Questions tagged [us-constitution]

For questions about the fundamental charter of the United States, and the several states of the U.S..

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Would the Guillotine be considered "cruel and unusual"?

History of the Guillotine In the first days of the French Revolution, the staunch advocate for the abolition of the death penalty Joseph-Ignace Guillotin was unsuccessful in getting the assembly to ...
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USA write-in ballots

Disclosure: I do not live in the USA and so am only picking up bits of American news from various places. What I'm picking up on is that one of the larger things in the United States is a legal ...
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What constitutional limit, if any, exists on disciplinary actions imposed in non-criminal cases?

In Ingraham v. Wight, the US Supreme Court ruled that the Eighth Amendment's prohibition on cruel and unusual punishment does not apply in non-criminal cases. Due process is still required, but the ...
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Is it cruel and unusual punishment for animal control to remove a student from a school?

A bill has been introduced in the Oklahoma legislature, aiming to penalize public school students who participate in the therian and otherkin subcultures (people who identify as animals or as ...
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How constitutional is working for hire?

In the USA, copyright law may only be established with respect to the Copyright Clause of the Constitution: To promote the Progress of Science and useful Arts, by securing for limited Times to ...
Corbin's user avatar
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Why is per country cap for employment based immigration gcs not illegal?

I have a minor son who is a legal us citizen but I am on h1b with valid I-140 for the last 8 years. In case of job loss where I have to leave the usa, he will have to go thru the tough choice of ...
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Is the passage of an unconstitutional law "lawless action" for the purpose of First Amendment protection?

Speech intended to incite imminent lawless action is not protected by the First Amendment. Is the passage of an unconstitutional law "lawless action" for this purpose? Suppose someone who is ...
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Why did the Marshall Court actually rule that part of the Judiciary Act was unconstitutional?

Marbury v. Madison, 5 U.S. 137 (1803), decided by the U.S. Supreme Court's Marshall Court, is famous for being the case most strongly associated with giving the court the power to rule statutes ...
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Two terms for a president [duplicate]

If a Vice President becomes President on the death of a President such as with LBJ and the election is not for two years. Are they allowed to stand for two addition terms or is the rest of the term ...
MiscellaneousUser's user avatar
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Can a circumstance, as opposed to a law, be challenged as unconstitutional? How?

Is there any legal precedent of a person claiming a situation or state of affairs violated their constitutional rights or was against the Constitution - that is, not that there was an unconstitutional ...
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Can US states forbid someone from running for a party's presidential candidacy?

I understand there is at least a legal argument, based on the US Constitution, to prohibit a would-be presidential candidate from entering the presidential race. (This is not the subject of this ...
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Could the federal government begin registering vehicles and issuing driver licenses, overriding state law?

Currently, vehicle registration and driver licensing are handled primarily by states in the US. However, aircraft registration and pilot certification is handled by the federal government. Could the ...
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Article V/Fractions

How can 2/3rds of States call for Convention under Article V when there is no such thing as 1/3 of a State Legislature? 33 Legislatures can apply, or 34, but not the required 33.333. And they didn't ...
BEWILDERBEAST's user avatar
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Does Article V Ab Initio Void the 17th Amendment?

Article V of the U.S. Constitution says the following: "... no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." I understand this to roughly mean: "...
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Has the constitutionality of day-fines been challenged in the US?

Day-fines are a type of fine, common in many European countries, in which the amount of the fine is based on both the severity of the offense and the income of the offender; thus, an investment banker ...
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What procedures are in place in the US for when multiple people in the line of succession are in the same place at the same time?

What are the governmental procedures in the United States for important people (people in the chain of succession to the presidency) staying in the same place? Who can and who cannot fly together, etc....
user1785960's user avatar
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Can a person be convicted for violating a law that had been ruled unconstitutional by a lower court but was later reinstated?

Suppose that the Court of Appeals for the Ninth Circuit has ruled that a federal law is unconstitutional. Because I live in the Ninth Circuit, I am now allowed to "violate" the law. What if ...
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Is it constitutional to require that certain drivers have no detectable alcohol in their bloodstream without religious exemptions?

It would likely be unconstitutional for a state to prohibit minors from consuming small amounts of alcohol for religious purposes, such as Communion in Christianity. It is possible, although unlikely, ...
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What does Section 2 of the 21st Amendment to the US Constitution do?

Section 2 of Amendment 21 to the US Constitution says the following: The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of ...
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Can penalties be increased retroactively by statutes?

Would a law retroactively increasing the penalties for a crime, but not criminalizing any formerly legal action, be constitutional, or would it be considered ex post facto?
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In the United States Federal Judiciary, is impeachment and conviction by the Senate the only means to remove a federal judge?

The constitution says they serve on good behaviour. Article II says that judges may be impeached, along with the President and Vice President. But in principle, would it also be acceptable for a law ...
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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?

While the US constitution does contain the Interstate Commerce clause, it is argued that revocation of a business license and dissolution of a business following a US state's legal process can not be ...
uhoh's user avatar
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A way of electing representative to the Congress of the United States

In an answer to this question, someone cites this federal law: [2 U.S. Code § 2c][1] - Number of Congressional Districts; number of Representatives from each District In each State entitled in the ...
Michael Hardy's user avatar
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Can an ex parte suit be brought directly before the Supreme Court to replace dictum in a particular case?

There are cases where extra-constitutional arguments appear to have resulted in decisions in conflict with the text of the US Constitution. The dictum of a particular case is referenced in multiple ...
Rick Smith's user avatar
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Doesn't Article III of the U.S Constitution allow for "regulations" like those of the Judiciary Act of 1789?

