135 votes
Accepted

On what basis might Trump's executive order on immigration be illegal?

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 ...
ohwilleke's user avatar
  • 213k
85 votes
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At what point is it "legal" to overthrow the government?

Think through the logical combinations of two questions: The government is tyrannical or just, the revolution is successful or not. Tyrannical government, revolution successful: The revolutionaries ...
o.m.'s user avatar
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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
64 votes
Accepted

How are any gun restrictions constitutional?

Because the Supreme Court, who interprets the meaning of the Constitution, said so: Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon ...
Ron Trunk's user avatar
  • 1,500
51 votes

At what point is it "legal" to overthrow the government?

At what point "Legally", are we allowed to overthrow the government? Never. But, if you are successful, the government you have overthrown can't prosecute you for it, since it no longer ...
ohwilleke's user avatar
  • 213k
45 votes
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Would it be considered treason to help plan the movement of a migrant caravan to the border?

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 ...
BlueDogRanch's user avatar
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45 votes
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How is a plain-clothes officer entering your house not an unreasonable search?

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 ...
motosubatsu's user avatar
  • 4,650
43 votes
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Is the typo in the 25th amendment significant?

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 ...
bdb484's user avatar
  • 59.1k
42 votes
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What part of the constitution makes the US federal agency "Food and Drug Administration" legal?

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." ...
user662852's user avatar
  • 1,758
41 votes

Does Texas have standing to litigate against other States' election results?

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 ...
ohwilleke's user avatar
  • 213k
40 votes

At what point is it "legal" to overthrow the government?

It is pretty much never legal to engage in a revolution against the currently established government. Not by the laws created by and supporting that government, it isn't. I am reminded of the couplet ...
David Siegel's user avatar
38 votes
Accepted

Could a US state allow non-citizens to vote in presidential elections?

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 ...
Just a guy's user avatar
  • 8,408
36 votes
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What does "corruption of blood" mean?

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 ...
David Siegel's user avatar
35 votes
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Is the new Texas law on social media invalid on first amendment grounds?

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 ...
Trish's user avatar
  • 39.4k
35 votes

How is a plain-clothes officer entering your house not an unreasonable search?

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 ...
reirab's user avatar
  • 2,982
35 votes
Accepted

Could Congress "bribe" the President to sign a bill by including a presidential pay raise?

No. Article 2, Section 1 of the Constitution states The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period ...
Justin Cave's user avatar
  • 2,849
34 votes
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Presidential line of succession and age

This is an interesting question. Requirement to "Qualify" The relevant provision seems to be subsection (b) of the Presidential Succession Act of 1947 (codified at 3 USC 19. That subsection ...
David Siegel's user avatar
34 votes
Accepted

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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33 votes
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What's the most crucial issue when deciding Senator Cruz's citizenship?

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 ...
WBT's user avatar
  • 4,868
31 votes

What does it mean to "hold and enjoy" an office?

The Constitution was written hundreds of years ago. At the time, "enjoy" more widely had the meaning "To have the use or benefit of, have for one's lot (something which affords pleasure,...
user6726's user avatar
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31 votes
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Would it be constitutional for a US state or the federal government to ban all homeopathic "medications"?

Would it be legal for a US state or the federal government to prohibit the sale of homeopathic "remedies"? Yes. There are all sorts of medical treatments and drugs that are illegal. In ...
ohwilleke's user avatar
  • 213k
30 votes
Accepted

In the US are jurors actually judging guilt?

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 ...
hszmv's user avatar
  • 23k
30 votes
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Could the US abolish copyright?

There is no constitutional requirement that Congress provide copyright protection in the US. Congress could, if it so chooses, repeal Title 17 of the US Code, and afford no copyright protection ...
David Siegel's user avatar
29 votes
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Can a foreigner invoke the fifth amendment?

Short Answer Bob is a non-US citizen and is visiting the USA on a tourist visa. . . . Can Bob invoke the 5th amendment to avoid self-incrimination? Yes. The 5th Amendment is a right applicable to ...
ohwilleke's user avatar
  • 213k
28 votes

Does the sixth amendment entitle me to know who called the county on me for a code violation?

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, ...
bdb484's user avatar
  • 59.1k
28 votes

What does it mean to "hold and enjoy" an office?

The Sixth Amendment begins: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, ... It does not mean that being tried for crime is fun, it means that ...
David Siegel's user avatar
28 votes
Accepted

Is murder unconstitutional?

The Constitution does not define any crimes (except for an explicit limit on what can be considered 'treason.') It places limits on what penalties the government may apply for crimes and how crimes ...
reirab's user avatar
  • 2,982
28 votes

What happens when Congress violates the Constitution through inaction?

The Constitution grants Congress powers to do things but generally does not obligate them to do any particular thing. Constitutionally, it is equally valid for Congress to pass a bill, to vote a bill ...
Justin Cave's user avatar
  • 2,849
27 votes

Does the sixth amendment entitle me to know who called the county on me for a code violation?

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, ...
Nuclear Hoagie's user avatar
27 votes
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Why did the First Amendment not override the Copyright Clause?

The Supreme Court generally treats the Copyright Clause and the First Amendment as complementary, not conflicting: The Copyright Clause and First Amendment were adopted close in time. This proximity ...
bdb484's user avatar
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