134 votes
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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 ...
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  • 134k
67 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, ...
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  • 92.8k
62 votes
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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 ...
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  • 1,310
46 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 ...
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44 votes

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 ...
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  • 3,141
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." ...
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  • 1,698
42 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 ...
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  • 44.3k
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 ...
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  • 134k
37 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 ...
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  • 92.8k
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 ...
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  • 1,685
34 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 ...
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  • 4,539
34 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 ...
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  • 13.8k
31 votes
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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 ...
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  • 7,957
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,...
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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 ...
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  • 92.8k
29 votes
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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 ...
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  • 16.4k
29 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 ...
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  • 92.8k
28 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, ...
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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, ...
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26 votes

Does the "Interstate Commerce Clause" prohibit local or state government from "boycotting" another state

Under the commerce clause, a state cannot (without authorization from Congress), forbid its residents to travel to another state, nor tax such travel. It cannot prohibit imports from, or exports to, ...
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  • 92.8k
26 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 ...
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25 votes
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What if an American state ratified an article to its constitution that blocked judicial review?

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 ...
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  • 20.7k
24 votes

Can Congress overrule Marbury v. Madison by statute?

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 ...
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  • 134k
23 votes
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Why was Joe Arpaio not given a jury trial?

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 ...
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  • 160k
21 votes
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Are children allowed to pray at goverment schools?

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 ...
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  • 92.8k
20 votes
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Is American citizenship automatic when born on US soil?

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 ...
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  • 24.8k
19 votes

What are the limits of the Commerce Clause?

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 ...
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  • 44.3k
18 votes
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Are only citizens "at the time of the adoption of this Constitution" eligible to be President?

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 ...
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18 votes
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Ramifications of Texas' election lawsuit

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 ...
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  • 92.8k
18 votes

Is the new Texas law on social media invalid on first amendment grounds?

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 ...
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