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Questions tagged [bill-of-rights]

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Does someone in the U.S. illegally have the same rights in court as a U.S. citizen?

So right now in my home state of Iowa, an undocumented immigrant is on trial for murder charges. Apparently he wasn't read his rights when he was being investigated. Whether that is true or not, does he have those same rights as a U.S. citizen?
CDA
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Do corporations have any constitutional rights?

An existing answer establishes fairly well that corporations in the United States do not have Fifth Amendment rights against self-incrimination. That leads me to wonder, do corporations in the US have any Constitutional rights at all? For example,…
Robert Columbia
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Do constitutions of civil law countries ban bills of attainder, and if yes, how?

In civil law countries, such as continental European countries, does constitutional law usually prevent the country parliament from passing a law that declares a person guilty of a crime and inflicts punishment on the person, which would be called a…
Petr Hudeček
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Constitutionality of more restrictive bans on assembly

Virginia’s governor issued a ‘stay at home order’ that will be enforced by fines, and is in effect until June 10th, unless otherwise revoked. This includes the ban on groups of 10 or more. All public and private in-person gatherings of more than…
Colleen A
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How are sanctions on individuals consistent with the 5th Amendment?

There is a lot in the news these days about ultra-wealthy Russians being sanctioned, their assets frozen, and their private jets and boats seized. I'm curious about the constitutional justification of this in the United States. Specifically, how are…
Alex
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Legality of IRS requiring taxpayers to swear to statements

The IRS requires taxpayers to swear under "penalties of perjury" to their statements and figures given concerning their income. Since obviously this constitutes a potential incrimination, it would appear to violate the 7th Article of the Bill of…
Cicero
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Is cruel and usual punishment constitutional?

The U.S. Constitution’s bill of rights prohibits “cruel and unusual punishment”. I am asking about a catch: cruel and usual punishment. If a punishment were determined to be cruel but is commonplace would it be constitutional?
Number File
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Giving up protections for balance billing in hospitals

In certain states, one is protected from balance billing for emergency, hospital, and ambulatory services. Balance billing is when one is surprised that an out-of-network doctor/group bills rack rate for services provided by team of in-network and…
paulj
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Secret Warrants

If a US citizen (or any citizen in a country with a similar system) is targeted by a secret warrant from something like the FISA court, how can they know and how can they defend themselves? Is there some method or do you just have to hope that…
some_guy632
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Bill of Rights protection against mandatory vaccination?

Does the the "privacy" protection afforded by the Bill of Rights covers unwanted medical treatments, including unwanted drug taking, notably mandatory vaccines?
curiousguy
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At what point in a US airport have I been "admitted" to the US for legal purposes?

I understand that prior to crossing being admitted to the US the rights I take for granted on US soil do not apply to me. But it isn't clear to me when passing through a US airport where "admission" has occured. Unlike, for example, the UK, where…
orome
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What was the rationale to have the US Bill of Rights only apply at the federal level, not at the state-level?

Originally, the US Bill of Rights did not apply at the state level; only the federal level. For instance, the right for a criminal to be represented by counsel, granted by the 6th Amendment, did not originally apply to state level criminals. The…
Thunderforge
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Lawyer-approved statement to say to the police to unequivocally retain all rights

I understand that I have the right to remain silent, and that I shouldn't need to explicitly say that in order for my rights to be in effect. But we don't live in a perfect world. And should we end up in court, I would like to be able to tell the…
Dave C
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Does encoding constitutional rights in state law have any effect?

According to https://local12.com/news/local/student-religious-liberty-act-sponsor-says-it-protects-rights-critics-say-its-not-needed, Rep. Catherine Ingram argued that a recent bill in Ohio - requiring employees of public schools to respect certain…
Mark Amery
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Do rights come with responsibilities?

After some google research, many (1, 2, 3) points of view that suggest that rights come with responsibilities are related (bottom line) to "community" and/or "feelings". So, if you apply rules in school, condominium... although they tend to mirror…
vianna77
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