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Questions tagged [law]

The collection of binding customs or rules of a community prescribed, formally recognized or enforced by a community or controlling authority. When you use this tag, please consider if your question might be more appropriate on law.stackexchange.com.

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What makes "Voter ID laws" so controversial in the US?

As a European, I am always baffled by the concept that requiring an ID to vote is so controversial in the US, for me is one of the most "natural" things. I hear that it is because obtaining an ID in ...
Federico's user avatar
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44 votes
8 answers
8k views

Could a US President abuse their pardon powers to unilaterally make laws?

For instance, if I really hate littering, and I somehow become President of the United States, could I effectively make littering a capital offense by promising to immediately pardon anyone who kills ...
endolith's user avatar
  • 3,552
30 votes
8 answers
2k views

What purpose do anti-Polygamy laws serve?

Question title says it all really. Polygamy is illegal in most US states, here in Britain and also no doubt many countries elsewhere, but why? What are the political motivators for this, especially in ...
Charlie's user avatar
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20 votes
3 answers
3k views

Why does the US government not enforce federal laws against Colorado's legalization of marijuana?

As far as I know, possession and trade of marijuana is illegal in the United States according to federal law. However, the state of Colorado (as well as some others) recently legalized marijuana for ...
Noah's user avatar
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19 votes
2 answers
19k views

What happens if President Trump has been found to be colluding with Russia?

What happens if it is proven that President Trump has been colluding with Russia during his campaign? Does he go to trial or get impeached? Or does nothing happen?
Programmer's user avatar
23 votes
3 answers
20k views

How come Gerrymandering is still legal?

I just came across a post on tumblr including some congressional district borders. How come state courts do not outright throw this out through the window for not following the compactness rule? I ...
SF.'s user avatar
  • 340
14 votes
6 answers
934 views

Can the federal government mandate vaccinations?

Would a federal vaccine mandate violate the rights of the states, or would it be within the scope of the federal government?
The Mamba's user avatar
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11 votes
1 answer
3k views

Can US Congress members be (successfully) sued for defamation?

What is the level of protection of Congress members against civil lawsuits for statements they make, e.g. can they be successfully sued for defamation (libel, slander etc.)?
against very long user names's user avatar
8 votes
3 answers
3k views

What would happen if a US president was put in prison?

What would happen if a sitting United States president was put in prison? Could such a thing even happen? Would he be removed from office before this, or could he even be sentenced for anything? Also,...
user avatar
26 votes
7 answers
4k views

Why are there laws for victimless 'crimes'

Shouldn't laws only stop one from harming other (socially, physically etc)? What is the purpose of other laws? For example, if an individual takes drugs without causing harm to others - what gives ...
Harry Tong's user avatar
15 votes
2 answers
2k views

What are the limits of parliamentary privilege?

From what I understand, parliamentary privilege affords MPs and Lords freedom of speech without fear of prosecution within their respective Houses of Parliament. I’ve only seen it come up into ...
CDJB's user avatar
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9 votes
2 answers
686 views

Restricting polls because of the "Bandwagon effect"

According to Wikipedia: The bandwagon effect is a phenomenon whereby the rate of uptake of beliefs, ideas, fads and trends increases the more that they have already been adopted by others. In other ...
Sir Sy's user avatar
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6 votes
1 answer
6k views

What is the minimum number of Legislators required to pass various Acts of Congress?

Since the US Constitutional Quorum for most purposes is a majority of each house of Congress, can bills pass that house with a majority of the quorum or do they need a majority of the total seats of ...
Jake Shreffler's user avatar
5 votes
2 answers
396 views

What parts of EU law impose that the EU cannot consider an extension/delay request not coming from the PM?

A recent article quotes Boris Johnson as saying "The EU is obliged by EU law only to negotiate with member state governments, they cannot negotiate with Parliament, and this government will not ...
against very long user names's user avatar
4 votes
2 answers
370 views

Why didn't Mueller have to submit a report to Congress?

Ken Starr had to submit a report directly to Congress, pursuant to 28 USC 595 (c) Why didn't Mueller have to do this?
against very long user names's user avatar
1 vote
7 answers
1k views

Are there countries, besides Israel, that declare themselves nation-states for a particular ethnic group?

