Search Results

The Supreme Court has held that the Double Jeopardy clause forbids a state from convicting a person of a second offense arising out of the same conduct when either of the offenses is a lesser included …

A judge can only impose sentences as prescribed by law. Suppose, as a random example, that a person is convicted in federal court of fraudulently mutilating coins, in violation of 18 USC 331. That se …

Your parsing is incorrect. The semicolon after "from the same" starts a new clause. It should be read as: [Part 2] They shall in all cases, except treason, felony and breach of the peace, [Part …

Usually these words refer to whether something (e.g. a law or government action) is or is not in accordance with the Constitution, including its amendments, as currently interpreted by US courts inclu …

Let us suppose that a sufficiently large majority of the US Congress, with the agreement of the President, decided that the death penalty should be abolished throughout the nation, both at the federal …

Almost certainly, there is no such right. It's illegal under 18 USC 831 to possess "nuclear material" without specific authorization. 18 USC 832 forbids the possession of a "radiological weapon". …

I believe the case in question is Bognet v. Secretary Commonwealth of Pennsylvania, No. 20-3214 (3d Cir. 2020). The decision is here. The court gives a pretty clear explanation of the concept of stan …

No, votes would not have to be postponed. The Constitution has nothing specific to say about this. (It's not that long - you can and should read it through and check for yourself, and searching is ev …

See Article VI of the Constitution: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authorit …

The underlying principle is that the Fifth Amendment does not protect you from being required to testify as a witness in general, even if some or all of the questions could be about incriminating matt …

Wikipedia says the first constitutional court per se was established in Austria in 1919. So that accounts for why the US didn't have one at its founding: they hadn't been invented yet. In fact, in th …

The Constitution only regulates the powers of the government; it doesn't directly say what the people can and can't do. In particular, it doesn't say directly that nobody except Congress can coin mon …

The main federal murder statute, 18 USC 1111, applies only to murders committed in the special maritime and territorial jurisdiction of the United States. This consists of several different kinds of …

I will only address this part of the question: Who would be able to authoritatively decide the constitutionality of such a question, with all Supreme Court justices having clear conflict of intere …