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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..

-8 votes
1 answer
113 views

Would being diagnosed with having Parkinson's disease make a sitting POTUS physically unfit to be the POTUS?

I would like to know that if a sitting POTUS is diagnosed with having Parkinson's disease, would this medical diagnosis make the sitting POTUS physically unfit to be POTUS? I confirm I mean physically ...
user57467's user avatar
  • 1,535
4 votes
1 answer
84 views

What are the standards for mandatory review by the US supreme court?

According to my MBE Critical pass flashcards (flashcard #6 in the Constitutional Law category titled "supreme court jurisdiction and review"): Methods of Supreme Court review: ...
S J's user avatar
  • 626
0 votes
2 answers
86 views

Does a misrepresentation have to be fraudulent in order to be unprotected?

To my understanding, there are two types of misrepresentation: negligent misrepresentation (which is not fraud) and intentional misrepresentation (which is fraud). Is negligent misrepresentation also ...
S J's user avatar
  • 626
5 votes
6 answers
5k views

Are there any parts of the US Constitution that state that the laws apply universally to all citizens?

I guess I did not know that US Presidents had any kind of criminal immunity or that it was legally possible for anyone to make a law that they did. I am curious if there is really nothing in the ...
Julius Hamilton's user avatar
2 votes
1 answer
200 views

In *Breaking Bad*, would the 4th Amendment apply?

In the show Breaking Bad, Hank (a DEA Agent) attempts to arrest Jessie Pinkman and determine if there was a meth lab in Jessie's RV as demonstrated in this video: https://www.youtube.com/watch?v=...
user55665484375's user avatar
5 votes
2 answers
2k views

How is the National Popular Vote Interstate Compact affected by the US Supreme Court's decision that states can't remove candidates from their ballot?

I was recently watching this video (https://www.youtube.com/watch?v=tUX-frlNBJY) about the National Popular Vote Interstate Compact. At around the 3 minute mark, the narrator states that one of the ...
Michael's user avatar
  • 561
2 votes
0 answers
157 views

Can your school ban you from sending e-mails? [closed]

My school has banned every student from sending e-mails to each other. I'm not sure if this is a thing that schools are allowed to do or not, but I feel that they shouldn't be able to. Our school is ...
wolfnicholas672's user avatar
0 votes
1 answer
54 views

Would the holding of assets in a UTMA account when the beneficiary wants to withdraw them be considered a deprivation of property?

The Due Process Clause of the Fourteenth Amendment says, nor shall any State deprive any person of life, liberty, or property, without due process of law. The Uniform Transfers to Minors Act (UTMA) ...
Someone's user avatar
  • 17.1k
1 vote
1 answer
180 views

Is cruel and unusual punishment allowable as a voluntarily-chosen alternative to a constitutional default sentence?

Is it constitutional for a person convicted of a crime to be offered a choice between two punishments, one of which would be cruel and unusual if it were the only option, if the other poses no ...
Someone's user avatar
  • 17.1k
1 vote
0 answers
71 views

Wisconsin Governor Line Item Veto

Famously, Wisconsin Governor Tony Evers tried to run a "line item veto" that essentially rewrites a law. Is this legal? If it is easy to challenge it court, why haven't his political ...
Test's user avatar
  • 563
3 votes
1 answer
97 views

Does the United States Constitution impose an obligation on Congress to pass a budget?

Does the United States Constitution impose an obligation on Congress to pass a budget?
Jen's user avatar
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0 votes
1 answer
121 views

Would a valid ex post facto law be possible with a constitutional amendment?

Suppose that some action has been committed that is virtually universally seen as heinously immoral and worthy of punishment. However, there is technically no law against the action at the time, and ...
Someone's user avatar
  • 17.1k
20 votes
7 answers
5k views

What happens when Congress violates the Constitution through inaction?

The Constitution sets down rules for how Congress can operate, and what it may, may not, or must do. If a President does not do something the Constitution requires them to do, they can be impeached ...
interfect's user avatar
  • 3,511
5 votes
2 answers
1k views

Could one get a declaratory judgement on which parts of the Constitution *are* self-executing?

It has recently been determined by a controversial Supreme Court decision that Section 3 of the 14th Amendment is to be enforced by legislation drafted for the purpose by Congress, and not by the ...
interfect's user avatar
  • 3,511
1 vote
0 answers
63 views

US presidential succession, illness followed by death

This question is about possible timing difficulties if a US president becomes ill and then dies. Supposing the president becomes suddenly incapacitated and it is necessary to invoke Section 4 of the ...
Gerard Ashton's user avatar

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