The Israeli Basic Law, controversially passed in 2018, specifies that The State of Israel is the national home of the Jewish people, in which it fulfills its natural, cultural, religious, and ...
GingerBadger's user avatar
55 votes
9 answers
27k views

Why won't Donald Trump do something about "fake news"?

Donald Trump continues to smash fake news on rallies and speeches, meanwhile news (whether fake or not, you can decide yourself) are slamming the president with one story after another. I personally ...
Vladimir's user avatar
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30 votes
6 answers
5k views

Why is avoidance of judicial review of the Texas abortion law and other future US state laws so concerning to the US department of justice?

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 ...
uhoh do I really dictate's user avatar
24 votes
5 answers
6k views

Is it true that the US president can execute anyone without a trial?

Sorry if this is a stupid question. I am not an American (i.e. Canadian) and I was speaking to a friend today and he told me that apparently Obama passed a law last year that gives the president the ...
Jey's user avatar
  • 367
21 votes
1 answer
2k views

Why are South Korean content laws so strict?

I am from South Korea, and in my country, graphic content laws are extremely strict - so strictly enforced that the following events had happened: 19+ filter on Google and YouTube Government blocked ...
user avatar
19 votes
6 answers
7k views

What does "far-right extremist" mean?

I often hear the expression "far-right extremist" to identify a person who goes on a killing spree based on his/her political beliefs. Examples would be Breivik and the perpetrator of the Trollhättan (...
Slazer's user avatar
  • 315
16 votes
2 answers
979 views

Are there many liberal democracies that use "the more favorable criminal law" principle?

This question is somehow a followup of this one (split suggestion). At the end of January 2017, Romanian Government (executive branch) made several changes to Criminal Law using a Government Ordinance....
Alexei's user avatar
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16 votes
3 answers
3k views

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 ...
einpoklum's user avatar
  • 8,894
16 votes
3 answers
2k views

How do states without Voter ID laws ensure that people are who they say they are?

In the United States, requiring voters to show photo-ID is very controversial. Many claim that it is discriminatory. In states where requiring photo ID is not allowed, how do election officials ...
Daniel's user avatar
  • 767
15 votes
5 answers
7k views

Are clergy required to perform interracial and/or same-sex marriages in the United States?

In Loving v. Virginia, the United States Supreme Court invalidated laws against interracial marriages. This, along with laws around equal protection and non-discrimination made for a compelling ...
Affable Geek's user avatar
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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 ...
uhoh do I really dictate's user avatar
10 votes
1 answer
407 views

What are the limits of the authority of POTUS to issue Executive Orders

Civics class was almost a half century ago. However, I thought I was taught that only Congress could make laws. How and why does the President have the authority to make law via Executive Orders? ...
user2840's user avatar
  • 101
10 votes
5 answers
3k views

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 ...
Allure's user avatar
  • 35.1k
9 votes
3 answers
11k views

In what conditions could a National Sunday Law be implemented? [closed]

There are religious groups supporting the idea that before the end of the time, as result of an eventual increase of the Church power received from the State, a National Sunday Law will be implemented:...
Ionică Bizău's user avatar
9 votes
3 answers
3k views

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 ...
Hjan's user avatar
  • 225
8 votes
1 answer
15k views

Can private entities directly fund federal organizations?

Hypothetical: With congress stalled or unwilling to pass a new budget, could a sufficiently wealthy organization donate money to a government department, say the Department of Education or NASA and ...
lswim's user avatar
  • 183
7 votes
3 answers
2k views

Constitutionality of travel ban/sanctuary cities

Every single time sanctuary cities and cutting funding or the travel ban are mentioned on the news, every objection to them is based on claims of unconstitutionality. I am confused by this though. In ...
Lanet Rino's user avatar
6 votes
2 answers
830 views

How can countries close their borders to refugees when they have a legal obligation of non-refoulement?

Many countries in Europe are closing their borders to refugees after a spur of right-winged political movements. However, the principle of non-refoulement states that a state must accept someone who ...
Vasting's user avatar
  • 303
5 votes
1 answer
729 views

Would offering to pay the fine for a faithless elector be bribery?

