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68 votes
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What is the meaning of “and subject to the jurisdiction thereof” in the 14th amendment?

In the case of United States vs Wong Kim Ark 169 U.S. 649 (1898) (a 6-2 decision), the Supreme Court wrote: [T]he real object of the Fourteenth Amendment of the Constitution, in qualifying the words, ...
David Siegel's user avatar
34 votes
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Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

Justice Gorsuch attempts to explain (at p. 20 of his concurrence): In the years following Bakke, this Court hewed to Justice Powell's and Justice Brennan's shared premise that Title VI and the Equal ...
Jen's user avatar
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23 votes

Can the insurrection clause be applied without a conviction by jury?

Some due process is required and, whatever the initial procedure, it would be subject to judicial review. This is a link to the eight cases so far of people who have been disqualified for office under ...
George White's user avatar
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20 votes
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Can the insurrection clause be applied without a conviction by jury?

There is no requirement for disqualification to be the result of a jury conviction First, there is no such requirement on the plain reading of Section 3 of the 14th Amendment (and the current Supreme ...
Dale M's user avatar
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17 votes

Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

TL;DNR: You are right. Roberts says Harvard should lose because it violates the 14th Amendment. But he does not say the 14th Amendment applies directly to Harvard. He says Title VI and the 14th ...
Just a guy's user avatar
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14 votes
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Could the 14th amendment, section 3, keep Trump from holding office for a second term?

I apologize if I'm grossly misinterpreting things here. You are grossly misinterpreting things here. Your mistakes aren't terribly uncommon, but you are completely and totally wrong in what you are ...
ohwilleke's user avatar
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10 votes

Can the insurrection clause be applied without a conviction by jury?

Yes. Section 3 of the 14th Amendment is not part of the criminal law; it is simply a factual condition for the eligibility of a person for holding public office. Denying that eligibility is not a ...
Peter - Reinstate Monica's user avatar
9 votes
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Equal Protection and Samoan Credit Law

This is a law of American Samoa. American Samoa is not a state of the US. American Samoans are not automatic citizens under the 14th Amendment. The 14th Amendment says "No State shall make or ...
user6726's user avatar
  • 215k
8 votes

Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

Harvard university receives substantial money from the federal government. There is a federal law prohibiting racial discrimination in education, 42 USC 2000d, which says No person in the United ...
user6726's user avatar
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7 votes
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Is there anything stopping US States from pirating software now, with this new Supreme Court ruling?

So, as I understand the decision, it's a little more subtle than that. By default, states have sovereign immunity and can't be sued without their consent. Congress can remove ("abrogate") this ...
Nate Eldredge's user avatar
7 votes

What is the meaning of “and subject to the jurisdiction thereof” in the 14th amendment?

Can you break a law? Can you be held to account for that law you broke? If yes, then you're subject to the jurisdiction of those laws. Foreign invaders are not subject to our laws. Diplomats with ...
Matthew Jolly's user avatar
6 votes

Could a state legalize murder?

With some limited exceptions, yes. Decriminalization Could a state decriminalize killing other people in all cases? Probably, although if it only partially decriminalized killing other people, and ...
ohwilleke's user avatar
  • 218k
6 votes
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Could a state legalize murder?

Yes, it Could A state can repeal or modify its laws against any particular crime, or just decline, as a matter of policy, to enforce such laws. It is in my view quite unlikely that a state would do ...
David Siegel's user avatar
6 votes

Why did Judge Hugo Black consider Humanism and athiesm to be a religion?

The relevant passage from the opinion in Torcaso v. Watkins, 367 U.S. 488 (1961) is: We repeat and again reaffirm that neither a State nor the Federal Government can constitutionally force a person ...
David Siegel's user avatar
6 votes

How is the 14th amendment relevant to the debt ceiling?

