Questions tagged [law]

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What would the repercussions be for individual Lawmakers if they had actually been communicating with the 'mob' outside the capitol on January 6?

If on January 6, 2021 Senators or Congress people from within the Capitol building had been communicating with the mob outside, what could be the consequences for these actions? To make matters even ...
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Has the freedom of speech been compromised in the US? [duplicate]

Freedom of speech is defined as: The right to express any opinion in public without censorship or restraint by the government, protected in the United States as a right under the First Amendment to ...
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Argument for why the electoral clause was not violated by balloting changes related to Covid-19 [closed]

The electoral clause (article II, section I, clause 2) of the U.S. constitution states: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to ...
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Appeal process for being designated a “Terrorist Group” (Canada)

Yesterday, the office of Canada's Minister of Public Safety and Emergency Preparedness designated 13 groups as "Terrorist Groups". According to CBC, the result is that it is not necessarily ...
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Do other countries provide police the same degree of immunity that USA police officers have?

In the USA, police have a high degree of immunity for their actions in the line of duty. It is nearly impossible to sue an individual officer due to qualified immunity, and one can't sue a precinct ...
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Can the US President veto a repeal?

Under Article 1 Section 7 of the US Constitution, the President has the authority to veto any piece of legislation passed by Congress (and Congress can override the veto with a 2/3 majority in both ...
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3answers
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Does US Federal Law explicitly prohibit election misinformation?

According to the latest rumor about pro-Trump influencer arrested on charges of conspiring with others in advance of the 2016 U.S. Presidential Election to use various social media platforms to ...
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1answer
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What happens if election fraud is found after a president is elected? [duplicate]

A proportion of Donald Trump's supporters believe that the presidential election that has recently led to Joe Biden being sworn in was fraudulent. As I recall, numerous states, such as Arizona, are ...
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1answer
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Which senator largely singlehandedly defeated the repeal of the Logan Act?

A long article on the Logan Act mentions this failed attempt to repeal it, during the Carter administration: After decades of deflecting Logan Act entreaties, an exasperated Department of Justice ...
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Would alleged 3 weeks of talks between Biden and Iran violate Logan act?

As per Le Figaro (a French newspaper), Biden officials have been in talks with Iran for the past 3 weeks - which means 3 weeks before inauguration. Would that violate the Logan Act? (assuming the ...
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Does all military authority come from the President? [duplicate]

If the President were to order it person who reports directly to them, it would be expected that they follow that order assuming it's legal and ethical, but does the President have the power to give ...
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Pardoning US military commanders

Question Can a future president fully pardon any military commanders convicted of or charged with insubordination or any similar crime for refusing to follow orders of a current POTUS to take ...
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Can members of the military resign if they do not want to follow an order without punishment?

If a solider were ordered to go to war and they thought the war was very bad for the country, could they just resign or would they still be punished for not following the order?
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What checks and balances are there to stop the Supreme Court from grossly misinterpreting the constitution?

If the Supreme Court were to rule that they have the power to impeach and convict the president because they are supposed to make sure the constitution is not violated or ruling that the first ...
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Is there any situation where a person who admitted to breaking the law in the interest of the United States can not be convicted legally? [closed]

For example when the bombs were dropped on Japan which killed innocent civilians, but the people in the military responsible for it was not punished seemingly because ending the war was believed to be ...
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How immune are Supreme Court justices or other high ranking judicial officials from punishment for crimes committed during their official duties?

I am aware that members of Congress have some immunities and so do the President and Vice President, but what about Supreme Court justices or federal prosecutors for example?
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Can a piece of EU legislation have (unrelated) “riders”?

In relation to this popular q, I don't recall seeing riders in EU legislation or the matter even being discussed in relation to it, so I'm guessing some form of single-subject rule is enforced even if ...
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Are there countries where the legislative body is not allowed to issue laws that touch upon unrelated subjects?

