7 votes

Can a person be convicted for violating a law that had been ruled unconstitutional by a lower court but was later reinstated?

No. This is covered by the U.S. Constitution by its banning of Post Ipso Facto laws from being enforce (i.e. The law cannot be enforced against violations of the law that took place prior to the ...
hszmv's user avatar
  • 22.8k
6 votes

Is it constitutional to require that certain drivers have no detectable alcohol in their bloodstream without religious exemptions?

Is this a violation of his freedom of religion? No. Even if freedom of religion allows for sacramental consumption of alcohol, it doesn't give you a right to drive a motor vehicle after doing so. ...
ohwilleke's user avatar
  • 196k
6 votes

If the legislature wrote into law "black is white", how would the judiciary react?

There was a recent case in the US state of California (Almond Alliance v. California Fish & Game Commission) that got a lot of press because the court found that bees were fish. The California ...
Justin Cave's user avatar
  • 1,746
3 votes

Can a person be convicted for violating a law that had been ruled unconstitutional by a lower court but was later reinstated?

Can I be convicted for having violated the law at a time when it was considered unconstitutional? Generally, yes, in any case where ignorance of the law is no excuse, which is the vast majority of ...
ohwilleke's user avatar
  • 196k
2 votes

Safety of Rwanda (Asylum and Immigration) Bill

It remains to be seen whether this bill will be passed, or in what form. At the time of writing, the draft text has not had its initial Commons debate yet. Whether the legislation would "succeed&...
alexg's user avatar
  • 4,881
2 votes

If the legislature wrote into law "black is white", how would the judiciary react?

Statutes do not define words in a vaccuum. Or if they do, there just is no effect. Statutes define words for particular purposes in particular contexts. Statutory definitions are also used to expand ...
Jen's user avatar
  • 44k
1 vote

Is it constitutional to require that certain drivers have no detectable alcohol in their bloodstream without religious exemptions?

A similar question can be (and was) raised about use of illegal drugs, specifically peyote, in Employment Division v. Smith, 494 U.S. 872. In that case, respondents argued that their First Amendment ...
user6726's user avatar
  • 211k
1 vote

Can a US President give police a "kill order"?

Of course he can. I hereby order you, DSFan, to go eat some cheese. That is a direct order, from me to you. Now, I don't have any particular authority to issue that order. I certainly don't have a way ...
fectin's user avatar
  • 111

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