Questions tagged [bill-of-rights]

Questions relating to a bill of rights establishing rights to the citizens of a country. Notable examples include the Bill of Rights of the United States Constitution and the Magna Carta in England.

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Does the US Constitution guarantee the "certain unalienable rights" asserted in the Declaration of Independence?

To a helpful comment under Political origin/etymology of the political term "constitutional carry" - by extension can we have "constitutional marijuana"? (rhetorical) ...Can you ...
9 votes
3 answers

State law placing gun owners in a database

As per the article regarding Hawaii placing its gun owners in a database and some of the below quoted text from it, I could see this being a growing trend on a state by state basis. Question Could ...
1 vote
4 answers

Does the Constitution/Bill of Rights allow for temporary restrictions in case of emergencies? NY State sought to limit in person worship to 25 in ...
17 votes
3 answers

What does the Tenth Amendment actually do?

The Tenth Amendment to the US Constitution says: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to ...
15 votes
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What was the reasoning behind putting the right to keep and bear arms in the US Constitution?

The Second Amendment is currently the focus of both sides with some claiming they are trying to protect it, and others trying to curtail the rights that others claim it was intended to protect. So ...
21 votes
5 answers

Why does the US Constitution mention freedom of the press in addition to freedom of speech?

The First Amendment to the US Constitution proclaims that "Congress shall make no law ... abridging the freedom of speech, or of the press...." Why is (or was) it necessary to specifically mention ...
2 votes
3 answers

Does US or other Common Law states have mechanisms for reversing any reduction of rights?

I am thinking particularly from the standpoint of: Rights granted (or 'enshrined') under a constitution Subsequent limitations (by jurisdictions) placed on those rights Legal precedents or means for ...
5 votes
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Does the first amendment protect business owners from being forced to work for protected classes?

Certain classes are protected from discrimination in the United States. The intersection of the right to freedom of speech and being free from discrimination is getting more attention due to some ...
10 votes
2 answers

Did Governor Cuomo suspend First Amendment rights?

Yesterday, Governor Cuomo of New York issued an executive order that public funding will be slashed from all companies or businesses operating in the state of New York that openly boycott or sanction ...
42 votes
10 answers

Does this argument against healthcare as a right not apply to a "speedy and public trial"?

People often make the argument that healthcare cannot be considered a right because someone would be compelled to provide it for you. For example, from When supporters of ...
-5 votes
1 answer

Why isn't the U.S. Constitution and Bill of Rights Taught more comprehensively in schools? [closed]

It's hard to protect what you don't know exists. Most Americans, at best, only have superficial knowledge of a few rules and rights from tv shows. How can something so incredibly fundamental and ...
8 votes
1 answer

Which founding fathers supported the first proposed amendment to the Constitution?

The first proposed amendment to the Constitution, (also referred to as the Congressional Apportionment Amendment), if it had been ratified by the states would have resulted in a radically different ...
18 votes
3 answers

Does substantive due process apply to the Second Amendment?

The Fifth Amendment to the United States Constitution states, in part, "No person shall be ... deprived of life, liberty, or property, without due process of law." Since the 1930's, the Supreme Court ...
6 votes
1 answer

CISA: Do we lose 4th Amendment rights when we share?

The passage of CISA in its present form would give immunities to corporations that surrender users' personal information. Those who oppose passage of the bill often site the 4th Amendment, namely that ...
15 votes
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Could the US legally adopt Indonesia's 'religion in schools' setup?

There have been recent news stories about Indonesia's plan to increase religious teaching in schools. This intrigues me, as here in the United States, schools can't force students to worship specific ...
0 votes
1 answer

Does someone who didn't vote have a right to complain? [closed]

So this always comes up when I'm talking to people I know. I complain about this politician getting elected but because I missed voting because the voting precinct wasn't there on the day of the ...
3 votes
2 answers

What is considered due process of law in the 5th amendment in the US Constitution?

I was reading about the SCOTUS decision on DOMA, and it said that they invoked the 5th amendment, which states: nor be deprived of life, liberty, or property, without due process of law. I would ...
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Does the DOMA fifth amendment protections extend to religious members and unequal treatment by the IRS?

Does the recent SCOTUS decision on the Defense Of Marriage Act (DOMA) have any implications on the unconstitutionality of Mortgage Interest deductions for peoples whose religions bar them from ...