Congress passes, and the President signs, a legal binding budget for the Federal Government that in broad strokes dictates "we will spend $6.2 Trillion dollars". They pass this budget, ...
abelenky's user avatar
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6 votes

Case Where Court Found Exception to Judicial Absolute Immunity Preferably From USDC for the Southern District TX Houston Division

It is hard to be specific because the question doesn't clarify what kind of conduct might or might not be subject to judicial immunity and the law, especially the law of exceptions of general rules, ...
ohwilleke's user avatar
  • 218k
5 votes
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Board of Estimate of City of New York v. Morris

The Board of Estimates still gave small boroughs like Staten Island more representatives per voter than large boroughs like Manhattan. Therefore it violated the one man, one vote principal which is ...
ohwilleke's user avatar
  • 218k
4 votes
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Clarification on Amendment XIV

It says if some portion of the electorate is deprived of the right to vote then the state looses an equal proportion of its representation in Congress (and therefore electoral college votes). There is ...
George White's user avatar
  • 12.8k
4 votes

Could a state legalize murder?

Yes. Absent a state constitutional provision to the contrary, which is unlikely, a state legislature could legalize murder; and of course a state could also amend its own constitution to remove even ...
Mike Petrik's user avatar
4 votes
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What did Scalia mean when he said that the Constitution "explicitly" protects racial minorities?

The 13th to 15th Amendments to the U.S. Constitution are called the "civil war amendments" as they were enacted in the fallout from the U.S. Civil War. The 15th Amendment specifically ...
ohwilleke's user avatar
  • 218k
4 votes

Comparison of Biden and Evanston Race-Conscious Policies

The situations cannot reasonably be compared legally. In Wynn v. Vilsack, a motion for preliminary injunction was granted (and the program was not ruled unconstitutional). In the ruling, the court ...
user6726's user avatar
  • 215k
4 votes
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In Section 3 of the 14th Amendment, what does "enemies thereof" refer to?

William Baude and Michael Stokes Paulsen provide an analysis of the meaning of the clause, and conclude: Finally, aid or comfort to whom? “[T]he enemies thereof.” We believe that “enemies” as ...
Jen's user avatar
  • 56.9k
4 votes
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Case Where Court Found Exception to Judicial Absolute Immunity Preferably From USDC for the Southern District TX Houston Division

Judges violate the law every day. Permitting a lawsuit over every error would cripple the courts.* But ignoring every violation would render the law meaningless. So the courts have established a ...
bdb484's user avatar
  • 60.2k
4 votes

Has the constitutionality of day-fines been challenged in the US?

Has the constitutionality of day-fines in the United States ever been challenged under the Equal Protection Clause, or any other part of the Constitution? A quick search of the case law in the ...
ohwilleke's user avatar
  • 218k
3 votes
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Citation request: US Case on removal of a judge for past confederate affliation

There is a factually similar impeachment case. But there might be a court case fitting these facts as well. No such case is annotated by West under 14th Amendment, Section 3 either with the note or on ...
ohwilleke's user avatar
  • 218k
3 votes

How deterministic are modern legal systems?

Many decisions of the US Supreme Court have been overruled later. Plessy v. Ferguson (1896), allowed "separate but equal" segregation; overruled by Brown v. Board of Education (1954) Roe v. ...
Someone's user avatar
  • 17k
3 votes

How deterministic are modern legal systems?

Not Deterministic The legal system is not very deterministic. There are several points in the process where human judgement, with few explicit rules to constrain it, determines or significantly ...
David Siegel's user avatar
3 votes

Could the 14th amendment, section 3, keep Trump from holding office for a second term?

This question had only 1 answer prior to 2021-01-06, and circumstances changed on that day. There have also been related cases since, and more things that have come to light. Yes, Donald Trump now ...
JdeBP's user avatar
  • 348
3 votes
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States' rights and the 14th amendment

The 14th amendment guarantees equal protection under the law for all citizens of the US. It's my understanding that this means from the Federal Government, and doesn't exactly apply when it's a "...
David Siegel's user avatar
3 votes

Do atheistic men have the right to cover their heads (though not faces) with hijabs in mugshots in New York city?

The order certifying the class action and the ruling provide circumstantial details that would bear on the applicability of that reasoning. The opinion frames the question as: Does the United States ...
user6726's user avatar
  • 215k

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