Questions tagged [us-constitution]

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

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6
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2answers
523 views

What is the theory that allows a state to appeal a judgment of its own supreme court to the US Supreme Court?

Suppose John Doe is facing criminal prosecution in Florida. He raises a 4th Amendment issue, and the Florida Supreme Court grants him relief. At this point, the state of Florida can appeal to the US ...
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Are US Senate/House rules legally enforcible?

Suppose, for example, that the Senate is considering the passage of a law. A Senator has decided to open a filibuster. After a half hour, the majority leader tires of hearing this Senator speak. He ...
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2answers
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What is the justification for curfew laws?

It's Halloween, and some municipalities are creating curfew laws intended to prevent people under 18 from being in public during the late night hours, for example South Brunswick, NJ. It seems like ...
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4answers
468 views

Do I have a Constitutonal right to refuse to answer questions asked by CBP - whether they are on the declaration form or in person

The Fifth Amendment states "no person shall be compelled to be a witness against himself". The Supreme Court, in US v. Miranda, ruled it unconstitutional for law enforcement officials to force a ...
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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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2answers
381 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
103 views

Under the 5th Amendment, how much compensation must a government agency pay after it seizes a piece of land?

I have a friend whose property was seized by the city for public use. We think he was underpaid because it was worth more than the City paid. How could this disagreement be prosecuted?
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2answers
395 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 ...
2
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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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2answers
1k views

In the United States, when can someone legally search my personal laptop? (Government or private security)

Unlike the United Kingdom, U.S. citizens don't have an explicit right to privacy in the Constitution. Although there are implied privacy rights within "penumbras" of the Bill of Rights this has ...
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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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1answer
613 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
567 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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1answer
292 views

How often, if ever, has the Supreme Court cited the Natural Moral Law in a majority decision?

I think it's cited occasionally by justices like Clarence Thomas, but it seems only when he's in the minority advocating something that most people see as being inline with his Catholicism under the ...
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2answers
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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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3answers
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How does the US constitution apply to aliens?

Does the constitution of the US extend its protections to— legal aliens in the US (e.g. visitors from overseas), and illegal aliens in the US (e.g. someone who has stayed beyond their visa's ...
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1answer
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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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