All Questions
Tagged with supreme-court constitution
49
questions
-1
votes
1
answer
167
views
Is it possible to limit future Supreme Court justices to judges seated on the federal appellate bench without a constitutional amendment?
Some judges worried that random appointments could result in
lower-quality Supreme Court justices.
“(J)ust because someone is on the Court of Appeals does NOT mean they
are SCOTUS material,” argued ...
- 45.4k
0
votes
1
answer
92
views
If POTUS doesn't name a candidate to fill a SCOTUS vacancy, can the Senate fill the seat?
If the President doesn't name a candidate to fill a Supreme Court vacancy, can the Senate fill the seat, anyway?
If Biden were to win re-election, the Republicans take the Senate, and a Supreme Court ...
- 169
13
votes
5
answers
5k
views
How did the Colorado Supreme Court justify extending Section 3 of 14th amendment to the presidency? How did the minority opinion argue against this?
The NYTimes' December 19/20, 2023 LIVE: Trump Ballot Ruling; Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules includes the following:
The Colorado court’s lengthy ruling ...
- 17k
11
votes
3
answers
3k
views
Would it be constitutional in the US to have age limits for SCOTUS justices?
As DeSantis said, in Florida
“We have age limits for justices,” DeSantis said. “The minute I got elected to office, three of the four liberal justices were off the court, because of age. So, I was ...
6
votes
1
answer
360
views
How does Ret. US Supreme Court Justice Breyer propose to "...decide cases in a way that will prevent social discord stemming from religion"?
In CNN's September 26, 2022 excerpt from Who's Talking to Chris Wallace Ex-Supreme court justice visibly emotional discussing Roe v. Wade reversal, Retired Supreme Court Justice Stephen Breyer says:
...
- 17k
2
votes
4
answers
1k
views
Can a state delegate the creation of a law to an unelected agent such as the Supreme Court?
This is with regard to the constitutionality of "trigger laws" such as those that went into effect, automatically, after the overturn of Roe vs. Wade.
I am neither a lawyer nor a politician, ...
- 272
29
votes
4
answers
6k
views
Why does the government not introduce an amendment to the constitution to allow abortion?
Since the polls clearly show that the majority of the American people disagree with the Supreme Courts decision to overturn Roe vs. Wade, why does the US government not introduce an amendment to the ...
- 1,316
9
votes
1
answer
555
views
How can Marbury v Madison be reconciled with what the Constitution explicitly states?
A key premise in Marbury v Madison is that the Supreme Court’s jurisdiction is clearly defined by the Constitution, and therefore a legislative act that redistributes the jurisdiction must be ...
- 1,247
3
votes
1
answer
219
views
Did the US Supreme Court's recent ruling sidestep the issue of judicial review? (Whole Women's Health v. Jackson; challenge to Texas S.B. 8)
The following questions and their extensive answers cover the background of the issues well:
How close does the Texas law that bars most abortions after six weeks come to saying 'Defendants can&#...
- 17k
2
votes
1
answer
539
views
How close does the Texas law that bars most abortions after six weeks come to saying 'Defendants can't assert constitutionally protected rights?'
In the CNN video Toobin: This is the most important question a justice asked
CNN Chief Legal Analyst Jeffrey Toobin shares his thoughts on the Supreme Court justices' questions as they hear oral ...
- 17k
5
votes
0
answers
172
views
Would a Constitutional court make sense in The Netherlands?
Unlike many other countries, The Netherlands has no constitutional court. Article 120 of our constitution even says:
De rechter treedt niet in de beoordeling van de grondwettigheid van wetten en ...
- 194
8
votes
1
answer
569
views
Which President has had the greatest number of their actions ruled unconstitutional?
Abraham Lincoln suspended habeas corpus and the court ruled that it wasn’t within his authority, I am wondering which President did the most things that the Supreme Court explicitly ruled were ...
- 2,026
-2
votes
2
answers
321
views
Isn’t having unequal numbers of Senators in each class unconstitutional?
The Constitution says that Senators
shall be divided equally as may be into three Classes
So wouldn’t the current Class 3 consisting of 34 members while Class 1 and Class 2 only having 33 members be ...
- 2,026
2
votes
1
answer
209
views
Does the 15th amendment prevent voter discrimination based on ethnicity?
The 15th amendment reads:
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of ...
- 2,026
0
votes
6
answers
295
views
Are there examples in the world in some countries, of non supreme court members of the governments having legitimacy to interpret the constitution?
I've heard some armies make oaths to defend the constitution. Also I've heard about sheriffs publicly refusing to enforce a law on constitutional grounds. I'm not sure if they have the legitimacy to ...
- 2,429