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28 votes
Accepted

Is murder unconstitutional?

The Constitution does not define any crimes (except for an explicit limit on what can be considered 'treason.') It places limits on what penalties the government may apply for crimes and how crimes ...
reirab's user avatar
  • 2,982
24 votes

Is murder unconstitutional?

The U.S. Constitution sets up the structural framework of the government and the restraints upon it. While much of the Constitution consists of a general framework for the federal government’s form ...
Jen's user avatar
  • 59.5k
7 votes

Is murder unconstitutional?

The only crime defined in the Constitution itself is treason. There are statutes defining “murder,” but those could be changed or repealed. There is also a common-law definition of murder, which ...
Davislor's user avatar
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5 votes
Accepted

Can a court-declared unconstitutional law become valid when it's added to the constitution?

Before the election, can a lawsuit prevent the amendment question from being put on the ballot? No. Generally speaking, the constitutionality of an otherwise procedurally proper ballot initiative is ...
ohwilleke's user avatar
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4 votes

Can US Congress/government bar a specific foreign country's persons (individuals or firms) from due process clause?

No The right to Due Process is a personal right of anyone who may come before a US court, or interact with an agency of any US government, Federal, State, or local. It is noit a national right, to be ...
David Siegel's user avatar
3 votes

Is murder unconstitutional?

you are simply confusing two bodies of law, criminal law and constitutional law... moreover, States generally as sovereigns often grant themselves abusus over their subjects or citizens, i.e. the ...
quetzal's user avatar
  • 31
3 votes
Accepted

Are there any absolute rights in the US?

No rights are absolute. All rights exist in some fashion of conflict with other rights, in particular when they clash with the rights or welfare of others.
Tiger Guy's user avatar
  • 7,139
3 votes

In the US, isn't property tax for our house unconstitutional?

The Constitution said people have the Rights to Properties. No it doesn't. There is no such provision. The closest I am aware of is the so-called "takings clause" in the Fifth Amendment, ...
David Siegel's user avatar
3 votes

Is murder unconstitutional?

Murder by a private citizen is not unconstitutional, in the same way the same way that it doesn’t violate Roberts Rules of Order, or the rules of the FIDE (International Chess Federation). Crimes and ...
jmoreno's user avatar
  • 2,115
3 votes
Accepted

Can city codes be void-for-vagueness?

A city ordinance can be void for vagueness. This ordinance is not. A city ordinance may be struck down as vague if it (1) "fails to establish standards for the police and public that are ...
bdb484's user avatar
  • 60.7k
3 votes

Can Congress' rules be unconstitutional?

United States v. Ballin, 144 U.S. 1 (1892) asked whether a congressional rule relating to determining quorum comported with constitutional requirements. In deciding that the rule was valid, the Court ...
Jen's user avatar
  • 59.5k
3 votes
Accepted

Prosecution of politicians who violate the constitution

In the case of legislative officials, the U.S. Constitution, and most state constitutions, have a "speech and debate clause" that absolutely immunizes legislators from civil or criminal ...
ohwilleke's user avatar
  • 221k
3 votes

How (and how come) are US state/federal prosecutors allowed to seal indictments?

The purpose of the grand jury system is to ensure that innocent people don't have their names dragged through the mud by the mere fact of being accused of a crime. The US founding fathers were ...
Justin Cave's user avatar
  • 3,067
3 votes

How (and how come) are US state/federal prosecutors allowed to seal indictments?

An indictment is not the deprivation of liberty. An indictment is actually part of the due process of law that is guaranteed in the Constitution. Deprivation of liberty means incarceration. The ...
Tiger Guy's user avatar
  • 7,139
2 votes

How (and how come) are US state/federal prosecutors allowed to seal indictments?

Grand jury proceedings and statements are sealed in their initial state, for example you can't go listen in on the hearing. At some point a legal document may be produced, and filed with the court: ...
user6726's user avatar
  • 215k
2 votes

In the US, isn't property tax for our house unconstitutional?

Maybe, that’s why there isn’t one There are plenty of state property taxes administered by local government but the USA doesn’t have one.
Dale M's user avatar
  • 213k

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