132

A few possible reasons it could be illegal (on an issue spotting basis, not a careful analysis of each possible reason): The EO is intended to discriminate on the basis of religion and in fact does so in violation of the 1st Amendment to the United States Constitution. The EO is intended to unlawfully discriminate based upon race or ethnicity in violation ...


31

The US President is Commander-in-chief of the US military. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; (from Article II section 2) That does not make the president the direct boss of every federal employee. The ...


28

Yes, A First Amendment defense would apply. This is no longer a crime. Schacht In Schacht vs. United States, 398 U.S. 58 (1970) the US Supreme Court held the final clause of 10 USC 772(f) unconstitutional on just this ground. In that case anti-war protesters rehearsed and performed a skit in which soldiers shot and killed a character dressed as a member ...


25

There is some precedent for claiming a right to free scientific inquiry. For example, the primary holding of Miller v. California, 413 U.S. 15 is that "Speech that is obscene and thus lacking First Amendment protection must be without serious literary, artistic, political, or scientific value" (note the omission of commercial speech). In Meyer v. ...


20

His statement suggests that he was at one time employed in a diplomatic function (and that assumes that he had diplomatic "papers" because of his employ), how does one lose that status, and is there any action that he is required to take to relinquish that status? Diplomatic personnel with official diplomatic status under the relevant treaties and for ...


18

In the US, there are a number of non-government organizations which take on such cases, such as the ACLU or the Institute for Justice; individual law firms may also take such cases pro bono. There is no automatic right to free representation in case a constitutional issue is alleged, so if IJ doesn't like your case they won't take it. These are private ...


16

Rather than focus on the particular Executive Order, I will consider the general grounds on which an XO may be unlawful. Federal jurisdiction First, it must deal with matters that are properly within the power of the Federal government. An XO that deals with matters that properly belong to individual states would be unlawful. This applies to all lawmaking ...


15

There is an underlying premise that the Capitol Police could lawfully exclude POTUS from the building. The Capitol Police power is created by 2 USC 1961, and includes the power to enforce certain sections of Title 2 Ch. 29, regulations created under that power, Title 40 Ch 51, and to make arrests for any violation of US law within the building. Were POTUS to ...


14

Since you asked, and it's a perfectly legitimate question, here's why it doesn't violate the Fifth Amendment (from Garner v. US): The Fifth Amendment doesn't say "you can't be made to say anything that hurts you." It says "no person...shall be compelled in any criminal case to be a witness against himself." The only time Fifth Amendment protection applies ...


12

The Twelfth Amendment states that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States." Thus, to serve as vice president, an individual must: Be a natural-born U.S. citizen; Be at least 35 years old. https://en.wikipedia.org/wiki/Vice_President_of_the_United_States https://en....


12

Overview Generally speaking the Titles of Nobility clauses in Article I, Sections 9 and 10 of the U.S. Constitution, were aimed at barring hereditary grants of special privileges which is what it means by "Titles of Nobility". In particular, it was mostly aimed at preventing a monarchy from arising in the U.S. This said, there is extremely little case law ...


12

[C]an this decision really be used as legal precedent for birthright citizenship for tourists and illegal immigrants? Yes. If the case did not depend on the fact that they were lawfully resident in the US, then it would apply to those who are not lawfully present in the US. For the case to apply to some people but not others, there must be a ...


12

"Contempt of Congress" does not extend, in a legal sense, to insulting Congress as a whole, one house, a committee chair, or a member. (Congress and its committees have power to require both members and witnesses to abide by its rules of decorum, which forbid such insults, but as far as I know the remedy is merely to remove the disorderly person.) Contempt ...


11

tl;dr My assumption: the U.S. government is considering whether to accept refugees and immigrants (given your Syria comment). The background section talks about State attempts to restrict entry. The answer is nuanced since there are different standards for an entrance decision than there are for someone who is already in the U.S. This is because ...


11

There are several possible ways to get there, but the answer is "there is no such position." Acting President vs. President Under the Constitution: In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the ...


11

Situation in Germany: unless you are charged with a crime (where other rules apply, but you will have access to a lawyer), you may apply and be granted Prozesskostenhilfe (PKH, assistance for law suit costs). Criteria are: low income, low wealth not a nuisance suit sufficient reason to suggest that the suit is winnable Towards the latter two points, the ...


11

There are a number of specific limitation on what can be made criminal in US law, derived from constitutional protection. Specific Rights Expressions of free speech, for example, cannot be made criminal, although there can be laws which regulate or impact speech to a degree. Similarly, the establishment clause of the First Amendment prohibits a law ...


10

Congress could start by repealing the The Antiterrorism and Effective Death Penalty Act of 1996. Afterwards Congress could draft a new law that gives prisoners, sentenced to death, a right to appeal to the Supreme Court. Currently, the Supreme Court chooses which cases it reviews, this law would force the Supreme Court to review each death penalty case. ...


10

The show ignored the existing legal framework. Almost all U.S. police officers are employed by state and local governments and do not report directly to the President, even in an emergency. A small number of law enforcement officers are federal employees with a direct line of command to the President (e.g. the Secret Service and the security guards in the ...


10

To supplement ohwilleke's answer (and drawing on a State dept. legal guidance document), there are three categories of "diplomat": diplomatic agents, members of the administrative and technical staff, and members of the service staff. With respect to the current issue, what is relevant is whether a person is subject to the jurisdiction of the US – this is ...


9

The circuits all over the place on this one but I don't see these facts fitting according to the strictest rule. It is within the discretion of the police to decide whether delaying the arrest of the suspect will help ensnare co-conspirators, as exemplified by this case, will give the police greater understanding of the nature of the criminal ...


9

TL;DR: It's controversial, but it looks like it also protects the rights for the individual. 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. While the exact explanation is a matter of opinion, it reads like it's a subject, a reason and a right to the subject....


9

In Article I, section 9, the Constitution says: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken. A "capitation" is also called a head tax; it means you tax $X for every person. The meaning of "other direct Tax" is less clear; the historical understanding in the late ...


9

I will only address this part of the question: Who would be able to authoritatively decide the constitutionality of such a question, with all Supreme Court justices having clear conflict of interest on the matter? The Supreme Court could still hear such a case, as the justices make their own decisions about when to recuse themselves. In particular, they ...


8

The United States could sign a treaty with Canada under which it undertook to eradicate the death penalty throughout the nation. This would authorise Congress to pass an Act abolishing state-level death penalties under the foreign affairs power. This is the trick they used to regulate birds despite a lack of an avian head of power in the Constitution. The ...


8

Advisory opinions violate the separation-of-powers doctrine. The "case or controversy" clause helps enforce this separation. The judicial branch is responsible for resolving legal disputes by interpreting and applying existing law. In doing so, it may incidentally modify or extend the law. Courts are only supposed to do this to the extent necessary to ...


8

In France, there is an institution known as the Council of State, that is charged with monitoring and supervising the government bureaucracy of France. In France you can very inexpensively fill out a form easily available in retail stores that explains your dispute with the government in plain language accompanied by a nominal fee. The Council of State (...


8

What Is Treason? Treason is the only crime defined in the U.S. Constitution, at Article III, Section 3 which says: Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the ...


8

Apparently, people are citing these cases for the proposition that there is a right to drive a car without a license (several facebook accounts making this claim have been shut down and a document making this argument is signed with the Biblical name of God). This is frivolous poppycock reserved for conspiracy theory crackpots that also never works. A ...


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