134

A few possible reasons it could be illegal (on an issue spotting basis, not a careful analysis of each possible reason): The EO is intended to discriminate on the basis of religion and in fact does so in violation of the 1st Amendment to the United States Constitution. The EO is intended to unlawfully discriminate based upon race or ethnicity in violation ...


67

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, "All persons born in the United States" by the addition "and subject to the jurisdiction thereof," would appear to have been to exclude, by ...


46

Reading some background on Stefan Molyneux (Wikipedia) would indicate that he is a (Canadian) right-wing provocateur (Merriam-Webster) and there is no legal logic to his claim that anyone involved with the migrant caravan - either as a refugee or a person giving aid - is committing an act of treason. Provocateurs - on the political left or right - seek to ...


44

Wooden made two arguments to suppress the evidence, first that he had not consented to the officer entering his house (the officer and the court disagreed) and the second that even if the officer's entry had been legitimate, the evidence wasn't legitimate because of the Fourth Amendment: Much of Wooden’s challenge turns on the fact that Mason was neither in ...


42

The long title of the 1906 act that established the FDA is "To prohibit the movement in interstate commerce of adulterated and misbranded food, drugs, devices, and cosmetics, and for other purposes." The reader may note the phrase "interstate commerce", which is a power granted Congress to regulate in Article 1, Section 8, Clause 3.


42

Prologue, a magazine published by the National Archives, had an article about the missing S back in 2012. In short, the problem was due to a scrivener's error. Congress recognized the error at roughly the same time it submitted the amendment to the states but decided it was too late to fix it: There was a brief discussion of the possibility of recalling the ...


41

UPDATE: There is now a definitive answer. There Is No Binding Judicial Precedent Adjudicating The Key Standing Issues Raised That Are Factually Squarely On Point This is a novel argument. To my knowledge, this is the first time that any state has ever sought judicial relief arising from another state's election administration, so it is a case of first ...


37

In English law during the late Medieval and early modern period (from 1321 to 1798), it was possible for Parliament to pass a "Bill Of Attainder". This declared a person guilty of a crime, often treason, by legislative act, without any trial or other legal process. See the Wikipedia article for more detail. Often a Bill of Attainder not only decreed that a ...


35

If a plain-clothes officer entered your house without your permission or a warrant, then it would indeed run afoul of the 4th Amendment (and the same is true for a uniformed officer.) But essentially no search is considered 'unreasonable' if you consent to it without coercion/duress. Similarly, courts have consistently held that anything seen by an officer &...


34

At time of answering, the question is: What's the most crucial issue when deciding Senator Cruz's citizenship? The 14th Amendment to the US Constitution, Section 1, states: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States[.] Cruz did not go through a naturalization process. ...


31

Yes, states could allow aliens to vote for President. As ohwilleke says, the Constitution gives the states control over who can vote. In fact, for much of our history, many states allowed aliens to vote. To the extent that 18 U.S.C. § 611, which forbids aliens from voting for President, contradicts that power, it is unconstitutional. If 18 U.S.C. § 611 is so ...


30

most likely The government can't compel people to some sort of speech under the 1st amendment. Forcing a company to host people is compelled speech by the company. It is well established that the government can't compel a newspaper to host its messages as it wants. The key case might be Miami Herald Publishing Co. v. Tornillo 418 US 241 (1974). In this case, ...


29

Short answer, yes, jurors will typically render a decision of guilt vs. innocence. This is pretty common in nations where the legal system is derived from British Common Law (about 2 billion people world wide live in a Common Law nation). The U.S. is unique in that it uses juries for Civil Trials as well as Criminal Trials. The right to a trial by jury ...


28

The Sixth Amendment states that "In all criminal prosecutions, the accused shall enjoy... the right to be confronted with the witnesses against him". You are not being criminally prosecuted, so the Sixth Amendment simply does not apply. https://en.wikipedia.org/wiki/Confrontation_Clause


28

It depends on whether you were cited for the violation and the nature of the violation. Contrary to the other answers here, building-code violations in Maryland can, in fact, be criminal offenses, civil offenses, or both. See, e.g., Baltimore Building Code § 35-2-304(b): (1) A person may not erect, construct, repair, alter, remodel, remove, or demolish a ...