This question pertains to Marbury v. Madison. I'm a bit unsure as to why SCOTUS ruled the way it did. The Judiciary Act of 1789 (Section 13): The act to establish the judicial courts of the United ...
aSquaredRush's user avatar
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Do letters of marque and reprisal need to be signed by the President?

If both houses of Congress vote to grant a letter of marque and reprisal, does the President need to sign it (or have a veto overridden) in order for it to be valid? (I do understand that this power ...
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Are there any limitations on a congressperson's freedom of speech in Congress?

The Speech and Debate Clause of the Constitution protects senators' and representatives' right to freedom of speech when debating in Congress, separately from the First Amendment freedom of speech ...
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The 24th amendment to the American constitution provides a right to vote for electors, could this limit state legislative power to name electors?

One idea some have suggested is to make the legislators of a state name electors in at least some instances. It was not possible in 2020, but it could hypothetically be made at some other point. Same ...
R-Obsessive's user avatar
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Can a US state adjudicate citizenship at birth?

Section 8 of the US Constitution says "The Congress shall have Power...To establish an uniform Rule of Naturalization...." But US citizens who reside in a state are also citizens of the ...
Gerard Ashton's user avatar
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What if someone serving time in a state prison gets elected president?

What if someone serving time in a state prison gets elected president? Would it be legal for the state to continue to incarcerate a US president? Can he order himself to be released (for example, on ...
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Access to US Supreme Court brief

does anyone have access to the American edition of Westlaw? I’m trying to get hold of a copy of the US Supreme Court brief under reference 2000 WL 432367, any pointers or help appreciated!
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Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

In Justice Roberts's ruling in Students for Fair Admissions v. Harvard College overturning affirmative action in the United States, he holds that "Harvard’s and UNC’s admissions programs violate ...
Very Tiny Brain's user avatar
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Privileges of states "now existing" in contrast to other states, in importation of slaves

Article I, Section 9, Clause 1 of the Constitution of the United States says: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be ...
Michael Hardy's user avatar
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Is there anything in the US Constitution to prevent Georgia, USA to stop me from buying liquor before 12:30 based on religious grounds?

I, an agnostic person, was perturbed just now being told I couldn’t buy wine, the only thing I came in to buy, at 11:30AM on a Sunday in Augusta Georgia, because the law prevents them (Walmart) from ...
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Is there a legal definition or meaning for "support the Constitution"?

This question is not specific to Florida which is only provided as an example. Florida Statute 99.021 requires an "oath or affirmation": For state elective offices: ... that he or she will ...
Rick Smith's user avatar
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How would members of a convention for amending the Constitution be chosen?

Constitution of the United States, Article V: The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the ...
Michael Hardy's user avatar
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Will there be a need for US national elections? [closed]

Suppose that the majority of the states decide to elect 1 person as their leader to replace the president.Then will there be a need for national US elections to vote for a president?What exactly will ...
Volpina's user avatar
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Whats the point of a federal law that does not get enforced?

In the USA, the Constitution requires a Census every ten years. Anyone living here, legally or not, are required by law to respond to the Census, as well as be truthful. This has been the case from ...
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What if a previous US President was found ineligible to be President?

Purely a hypothetical question: What if a previous US President was found ineligible to be President? Lets say we found Obama's "real" birth certificate and he was not born in the US. What ...
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Does Montana's law to ban TikTok violate Sections 9 and 10 of the Constitution?

The State of Montana has passed SB419 which bans TikTok within Montana. This Washington Post article indicates that TikTok could avoid the ban provided its ownership was not based in, "any ...
Pyrotechnical's user avatar
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2 answers
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Can employment contracts force all litigation into arbitration?

Is it legal for an employment contract to stipulate that all litigation from the employee towards the employer must be in the form of arbitration or do you have the right to litigate in the court ...
Neil Meyer's user avatar
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Can political parties becoming public?

Can political parties become public? For example, could the Democrat and Republican parties in the US carry out initial public offerings (IPOs), listing shares on NASDAQ and NYSE?
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Gödel's loophole [closed]

After WWII before Gödel was about to be interviewed in order to get a US citizenship, he had found a loophole in the US constitution which allowed a fascist regime to legally turn the US into a ...
Volpina's user avatar
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At what point does a tax become a ban?

I believe that it is mostly uncontroversial that it is constitutional for a state to tax firearm purchases at a reasonable rate. If a state had a law imposing a 10% sales tax on all firearm and ...
Someone's user avatar
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When you plead the 5th and a Judge asks you questions about it, is that conversation considered privileged?

If you invoke the right to not self-incriminate when testifying and the judge asks you questions in regards to whether you fear of incriminating yourself is reasonable. Is that conversation considered ...
Neil Meyer's user avatar
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How are suits filed against federal officials under the First Amendment if there is no implied or express right of action?

I construe a right of action to be the ability to sue somebody for injunctive and monetary relief. If there isn't a right of action for the First Amendment like how Bivens provided a right of action ...
William Proclivity's user avatar
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1 answer
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Does the First Amendment apply to amateur radio?

Is speech over amateur radio constitutionally protected? Could I theoretically sue the FCC for the right to broadcast music on 20 meters, and have a chance of winning on free speech grounds? If the ...
Someone's user avatar
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Would federal copyright be constitutional without the Copyright Clause?

If the Constitution did not contain the Copyright Clause, would Congress still be able to implement copyright under the Commerce Clause or another part of the Constitution? Assume that the ...
Someone's user avatar
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Would funding the Sentinel Program violate the equal Protection clause?

For today's exercise into comic book law, let's take a look at another X-men storyline. As we previously established using the Purifiers as an example, people can talk all they want about wanting to ...
Trish's user avatar
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Is murder unconstitutional?

I've heard a number of times now that the U.S. Constitution regulates the government and not private entities. This is why, for example, private organizations can limit free speech but the government ...
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