New answers tagged us-constitution
2
votes
Can a person be convicted for violating a law that had been ruled unconstitutional by a lower court but was later reinstated?
Can I be convicted for having violated the law at a time when it was
considered unconstitutional?
Generally, yes, in any case where ignorance of the law is no excuse, which is the vast majority of ...
- 195k
6
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 Post Ipso Facto laws from being enforce (i.e. The law cannot be enforced against violations of the law that took place prior to the ...
- 22.8k
0
votes
Is it constitutional to require that certain drivers have no detectable alcohol in their bloodstream without religious exemptions?
A similar question can be (and was) raised about use of illegal drugs, specifically peyote, in Employment Division v. Smith, 494 U.S. 872. In that case, respondents argued that their First Amendment ...
- 210k
5
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.
...
- 195k
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