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 ...
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  • 1,320
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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  • 3,207
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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  • 1,930
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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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 ...
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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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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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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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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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24 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 ...
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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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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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18 votes

Can the Vice President vote themselves into positions of power?

The US Constitution Art. 1 §3 cl. 4 says The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. No clause of the ...
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17 votes
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The Right to Vote

Historically there were restrictions on voting that no longer exist: being white, male or property-owner are examples. For example, the 15th amendment prohibited denying the right to vote on the basis ...
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17 votes

How are any gun restrictions constitutional?

Ron Trunk gave the right answer. For those who are confused about the meaning of "well regulated", see the full analysis (PDF) of the Second Amendment by Jeffrey Rosen, a law professor at ...
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17 votes

How are any gun restrictions constitutional?

Constitutional rights generally have limits and exceptions. The First Amendment, for example, reads: Congress shall make no law ... abridging the freedom of speech, or of the press ... But laws ...
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14 votes
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What does it mean to "hold and enjoy" an office?

It is simply redundant for all practical purposes. There may have been a shade of meaning to it back in the 18th century (along the lines of "hold or perform" in contemporary English). But ...
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  • 139k
14 votes

After the fall of Roe vs. Wade, are women at risk of criminal prosecution?

A number of states, as well as the US Federal Government, have laws against "fetal homicide", under which a woman might be prosecuted. The Alabama law, to take one example, defines homicide ...
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14 votes
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Could Congress create a court higher than the Supreme Court?

No The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Any courts the Congress ...
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12 votes

Is a state law protecting a non-citizen fetus unconstitutional?

It may help to start by clearing up some false premises in the question/comments: The Fourteenth Amendment does not "expressly list protecting citizens as a core responsibility of Government.&...
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12 votes

After the fall of Roe vs. Wade, are women at risk of criminal prosecution?

This Has Already Happened Multiple times. Here's the first two I found when googling: When a woman in Texas was arrested last week for murder for what officials called “a self-induced abortion,” the ...
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11 votes
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Is litigation required for SCOTUS to judge the constitutionality of an issue?

The Supreme Court does not handle hypotheticals. The court has interpreted Article III Section 2 Clause 1 of the Constitution, the Case or Controversy Clause as a limit on the powers of the judicial ...
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11 votes

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

No one knows how the courts will eventually rule on this law, or on the somewhat similar Florida law now being litigated. It is true, as the answer by Trish says, that the government cannot compel a ...
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  • 97.1k
11 votes

Can the Vice President vote themselves into positions of power?

Separation of powers is a guideline, or perhaps it might better be called a design goal, of the US federal government, not an unbreachable rule. Strictly speaking, confirmation of executive ...
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  • 97.1k
11 votes
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How do states sue each other?

As I understand it one of Scotus jobs is to mediate inter-state litigation. Did this happen with equal regularity over the years or was this something that happened mainly when the union was new? You ...
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11 votes

How are any gun restrictions constitutional?

As explained in Justice Thomas's recent decision, the meaning of the constitution has to be interpreted in light of its historical context. If the people who wrote "shall not be infringed" ...
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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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10 votes

What if an American state ratified an article to its constitution that blocked judicial review?

A US state could prevent its own courts from overturning laws for violations of the state constitution. But the supremacy clause in Article VI, Paragraph 2 of the U.S. Constitution reads: This ...
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