43 votes
Accepted

What was the relevance of 'crossing state lines' in the Kyle Rittenhouse case?

The "crossing state lines" narrative originated from the false presumption that Kyle Rittenhouse illegally carried a rifle across state lines from Illinois into Wisconsin. If this had been ...
Rstew's user avatar
  • 922
35 votes

How many separate judicial systems are there in the United States?

Part of the answer depends upon how you count it. Also, before one gets lost in the "trees" of the many U.S. court systems, it is important to note that the bulk of litigation of ...
ohwilleke's user avatar
  • 206k
34 votes

In the US, can a state court issue a subpoena against, arrest, try, convict, or jail the US president?

With regard to subpoenas, the Supreme Court's recent ruling in Trump v. Vance makes it clear that states can issue subpoenas to sitting presidents. (The case in question involved a subpoena to a ...
Nate Eldredge's user avatar
30 votes
Accepted

Does murdering the President of the United States differ, as a crime, from regular murder?

Murdering a sitting President is singled out as a separate federal crime from murder, in general, which is another crime that could be brought in such a case. See 18 U.S.C. § 1751. This is notable ...
ohwilleke's user avatar
  • 206k
29 votes

"Murder laws are governed by the states, [not the federal government]." Is Vivek Ramaswamy right?

It's a bit of an oversimplification. You're correct that there is a federal law against murder, 18 USC 1111. However it applies only to a murder committed in the special maritime and territorial ...
Nate Eldredge's user avatar
23 votes
Accepted

Could the federal government begin registering vehicles and issuing driver licenses, overriding state law?

The federal government could easily use the general welfare or interstate commerce clauses to justify vehicle registration and driver licensing.
Tiger Guy's user avatar
  • 6,194
22 votes

What was the relevance of 'crossing state lines' in the Kyle Rittenhouse case?

I think this is more of a Politics question than a Law one. From a political point of view, it's useful to frame someone as part of the outgroup to discredit them and paint them as not having a "...
Acccumulation's user avatar
19 votes

Citizenship of a US State (or German Land, or Canadian province, or US/Canadian territory)

germany German Länder do not provide any citizenship-like benefits. You are a resident and that determines your administrative duties like where you register your car, which public school you can go ...
nvoigt's user avatar
  • 6,987
18 votes
Accepted

Does Double Jeopardy prohibit prosecution, for the same event, in both Federal and State court?

Does double jeopardy prohibit prosecution, for the same event, in both federal and state court? No. Key precedents on the question are US v. Lanza (1922) and Abbate v. US (1959). From Lanza: The ...
phoog's user avatar
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18 votes

Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?

Question Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be? Answer Overview The way that the federal ...
ohwilleke's user avatar
  • 206k
17 votes
Accepted

Can federal courts overturn state court decisions on matters of state law?

No. Federal courts, when sitting in diversity jurisdiction,* are obligated to follow state law as articulated by state courts, as the Supreme Court ruled in Erie Railroad Company v. Tompkins. If there ...
Kevin's user avatar
  • 4,429
16 votes

In the US, can a state court issue a subpoena against, arrest, try, convict, or jail the US president?

The short answer is that this has never been tested so we can't know for sure. The longer answer is that past Presidents have been subpoenaed to testify in court but in those cases were never forced ...
IllusiveBrian's user avatar
14 votes

Citizenship of a US State (or German Land, or Canadian province, or US/Canadian territory)

US states establish residency, used for access to services (like public libraries), things like in-state public university tuition, and paying taxes. Generally this is less of a service to the ...
Tiger Guy's user avatar
  • 6,194
13 votes

"Murder laws are governed by the states, [not the federal government]." Is Vivek Ramaswamy right?

This Is Not An Accurate Statement Of U.S. Constitutional Law State governments have "plenary" (i.e. unlimited) power to enact any legislation authorized by the state's constitution which is ...
ohwilleke's user avatar
  • 206k
12 votes

Could the federal government begin registering vehicles and issuing driver licenses, overriding state law?

