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 ...
- 195k
85
votes
Accepted
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 ...
- 14.4k
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, ...
- 113k
63
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 ...
- 1,490
50
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 ...
- 195k
46
votes
Accepted
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 ...
- 18.8k
45
votes
Accepted
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 ...
- 4,328
42
votes
Accepted
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."
...
- 1,758
42
votes
Accepted
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 ...
- 57.2k
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 ...
- 195k
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 ...
- 113k
37
votes
Accepted
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 ...
- 113k
37
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 ...
- 8,378
35
votes
Accepted
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 ...
- 33.4k
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 ...
- 2,931
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 ...
- 1,686
34
votes
Accepted
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 ...
- 4,798
34
votes
Accepted
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 ...
- 113k
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 ...
- 43.3k
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,...
- 210k
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 ...
- 22.8k
30
votes
Accepted
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 ...
- 113k
29
votes
Accepted
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 ...
- 195k
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, ...
- 57.2k
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 ...
- 113k
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 ...
- 2,931
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, ...
- 4,333
27
votes
Accepted
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 ...
- 57.2k
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, ...
- 113k
25
votes
Accepted
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 ...
- 23.6k
Only top scored, non community-wiki answers of a minimum length are eligible