As a recent example, the recent $2.3 trillion stimulus bill contained not just provisions related to supporting the American people, but also a requirement to produce a report on UFOs: Federal ...
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1answer
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Understanding Standing [closed]

Another Trump backed lawsuit to overturn the November 2020 election has failed to be heard due to lack of standing. He ruled that US Representative Louie Gohmert of Texas and a slate of Republican ...
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1answer
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When precisely do federal laws take effect in the United States?

If a bill that was passed by the U.S. Congress is signed by the President, and the bill named an effective date, at what instant does the law take effect? For example, if a provision is set to take ...
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1answer
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How does the recent EU-UK trade treaty “go beyond a Canada-style” agreement, but still not require ratification by national parliaments under EU law?

The rules for ratifying EU trade treaties depend on what's in them. There are two categories known as "EU-only" and respectively "mixed" treaties, roughly discriminated along the ...
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Why did the US have a law that prohibited misusing the Swiss coat of arms?

From Reuters news on recently passed legislation (alongside the spending package): those who misused certain emblems - the U.S. Forest Service’s “Smokey Bear” and “Woodsy Owl” characters, the ...
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1answer
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Why did Trump not rescind DACA via an executive order?

In Early September of 2017, DACA was rescinded by then-Acting Secretary of Homeland Security Elaine Duke via a Department Memorandum. The Supreme Court struck down this memorandum in mid-June of 2020 ...
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Does politics deal with descriptive or normative ethics? [closed]

I am reading the article Privacy (Stanford Encyclopedia of Philosophy). It distinguishes descriptive and normative accounts of privacy: This literature helps distinguish descriptive accounts of ...
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If the justifications for informed consent are questionable, then why would it be a legal requirement?

The article Informed Consent (Stanford Encyclopedia of Philosophy) lists some main arguments for informed consent. They are: "protection", "autonomy", "prevention of abusive ...
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Why is the US still heavily relying on cash bails?

According to this article there seem to be serious downsides to heavily usage of money (cash) bails (emphasis mine): In effect, the cash bail system criminalizes poverty, as people who are unable to ...
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How are U.S. states allowed to put marijuana legalization on ballots when it's against federal law?

Five states will now legalize marijuana for both recreational and medical use. During the November elections, A majority of New Jersey and Arizona residents voted yes on ballot measures to make ...
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Are there proposals for preserving ballot secrecy when a candidate scores 100% in a very small polling station?

In the 2020 United States Presidential Election in Dixville Notch, New Hampshire, Joe Biden received 5 votes and Donald Trump received 0 votes. Biden received 100% of votes cast. In the 2016 United ...
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How can election winners of states be confirmed, although the remaining uncounted votes are more than the difference in votes?

For the US presidential elections, the Associated Press announced winners for several states although a significant portion of the votes were uncounted. One example is Illinois where at the moment of ...
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1answer
174 views

What is going on with the constitutional court in Ukraine?

Recently, Ukrainian President Volodymyr Zelensky submitted a bill to the Verkhovna Rada (Supreme Council of Ukraine) proposing to terminate the powers of all Constitutional Court judges. It's a bit of ...
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What arguments are there for not passing anti-SLAPP laws?

A SLAPP (strategic lawsuits against public participation) lawsuit is a frivolous lawsuit made by someone who does not believe they can win. The main reason for them is to cause the defendant ...
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1answer
688 views

Is it normal or required for POTUS to attended SCOTUS swearing in ceremonies?

I noticed from the recent swearing in photos of the new SCOTUS judge that POTUS was present. Is it normal for POTUS to be present? It is required or a choice by someone (who makes that choice?). Of ...
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Is it legal for the US private company to provide services depending on political party?

Read about US company "Fortitude Ranch", specializing on providing secure vaults, who would open it's "survival camps" at the election day. Can such company theoretically provide ...
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Can the EU Parliament's vote on terminology for plant-based meat and dairy substitutes lead to enforcing the new terminology upon the member states?

