New answers tagged constitutional-law
2
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 ...
- 195k
6
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 ...
- 22.8k
0
votes
Why does Art. 103 of the German Basic Law forbid a second trial after an acquittal?
Here are (in German language)
the press release
and the actual ruling
From the ruling:
(1) Träger des grundrechtsgleichen Rechts aus Art. 103 Abs. 3 GG sind nicht nur Verurteilte, sondern auch ...
0
votes
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 ...
- 210k
5
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.
...
- 195k
2
votes
Accepted
Texas - New Mexico Razor Wire Fence vs Interstate Commerce
If it interferes with interstate commerce, it would be illegal
But, there’s no evidence that it does.
There is no general right to walk across privately or publicly owned land whether that’s at a ...
- 198k
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