67
votes
Accepted
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, ...
- 98.2k
12
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 ...
- 140k
8
votes
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Why was the due process clause added to the 14th Amendment?
Your assumption is incorrect -- the Bill of Rights proper does not apply to the states, and pre-14th Amendment only bound the federal government. See Barron v. Baltimore, 32 US 243. States could do ...
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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 ...
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6
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 ...
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 ...
- 98.2k
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 ...
- 140k
5
votes
In the United States, when can someone legally search my personal laptop? (Government or private security)
This question is framed such that it could include myriad different scenarios that could lead to a search of one's personal computer. You seem to gear the bulk of your inquiry toward when the ...
- 10.9k
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 ...
- 8,048
3
votes
Accepted
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 ...
- 140k
3
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 ...
- 140k
2
votes
Accepted
Any extreme circumstance when a substantially probably prevailing party can ask for some immediate injunction that they be provided attorney's fees?
Absent a divorce or termination of parental rights case (and certain cases of a probate/trust character), this would almost never happen.
In divorce, probate and trust cases, the party may have an ...
- 140k
2
votes
Any extreme circumstance when a substantially probably prevailing party can ask for some immediate injunction that they be provided attorney's fees?
This is not a thing that can happen.
If the case is in federal court, 28 U.S. Code § 1915 permits the court to appoint counsel to represent an indigent plaintiff. In state courts, my understanding is ...
- 45.3k
2
votes
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What does "animus" mean in legal terms?
Read the last quote that you just posted. "in the absence of" means "without".
The phrases are trying to say that there are two ways to discriminate.
willfully, knowingly aiming to exclude ...
2
votes
Why did Judge Hugo Black consider Humanism and athiesm to be a religion?
The Supreme Court usually goes to great pains not to describe any particular practice as a "religion" or "not a religion" if it can at all manage to do so. To do so could be seen as a government ...
- 2,331
2
votes
What is the meaning of “and subject to the jurisdiction thereof” in the 14th amendment?
According to current US law:
and
Relative to diplomats I'll offer my own opinion: Specifically, if a foreign diplomat can be expelled by the US government, that is an utilization of jurisdiction by ...
- 876
2
votes
Accepted
Is HB-135 (Government Nondiscrimination Act) unconstitutional?
The law certainly may not constitutionally overturn Obergefell v. Hodges, the U.S. Constitution, or any applicable federal law, or the state constitution.
And, while a particularly individual county ...
- 140k
2
votes
Does the activation of a burglar alarm give police cause to enter a house without a warrant?
Yes
If a police person has probable cause to believe a crime is in the process of happening then he or she can enter premises without a warrant.
Under the exigent circumstances doctrine some people ...
- 2,676
1
vote
Accepted
Would incorporation of a right through the Privileges or Immunities Clause apply to non citizens?
Given that the Privileges or Immunities Clause states that it only
applies to citizens (No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the ...
- 140k
1
vote
Congressional power to protect right to travel across state lines for accessing abortion
Does Congress have the power to limit States' enforcement of
legislation characterizing such travel as criminal conspiracy,
Yes. This flows from the Article I, Section 8 power of Congress to regulate ...
- 140k
1
vote
Accepted
How is state citizenship acquired and lost?
Citizenship in a U.S. state is governed primarily by the first sentence of Section 1 of the 14th Amendment to the United States Constitution, which states (emphasis added):
All persons born or ...
- 140k
1
vote
How is state citizenship acquired and lost?
Art. II §2 cl. 1 of the Constitution says
The judicial power shall extend to all cases, in law and equity,
arising under this Constitution, the laws of the United States, and
treaties made, or which ...
- 165k
1
vote
Accepted
Does it violate equal protection for the prosecution to use crossdressing as evidence of intent to commit prostitution?
Does it violate equal protection for the prosecution to use crossdressing as evidence of intent to commit prostitution?
No. Crossdressing was not the (or a) reason why the police officers arrested ...
- 41k
1
vote
To what extent can a public college regulate the speech of its students?
Content-based restrictions on speech cannot be imposed by the government, because of the 1st Amendment. This includes speech deemed to be "hate" or "discriminatory". Examples: Doe v. University of ...
- 165k
1
vote
In the United States, when can someone legally search my personal laptop? (Government or private security)
A search warrant can be issued in Ca Family Court for a petioner in a domestic violence action to 'record unlawful communication'. I.E., a defendant making or attempting contact with a protected party ...
- 11
Only top scored, non community-wiki answers of a minimum length are eligible