The EU Parliament should decide whether to ban the usage of ‘meatish’ and ‘dairyish’ names for plant-based products. This sounds rather strange since this seems to go against the EU environmental ...
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What does Amy Coney Barrett have to do with abortion, healthcare, etc?

Barrett Avoids Slips as Democrats Press on Abortion, Health Care Democrats grilled U.S. Supreme Court nominee Amy Coney Barrett for hours about abortion rights, health-care law, guns and election ...
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Is forcing ballot secrecy a first amendment violation?

I have seen that there are laws barring people from taking pictures of their votes. The purpose of these laws is typically to prevent vote buying. I believe that this prevents legitimate public ...
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1answer
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Can a US state bar a formerly incarcerated felon from being a member of congress?

I was thinking about the fact that some states bar felons from voting even after they are released from prison. I also thought about whether or not it would be legal for a state to bar a former felon ...
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Why aren't the justices of the Supreme Court of the United States democratically elected?

Related: Doesn't the system of the Supreme Court oppose justice? and Why is the debate on the composition of the U.S. Supreme Court so politicised? In following the aftermath of Justice Ruth Bader ...
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Expulsion of elected members of the legislature - where is it possible?

Are there world states which have an elected legislature, not subject to a higher authority (except the law), in which elected members can be expelled by a majority of the other elected members? That ...
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1answer
324 views

Why Is The U.S. Supreme Court Reviewing So Few Cases On The Merits?

The U.S. Supreme Court in recent years has been deciding fewer cases on the merits than it has at any time since the end of the U.S. Civil War. (Source) Yet, the volume of cases eligible for its ...
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Is the POTUS above the law? [duplicate]

I heard Bernie Sanders say "nobody is above the law and that includes the President of the United States". I was wondering about whether or not that is factually correct, in theory and in ...
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4answers
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Why isn't the concept of diplomatic immunity rejected?

Diplomatic immunity says that diplomats cannot be prosecuted in the country they are visiting as a diplomat for. It can be interpreted as saying that diplomats are above the law in the country they ...
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1answer
194 views

If birthright citizenship ends in the US [closed]

I was recently discussing with my American cousins about whether President Trump could end birthright citizenship. I was wondering if he indeed does so, what would the new "US nationality law&...
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3answers
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May partisan events be held in the White House?

I noticed US President Trump held a Republican National Convention (RNC) event at the White House the other day. Is it not illegal, and unprecedented, for the President to use the White House — a ...
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What are “frugality rules”?

A total of 15,799 Chinese officials were punished in July for violating frugality rules, the top anti-graft body said on Thursday. https://www.shine.cn/news/nation/2008285032/ What does the term &...
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1answer
108 views

Can American politicians be tried for treason if it is proven that they collaborated with a foreign enemy to get someone elected?

https://nymag.com/intelligencer/2020/08/russia-ukraine-trump-biden-intelligence-foreign-interference-election.html Can American politicians be tried for treason if it is proven that they collaborated ...
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176 views

Can a future president undo Trump's TikTok ban or is it outside of their control?

Can a future president undo Trump's TikTok ban, or would it be outside of their control? I am wondering, if Trump's executive order against TikTok passes, whether his successor (be it Biden, or ...
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5answers
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Can I (a random person in the world) be prosecuted under the new Hong Kong security law?

According to Amnesty International, the new Hong Kong security law "applies to everyone on the planet". I quote: The wording of the Hong Kong national security law asserts jurisdiction over ...
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1answer
443 views

How/why was the Federal Pandemic Unemployment Compensation set at a flat $600/week?

A major provision of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was to give a $600/week payment (known as Federal Pandemic Unemployment Compensation or FPUC) to anyone ...
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In the US, what is the meaning of “declaring a Riot”?

According to CNN, the Portland Police Bureau "declared a riot" on July 4th, 2020 after protesters shot commercial grade fireworks at both the state and federal courthouses. Some local ...

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