to just two persons? I was just wondering if it had ever been applied to as few as two persons. (Or even one person in fact.) ...

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