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Questions tagged [us-constitution]

For questions about the fundamental charter of the United States, and the several states of the U.S..

“The [U.S.] Constitution is a charter or grant of powers conferred upon the [U.S.] Federal Government by the people of the United States. The Constitution is the life of the Government of the United States" (De Lima v. Bidwell, 182 U.S. 1, 31 (1901)) as the United States is entirely a creature of the Constitution which is the source of all of its power and authority. Reid v. Covert, 354 U.S. 1, 5-6 (1956)

Therefore, the "Constitution […] of the United States [is] the supreme Law of the Land; and the Judges in every State [are] bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding". (Cl. 2., Art. VI, U.S. Const.)

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On what basis might Trump's executive order on immigration be illegal?

On 27 January 2017, US President Donald Trump has issued an executive order entitled 'Protecting the Nation from Foreign Terrorist Entry into the United States'. On 30 January 2017, the acting Attorney General at the time refused to defend it in…
Patrick Conheady
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What is the meaning of “and subject to the jurisdiction thereof” in the 14th amendment?

In the fourteenth amendment, what does the phrase “and subject to the jurisdiction thereof” contribute? What people born in the United States would not have been subject to the jurisdiction of the United States? All persons born or naturalized in…
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Is the typo in the 25th amendment significant?

The fourth section of the 25th amendment to the US constitution provides for the president to be declared unfit involuntarily. The first of its two paragraphs describes the declaration itself, made by the vice president along with "a majority of…
phoog
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At what point is it "legal" to overthrow the government?

It has been argued that the point of the 2nd amendment is to overthrow a tyrannical government. In the Declaration it states that “whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to…
Digital fire
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How is a plain-clothes officer entering your house not an unreasonable search?

In Wooden v United States: Wooden was sitting at home one evening when he heard a knock at his door. He answered to find an unknown man, who asked to speak with Wooden’s wife. Wooden invited the stranger inside while he went to get her. The…
robertspierre
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Presidential line of succession and age

According to the US Constitution, the minimum age for the offices of the President and Vice President is 35 years old. The minimum age to be in the House of Representatives is 25 years old. If both the President and Vice President were no longer…
Keltari
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Is the new Texas law on social media invalid on first amendment grounds?

I have just seen this video on Youtube: "Republican Texas governor Greg Abbott has signed a law that forbids social media companies from banning people from their platforms based on their location and/or their politics. " I presume this is intended…
Pete
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What does "corruption of blood" mean?

Having read this question, it makes reference to treason, to which part of it states: The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the…
SE Does Not Like Dissent
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What's the most crucial issue when deciding Senator Cruz's citizenship?

Donald Trump is threatening to sue Senator Cruz for his citizenship issue. I understand Senator Cruz was born to an American mother and Cuban father in Canada . I understand it would not be an issue if he had been born in the U.S. or its territory…
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Could a US state allow non-citizens to vote in presidential elections?

On July 30th [2020], President Trump suggested in a tweet that the US presidential election should be delayed due to COVID impeding in-person voting. Every news article I've read since (Vox, Slate, Washington Post) claims that the President does not…
Harry Braviner
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Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

In Justice Roberts's ruling in Students for Fair Admissions v. Harvard College overturning affirmative action in the United States, he holds that "Harvard’s and UNC’s admissions programs violate the Equal Protection Clause of the Fourteenth…
Very Tiny Brain
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Does the US Fifth Amendment only apply to criminal trials? Do any laws protect a person in civil court when testimony would implicate them in a crime?

Suppose someone is accused of burglary. This person is asked to appear in civil court regarding an unrelated event that occurred at the same time as the burglary but in a different location. If the person is pleading the fifth in the criminal…
aebabis
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What are the limits of the Commerce Clause?

In Gonzalez v. Raich, the Supreme Court held that the Controlled Substances Act could apply to home-grown marijuana that started in and never left California because it could still affect the interstate marijuana market, and thus fell under the…
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Can US Supreme Court justices / judges be "rotated" out against their will?

In last night's US Presidential Debate, candidate and US Senator Bernie Sanders asserted the option of being able to "rotate" Supreme Court judges / justices to other courts. As quoted in The Hill: "I do not believe in packing the court," Sanders…
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Why was Joe Arpaio not given a jury trial?

Joe Arpaio, the former Sheriff of Maricopa County, AZ, was found guilty of criminal contempt of court by U.S. District Judge Susan Bolton on July 31, 2017. Apparently Arpaio requested a trial by jury, but this was denied. On what legal basis was…
Thomas Steinke
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