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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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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…
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What part of the constitution makes the US federal agency "Food and Drug Administration" legal?

Which part of the US constitution delegates the US federal government the power to establish the agency "Food and Drug Administration"?
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Would it be considered treason to help plan the movement of a migrant caravan to the border?

Stefan Molyneaux, on Twitter, said: If even one American is found to be one of the forces behind the Honduran ‘caravan,’ that’s straight up treason. He is referring to the migrant caravan that originated in Honduras and that is currently on its way…
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How would members of a convention for amending the Constitution be chosen?

Constitution of the United States, Article V: The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States,…
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Does National Security have Limitations?

Further investigations of the San Bernardino Shooting has the federal government asking Apple, Inc. to dismiss public privacy agreement. Is this ethically admissible through the All Writs Act of 1789? Consider the following: Absence of alternative…
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Who enjoys freedom of the press?

In the 18th century it was decided that in the U.S.A. "freedom of the press" would prevail. "The press" is the printing press, a technology for mass-producing copies on paper. Thus freedom of the press would appear to mean freedom to use that…
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Can declassified information be reclassified?

It seems that the laws around the safekeeping of certain US government and national security information are described by President Obama's Executive Order 13526. These make clear that the ultimate power to declassify documents rests with the…
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Can the President be removed from office if he is deemed, by competent authority, to be unfit to carry out his duties?

Suppose, for example, that a sitting President is diagnosed with a mental illness that a competent authority decides makes the President unable to carry out his duties, but the President refuses to step down. Assuming this President commits no…
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Full faith and credit to Vermont

In 1777 the politicians of Vermont published a litany of grievances against the government of New York and declared that thenceforward they considered Vermont a separate state pledging no allegiance to New York. Then they existed as an unrecognized…
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Does the Fourteenth Amendment give community college students the right to distribute election materials at any time?

I am a student at a local community college that is, to my knowledge, owned and operated by the county's department of education. One day, the student organization was hosting a barbecue. Student elections were coming up, and a friend of mine was…
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Are there only two, or are there three, forms of conventional involuntary servitude in the antebellum U.S.A.?

In 1865 the 13th Amendment provided that neither slavery nor involuntary servitude, except as punishment for a crime, shall exist in the United States. I have heard it said that slavery and indentured servitude are the two forms of servitude that…
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By what legislative process could the United States of America be renamed?

A country retains an identity when its name is changed. There are institutions in a country that exist independently of the name of the country. What processes would these institutions accept as proper to change the name of the United States of…
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What means 'higher democracy' in the Constitution?

Source: Richard A. Posner, How Judges Think (2008). p 332 Middle.   The problem is not that he is asking the court to weigh impondera. bles. For while "weighing imponderables" sounds like an oxymoron ("imponderable" is from the Latin…
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The condition of amendment in US constitution article V: Does it have any practical effect?

Article V rules how the constitution can be amended, provided that ... no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first…
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"Congress shall make no law" vs "no person" in the Bill of Rights

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the…
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