The Federal Government issues license plates for its own vehicles and for vehicles owned by diplomats. The law was changed for diplomats about 40 years ago. Before that diplomatic plates were issed by ...
David Smith's user avatar
12 votes

USA write-in ballots

If the U.S. Supreme Court does rule that states can bar him from being listed on the ballot as a printed name, what happens if enough of his supporters decided to list him as as a write-in name on ...
ohwilleke's user avatar
  • 206k
12 votes
Accepted

What stops Musk from changing Tesla's incorporate location to find judges that would rule in his favor

Short Answer What stops Elon Musk or any CEO from constantly changing place of incorporation if judges don't rule in their favor? Nothing other than the need for approval from the board of directors,...
ohwilleke's user avatar
  • 206k
11 votes

Citizenship of a US State (or German Land, or Canadian province, or US/Canadian territory)

Under the 14th Amendment to the United States Constitution, a U.S. citizen is also a citizen of the state in which the citizen resides, a term usually interpreted to match the common law concept of ...
ohwilleke's user avatar
  • 206k
11 votes

What does Section 2 of the 21st Amendment to the US Constitution do?

State laws that impair the ability of businesses to operate on an interstate basis can be held unconstitutional and invalidated pursuant to a U.S. Constitutional law doctrine known as the dormant ...
ohwilleke's user avatar
  • 206k
11 votes

USA write-in ballots

Merely having an invalid write-in does not spoil the ballot in general; it spoils only that vote. If the ballot is ranked-choice, further votes are counted, and if there are other votes on the ballot (...
Acccumulation's user avatar
9 votes
Accepted

Can Hawaii secede from the U.S. through legal means?

Currently, there is no legal means for a state to secede form the U.S. A quick Google search yields So you want to secede from the U.S.: A four-step guide - The Washington Post: "When the ...
BlueDogRanch's user avatar
  • 18.8k
9 votes
Accepted

Can the federal government directly modify state law?

Can the federal government directly modify state law? No. The U.S. Supreme Court has limited the authority of Congress to directly regulate the operations of state governments. This is called the ...
ohwilleke's user avatar
  • 206k
8 votes

What was the relevance of 'crossing state lines' in the Kyle Rittenhouse case?

They framed him as a chaos tourist who provoked people, and so was provoking and so caused himself to be attacked. Just a small part of the deluge of chaos tourists we saw here in Kenosha, trying to ...
Nepene Nep's user avatar
7 votes
Accepted

Can the federal government force state/local governments to share water with neighbouring states/localities?

Civil Procedure In Interstate Disputes Legal disputes between U.S. states (or between the United States government and a U.S. state, or both) are resolved in the U.S. Supreme Court and in these ...
ohwilleke's user avatar
  • 206k
7 votes

In the US, can a state court issue a subpoena against, arrest, try, convict, or jail the US president?

Others have addressed the power of a state court to subpoena a President (correctly IMHO), subject to privileges for national security secrets and confidential advice regarding a President's official ...
ohwilleke's user avatar
  • 206k
7 votes

Judicial federalism outside the US

While this isn't a simple and direct answer, it should point you in the right direction. There are countries which like the United States have parallel national and subnational court system, including ...
ohwilleke's user avatar
  • 206k
7 votes

Citizenship of a US State (or German Land, or Canadian province, or US/Canadian territory)

Switzerland is another example of different countries doing things differently. You become a citizen of Switzerland by becoming a citizen of a municipality. Different cantons have different laws ...
Michael Hardy's user avatar
6 votes

Can an American sue their own state directly in the federal Supreme Court?

The Eleventh Amendment has generally been construed to bar suits against a state by citizens of that state in federal court. There are all sorts of caveats, though, and it's possible that the doctrine ...
Pat W.'s user avatar
  • 6,106
6 votes

U.S. Code and the Supremacy Clause

While the point made by user6726 is not wrong with respect to this particular statute, it doesn't address a more basic point about how the supremacy clause works. Federal criminal laws govern ...
ohwilleke's user avatar
  • 206k

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