Questions tagged [constitutional-rights]
17 questions
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May the federal government deny services, opportunities, or equal treatment to customers of businesses they do not like?
The executive branch of the US federal government recently started harassing the law firm Perkins Coie, including threatening to terminate federal contracts with the firm's customers.
Is making that particular threat (or carrying it out) legal, or…
interfect
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Is murder unconstitutional?
I've heard a number of times now that the U.S. Constitution regulates the government and not private entities. This is why, for example, private organizations can limit free speech but the government cannot.
I got to thinking: Is murder…
The Editor
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Does the right to "good administration" in the Charter of Fundamental Rights of the European Union bind national governments?
The charter contains a "Right to good administration" in Title V, "Citizens' Rights".
The first sentence is (emphasis by me):
Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the…
Peter - Reinstate Monica
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What options does an indigent civil Defendant have for obtaining trial transcripts?
Joe is a retired senior on a very limited, fixed income, living in New York State. Joe's wife files for divorce and demands substantial alimony from him since he was the breadwinner during the marriage. Joe defends himself in the trial court, but…
lgshost
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How broadly has the "Bruen test" been used in constitutional cases in US federal courts?
Today I learned of the "Bruen test" in Clarence Thomas' Majority opinion for Bruen and how it was revisited in United States v. Rahimi.
From Amy Howe's June 21, 2024 Opinion analysis: Supreme Court upholds bar on guns under domestic-violence…
uhoh
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Can city codes be void-for-vagueness?
Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.
This is the Maumelle City Code - 38.2 (2)
When asked what needed to be changed to bring my yard into compliance I was never given an…
Wayne Werner
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New Mexico's Governor issues emergency suspending constitutional rights
https://apnews.com/article/albuquerque-guns-governor-concealed-carry-fc5b4b79bf411b8022c3ad58975724d7
New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right to carry firearms in public across Albuquerque and…
Digital fire
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Can a court-declared unconstitutional law become valid when it's added to the constitution?
Idaho is one of the states with citizen initiative and referendum rights in the state constitution (hereafter referred to as "Init.".) State constitution changes are not allowed under this right. Only the legislature can pass constitutional…
Stay-at-home-dad
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Can US Congress/government bar a specific foreign country's persons (individuals or firms) from due process clause?
I wanted to ask whether US Congress/government can bar a specific foreign country's persons (individuals or firms) from the due process clause if the US government provided substantial evidence in a US court that that country implicitly/explicitly…
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Are there any absolute rights in the US?
Are there any rights that absolutely cannot be denied under any circumstance in the United States?
Someone
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Can Congress' rules be unconstitutional?
I'm very interested in U.S. Constitutional law and do a lot of mock government. One of the questions that I have been considering is whether it is possible for a rule Congress sets for its proceedings to be unconstitutional. For example, I was…
Vaughn
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Could Fourth Amendment Jurisprudence have developed in a way that offered more protection to law-abiding citizens and less protection to criminals?
I find the US Supreme Court's 4th Amendment Jurisprudence frustrating. If your car/house/person is unreasonably searched and no incriminating evidence found, you often have no remedy (see the judge invented rule of qualified immunity). On the other…
Solanacea
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ABRA Powers violative of human rights act
Parliament tomorrow passes the Arbitrary Bullocks Removal Act 2023, entitling (but crucially not obliging; in other words, bestowing a power though not a duty) the minister of Justice to arbitrarily select individuals to be castrated at his will. In…
TylerDurden
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How (and how come) are US state/federal prosecutors allowed to seal indictments?
I have recently heard Tara Reade (who had accused US president Joseph Biden of sexual attack several decades ago) say, that there has been a sealed indictment against her, for the past 3 years (2020-2023), following some kind of grand jury…
einpoklum
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Prosecution of politicians who violate the constitution
When a politician violates the constitution, why aren't they criminally prosecuted?
There are plenty of examples out there where a politician passes a law that they most likely know wont stand up in court. Someone has to prove standing and incur…
mikem
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