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34 votes
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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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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
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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
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26 votes
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Is it cruel and unusual punishment for animal control to remove a student from a school?

The bill is rather vague, but not very long, so I'll first describe the sorts of "behavior" that I think the law applies to, and then go through the relevant Constitutional issues. TL;DR: I ...
Kevin's user avatar
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23 votes
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Could the federal government begin registering vehicles and issuing driver licenses, overriding state law?

The federal government could easily use the general welfare or interstate commerce clauses to justify vehicle registration and driver licensing.
Tiger Guy's user avatar
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22 votes

What happens when Congress violates the Constitution through inaction?

The only obligation the Constitution imposes upon Congress is that they must meet at least once a year: The Congress shall assemble at least once in every Year, and such Meeting shall be on the first ...
Mark's user avatar
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21 votes
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What procedures are in place in the US for when multiple people in the line of succession are in the same place at the same time?

This refers to the "designated survivor" practice, which is not codified in law; rather, it is a choice made by presidents. There are no published details as to how Marty Walsh was selected ...
user6726's user avatar
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18 votes
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Can penalties be increased retroactively by statutes?

united-states Such a law would be prohibited under the ex post facto clause of the Constitution. A (very!) early Supreme Court case on this was Calder v. Bull (1798), in which Samuel Chase wrote I ...
Michael Seifert's user avatar
18 votes

Is it cruel and unusual punishment for animal control to remove a student from a school?

The Eighth Amendment prohibition against cruel and unusual punishment only deals with criminal punishment. See Ingraham v. Wright, 430 U.S. 651, 666–68 (1977). It would not be applicable to the ...
Jen's user avatar
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17 votes

Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?

Question Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be? Answer Overview The way that the federal ...
ohwilleke's user avatar
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17 votes

Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

TL;DNR: You are right. Roberts says Harvard should lose because it violates the 14th Amendment. But he does not say the 14th Amendment applies directly to Harvard. He says Title VI and the 14th ...
Just a guy's user avatar
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16 votes
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Could one get a declaratory judgement on which parts of the Constitution *are* self-executing?

No, a U.S. federal court will not issue a free-standing declaration of constitutional meaning outside of a case or controversy. This is a jurisdictional limit. By way of comparison, Canada does ...
Jen's user avatar
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12 votes

How would members of a convention for amending the Constitution be chosen?

The method of proposing an amendment by way of Convention has never been used. Thus, procedural aspects such as how members of such a convention would be chosen have also not been settled: In the ...
Jen's user avatar
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12 votes

In the United States Federal Judiciary, is impeachment and conviction by the Senate the only means to remove a federal judge?

Article III judges are appointed for life, "subject only to removal by impeachment" (United States ex rel. Toth v. Quarles, 350 U.S. 11, 16 (1955)). This is a consequence of the "good ...
Jen's user avatar
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12 votes

Could the federal government begin registering vehicles and issuing driver licenses, overriding state law?

The Federal Government issues license plates for its own vehicles and for vehicles owned by diplomats. The law was changed for diplomats about 40 years ago. Before that diplomatic plates were issed by ...
David Smith's user avatar
12 votes

USA write-in ballots

If the U.S. Supreme Court does rule that states can bar him from being listed on the ballot as a printed name, what happens if enough of his supporters decided to list him as as a write-in name on ...
ohwilleke's user avatar
  • 218k
11 votes

USA write-in ballots

Merely having an invalid write-in does not spoil the ballot in general; it spoils only that vote. If the ballot is ranked-choice, further votes are counted, and if there are other votes on the ballot (...
Acccumulation's user avatar
10 votes

Can penalties be increased retroactively by statutes?

canada In Canada, this is answered by section 11(i) of the Canadian Charter of Rights and Freedoms: Any person charged with an offence has the right ... if found guilty of the offence and if the ...
Jen's user avatar
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10 votes

What does Section 2 of the 21st Amendment to the US Constitution do?

State laws that impair the ability of businesses to operate on an interstate basis can be held unconstitutional and invalidated pursuant to a U.S. Constitutional law doctrine known as the dormant ...
ohwilleke's user avatar
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10 votes
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Can US states forbid someone from running for a party's presidential candidacy?

Can US states forbid someone from candidating to a party presidential candidature? Yes. A candidate can be excluded from a state primary ballot for not being qualified to hold the office that the ...
ohwilleke's user avatar
  • 218k
9 votes

In the United States Federal Judiciary, is impeachment and conviction by the Senate the only means to remove a federal judge?

In the United States Federal Judiciary, is impeachment and conviction by the Senate the only means to remove a federal judge? Basically. A federal judge can also be removed on account of their death, ...
ohwilleke's user avatar
  • 218k
8 votes

Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

Harvard university receives substantial money from the federal government. There is a federal law prohibiting racial discrimination in education, 42 USC 2000d, which says No person in the United ...
user6726's user avatar
  • 215k
8 votes

Can penalties be increased retroactively by statutes?

european-convention-on-human-rights Such a law would not be consistent with the European Convention on Human Rights, article 7, paragraph 1: No one shall be held guilty of any criminal offence on ...
Daniel Hatton's user avatar
7 votes
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Is there a legal definition or meaning for "support the Constitution"?

An oath of office cannot be legally enforced through the courts, other than to demand that officials take it in order to take office, and to bar people who have taken it and then engaged in treason or ...
ohwilleke's user avatar
  • 218k
7 votes

How would members of a convention for amending the Constitution be chosen?

As noted, we don't know. What do we know? Basically, Congress would have to specify the procedure for selecting delegates, or at least a procedure for establishing how to select delegates, in the act ...
phoog's user avatar
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7 votes

Can a person be convicted for violating a law that had been ruled unconstitutional by a lower court but was later reinstated?

No. This is covered by the U.S. Constitution by its banning of Ex Post Facto laws from being enforce (i.e. The law cannot be enforced against violations of the law that took place prior to the ...
hszmv's user avatar
  • 23k
6 votes

Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?

I will assume you are asking about a court-ordered revocation of a business licence, given that you are talking about an appeal. The answer to your question then lies in the relationship between state ...
Jen's user avatar
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6 votes
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Is there anything in the US Constitution to prevent Georgia, USA to stop me from buying liquor before 12:30 based on religious grounds?

No, given McGowan v. Maryland, 366 U.S. 420, Braunfeld v. Brown, 366 U.S. 599 and In Two Guys from Harrison-Allentown, Inc. v. McGinley, 366 U.S. 582. The principle is that laws with religious origins ...
user6726's user avatar
  • 215k
6 votes

Is it constitutional to require that certain drivers have no detectable alcohol in their bloodstream without religious exemptions?

Is this a violation of his freedom of religion? No. Even if freedom of religion allows for sacramental consumption of alcohol, it doesn't give you a right to drive a motor vehicle after doing so. ...
ohwilleke's user avatar
  • 218k
6 votes
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Does Article V Ab Initio Void the 17th Amendment?

Does Article V Ab Initio Void the 17th Amendment? No. The Article V prohibition on unequal representation in the U.S. Senate is a right of each U.S. state to have the same voting power in the U.S. ...
ohwilleke's user avatar
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