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2

No, action cannot be taken by the remaining Congresspeople1 Section 5 Clause 1 of the Constitution says: Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; There are 100 senators and 435 members of the house - you need 51 senators and 218 members ...


13

I don't know what reports are claiming it's "probably unlawful/illegal" and why when the Russian constitution states: The Constitutional Assembly shall either confirm the invariability of the Constitution of the Russian Federation or draft a new Constitution of the Russian Federation, which shall be adopted by the Constitutional Assembly by two thirds ...


37

Speaking strictly from a legal standpoint, what can be said on the issue? Strictly speaking, the Constitutional Court is the top authority on the legality of anything. One can speculate as much as they want on whether the Court was biased, pre-determined, corrupt, defiant, flagrantly blatant or ridiculously unjust. These speculations would be pure politics. ...


-2

A government ban on all gatherings of more than 10 people in the context of minimizing damage from a pandemic is something that is quite understandable. But people need to appreciate that there is a fine line between banning gatherings/movement/human-activity for a useful, acceptable and TEMPORARY reason and a totalitarian repression of the citizenry. ...


4

There are levels of scrutiny There are three levels of scrutiny for such actions, and the appropriate level depends on the nature of the gathering being prevented. Rational Basis is the lowest level. To pass the rational basis test, the action must have a legitimate state interest, and there must be a rational connection between the action's means and ...


5

It could be ruled unconstitutional if it was later found that these were bans for political or other motivation than health and safety and with consideration of their best knowledge at the time. But the constitution has some vagueness and some times of exception. Look at stop and frisk or martial law. Both can be implemented, but under rare circumstances, ...


48

How is banning such events constitutional with the freedom of assembly? The rights created by the First Amendment are not absolute. They are subject to reasonable restrictions as to time, place and manner, especially if those restrictions are content neutral. Restrictions narrowly tailored to protect against genuine threats public health and safety fall ...


21

Only time, and a lawsuit, will tell. Events of more that 250 people have been banned in the three largest counties of Western Washington, as authorized by state law. The first proclamation declared a state of emergency, ordering numerous other things in the second proclamation, and limiting large events in the most recent proclamation. Until the end of the ...


2

I would argue that he wrote it in keeping with the saying "say what you mean, and mean what you say." This passage discusses the difficulty of inferring constitutional principles from old authorities that were written during a time when constitutional thinking had not yet arrived at the "modern" position. In this case, he is considering the evolution in ...


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