All Questions
16 questions
2
votes
4
answers
1k
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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
3
votes
1
answer
226
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&#...
- 16.9k
4
votes
1
answer
354
views
Are there constitutional arguments for preventing/avoiding judicial review of state law in some scenarios? Are there any historical examples of this?
From CNN's video coverage of US Attorney General Merrick Garland announcement of its lawsuit against the state of Texas:
Q: ...several GOP lawmakers who said that they will follow Texas’ lead, and I ...
- 16.9k
-3
votes
2
answers
209
views
Can there be an administrative organization inside the US, above the state level? [closed]
According to the question about chairman West's phrase:
Perhaps law-abiding states should bond together and form a Union of states that will abide by the constitution
Is it constitutionally possible ...
- 11.8k
32
votes
8
answers
5k
views
Is the National Popular Vote Interstate Compact constitutional?
I read recently that Colorado will have a version of the National Popular Vote Interstate Compact on their ballot in November. Considering that this bill functionally eliminates the Electoral College, ...
- 436
3
votes
2
answers
164
views
Which US state constitutions don't have a legislative privilege ("speech or debate") clause?
I read that
The United States Constitution and forty-three state constitutions
include a Speech or Debate Clause granting legislators a legal privilege for
their legislative work.
Which US ...
5
votes
2
answers
490
views
Can the US states veto Congress legislation?
As said in the title:
Can the US states veto laws approved by the Congress?
For instance, the Federal Aid Highway Act of 1956 while it gave 90% of the funding from a Highway Trust Fund, however, ...
4
votes
3
answers
650
views
If a law is found to be unconstitutional; can an amendment to the state constitution matter?
In the general sense, let's say a state law is passed, and the courts decide that the law is unconstitutional because the United States constitution prohibits such laws. Can a state amend its own ...
- 1,991
14
votes
3
answers
3k
views
Why did Mississipi ratify the 13th Amendment so late?
I read recently - to my surprise - that Mississippi ratified the 13th Amendment to abolish involuntary servitude and slavery in 2013. In fact, there was a move to ratify it in 1995, but the paperwork ...
- 9,168
5
votes
1
answer
331
views
What happens to existing state laws if a state splits (United States)
Brought to mind by this question regarding the vote for splitting of California into three states.
What happens to existing California state laws if it is split into three states? Does each state ...
- 10.5k
39
votes
4
answers
8k
views
In the US, what is the role of and relationship between federal law and state law?
(This is an attempt at a canonical question about an important distinction in US law and politics that is different than many other countries. It was suggested by this comment on another question. I'm ...
- 6,590
3
votes
1
answer
977
views
How does "equal protection under the law" mean same-sex couples have as much of a right to marry as heterosexual couples?
First of all, I regard homosexuals as brethren & sisters. I respect their desire to marry, as I know of no way in which their lifestyle choices (of which being homosexual is not one) will affect ...
- 537
4
votes
1
answer
455
views
US Supremacy Clause: does it apply for administrative law?
According to Wikipedia,
The Supremacy Clause is the provision in Article Six, Clause 2 of the
United States Constitution that establishes the United States
Constitution, federal statutes, and ...
- 143
14
votes
3
answers
2k
views
Why do US local laws vary so much regarding the Second Amendment but so little regarding the First Amendment?
The Second Amendment to the US Constitution protects the right to keep and bear arms. Although the Constitution applies to all the United States, individual States, cities and other jurisdictions vary ...
- 2,745
18
votes
1
answer
1k
views
How could Philadelphia join New Jersey?
Yesterday, the Pennsylvania Senate voted to block a Philadelphia law which would require paid sick leave for employees. This is just one in a long series of examples where the heavily-Democrat ...
- 25.5k
4
votes
2
answers
3k
views
How often are state constitutional amendments overturned by federal judges?
I live in a state in the United States that just had a constitutional amendment that I voted for overturned by a federal judge and am suitably ticked.
How often does this happen to American ...
- 462