24 votes

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 ...
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  • 139k
11 votes

Can a state ban federal agents?

1-3: This would be prohibited under Article VI, paragraph 2 of the US Constitution, which provides that federal law, and the ability to enforce that law, has supremacy over state law. As summarized by ...
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  • 772
3 votes

Can a state impose additional qualifications for Presidential candidates wishing to appear on the ballot?

It would not prohibit Colorado from passing the law, but it could prohibit implementing the law. SCOTUS rulings (Powell v. McCormack, 395 U.S. 486; Term Limits, 514 U.S. 779) establish that neither ...
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  • 165k
2 votes

Can a state ban federal agents?

It is fundamental that Feds trump states. The DOJ was created in 1870 to enforce Federal Laws that protected former slaves when the states would not.
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