25

Under Article VI of the US Constitution, the federal constitution and valid federal laws are the supreme law of the land, and judges in every state are bound to apply them regardless of anything in the laws or constitution of any state.* If a state legislature passes a law banning same-sex marriage, a state court is required under the federal constitution to ...


24

Congress can't override substantive rules of constitutional law Marbury v. Madison is a binding interpretation of what the U.S. Constitution permits or denies, and in substance, this law seeks to change that interpretation of the scope of the judicial power, so that interpretation may not be overruled except via a Constitutional amendment. Neither the ...


23

Some of the documents are here. As document 61 of the trial, the government motion for bench trial, argues, There is no constitutional right to a jury trial for criminal contempt charges resulting in a sentence of imprisonment of six months or less. Arpaio responds in document 62 that Defendant Arpaio acknowledges that there is no constitutional ...


21

This is roughly accurate, but there are nuances. The real US issue with teacher-led prayer is that a teacher's authority can make it effectively coercive, or seem so, even if this is not intended by the teacher. (And in the past it has often been so intended, by teachers and administrators who thought it was good for children to be required to engage in ...


20

Does this mean that anyone who is born in the US is automatically a US citizen, whether they want it or not? Yes (subject to a couple of exceptions, namely the children of diplomats with full immunity and the children of a hostile foreign occupier). Or does this amendment just offer the possibility of requesting citizenship? In other words: is there an ...


19

You are correct in understanding that as it is currently interpreted, Commerce Clause authority is incredibly broad. Generally speaking, an activity can be regulated under the Commerce Clause if it involves a transaction or transportation across state lines. But it can also be regulated if the activity -- combined with other people doing the same thing -- ...


19

That will be determined later by the courts. You might think so, if Facebook etc. were strictly private platforms. Knight First Amdt. Inst. at Columbia Univ. v. Trump, 928 F. 3d 226 somewhat undermines that thinking. The court disallowed Trump from exercising ordinary First Amendment control over his account. In reviewing the lower court finding, After ...


18

No The Texas suit alleges that significant changes were made to the election rules in the various defendant states, and that these were not approved by the legislatures of those states, but were made by administrative or court decisions. It also claims that differences in local practice and polices made absentee or mail-in voting easier, or invalid votes ...


17

Generally not. Federal court uses a principle known as the enrolled bill rule -- in deference to the coequal status of the three branches of government, the "enrolled bill" (the thing printed on fancy paper that actually went to the President for signature) is irrebuttable evidence that the law was properly passed. The courts cannot deal with inquiries into ...


17

No, it means the following are eligible: Natural born citizens Citizens of the United States, at the time of the adoption of the constitution The second part was to allow people that were citizens of the US in 1788 (but were obviously not "natural born citizens", since the US didn't exist when they were born) to be eligible for the Presidency. Check out ...


17

Historically there were restrictions on voting that no longer exist: being white, male or property-owner are examples. For example, the 15th amendment prohibited denying the right to vote on the basis of race, color, or previous condition of servitude; women got the right to vote under the 19th amendment; poll taxes and a requirement for paying any other tax ...


16

The Fifth Amendment always protects someone from being forced to testify against themselves if it would implicate them in a crime (see, among others, Ohio v. Reiner, 532 U.S. 17). Any person can assert the privilege, regardless of their role in the trial, with the possible exception of the plaintiff (who is the one person who wanted to go to court). Like ...


16

Rather than focus on the particular Executive Order, I will consider the general grounds on which an XO may be unlawful. Federal jurisdiction First, it must deal with matters that are properly within the power of the Federal government. An XO that deals with matters that properly belong to individual states would be unlawful. This applies to all lawmaking ...


16

The Constitution only regulates the powers of the government; it doesn't directly say what the people can and can't do. In particular, it doesn't say directly that nobody except Congress can coin money. However, it does give the government the power to make laws, which are binding on the population. So Congress possibly could make a law forbidding ...


16

Double jeopardy in its usual sense wouldn't attach because impeachment is not a criminal proceeding, which is the only thing double jeopardy applies to (esoteric estoppel matters not withstanding). You might recall that OJ Simpson was tried and acquitted of murder in a criminal court, and then subsequently tried and found liable in a civil court for those ...


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