There has been a lot of discussion lately about faithless electors and whether they are bound in certain cases or what the penalty is. There's a petition circulating which offers to pay the fine of a ...
eques's user avatar
  • 251
5 votes
2 answers
366 views

Is the there a term for state (or local) officers not caring about enforcing federal law?

I think it's generally accepted that in the US: state officers cannot be compelled to enforce federal law. For more details as to why that is accepted: In Printz v. United States, 521 U.S. 898, ...
against very long user names's user avatar
4 votes
3 answers
3k views

Can congress be sued for prolonging the nomination of a Supreme Court Justice?

If Congress pledged outright to block the nomination of any new Justice, (which I believe they already have), can someone hit Congress with a lawsuit (which could ultimately reach the Supreme Court)? ...
concealed curry's user avatar
4 votes
3 answers
259 views

Could the UK Parliament change the rules on prorogation by voting in a new law?

Boris Johnson controversially scheduled a prorogation of 34 days recently, which means that the UK Parliament won't be able to pass new laws at a critical time when the UK is about to leave the ...
JonathanReez's user avatar
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86 votes
9 answers
20k views

You have the right to remain silent, but why?

Many countries have laws that protect a suspect (or anyone else) from being forced to self-incrimination. For example USA have that codified in the fifth amendment and it's mentioned in the Miranda ...
skyking's user avatar
  • 917
59 votes
5 answers
11k views

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 ...
luchonacho's user avatar
  • 5,020
54 votes
6 answers
7k views

What are the implications of the EARN IT Act?

On the face of it, the EARN IT Act of 2020 appears to be a bill to protect against online exploitation of children by creating a National Commission for that purpose. However, the Electronic Frontier ...
CDJB's user avatar
  • 107k
44 votes
3 answers
9k views

Can the president of the United States be guilty of insider trading?

For almost one year now, I have closely observed developments on stock markets. I mainly focused on major indices such as the Dow Jones and DAX (I am from Germany). Both indices suffered losses during ...
PKlumpp's user avatar
  • 699
39 votes
4 answers
10k views

Why would interracial marriages need legal protection in USA in 2022?

Today it was in the news (for example at the Washington Post) that the U.S. Senate has passed a bill to protect interracial marriages. Among other things, this bill would require that people are ...
alec's user avatar
  • 1,210
38 votes
7 answers
25k views

Why is bestiality illegal in the United States?

This is a question I have wondered more than once while browsing statute. Many states have laws against bestiality. For the life of me, I have never heard of this practice actually occurring and I ...
indigochild's user avatar
  • 23.9k
35 votes
13 answers
15k views

Why is banning communism symbols so hard to achieve as opposed to banning of Nazi symbols?

NOTE: to narrow down the question, I will make the following narrowing: Nazi symbols: salute and the swastika used in clear connection to Nazi (i.e. not this one) Communist symbols: hammer and sickle ...
Alexei's user avatar
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35 votes
6 answers
9k views

Why are legal decisions in the US so politicized?

(Not sure if this should be on the Law.SE. I'm guessing the answer is more political than legal, hence I'm asking it here.) Example WILMINGTON, Del. (AP) — A difficult political atmosphere for ...
Allure's user avatar
  • 35.1k
35 votes
2 answers
4k views

What are the implications of Hungary's emergency coronavirus bill?

Today, Hungary's parliament voted by 137 to 53 to enact the new COVID-19 bill, which apparently grants Prime Minister Viktor Orbán sweeping powers, in order to allow Hungary to deal with the crisis. ...
CDJB's user avatar
  • 107k
33 votes
9 answers
15k views

What is the purpose behind having public holidays in modern times?

As far as I understand, public holidays were originally a way of letting workers rest during the year, as well as celebrating major religious events. Nowadays workers are usually entitled to a few ...
JonathanReez's user avatar
  • 51.1k
33 votes
6 answers
10k views

How did George W. Bush make torture legal and what did Obama undo?

In the George W. Bush era, how did government organizations get away with using torture? Obviously it was illegal. What legislation did they pass, and what did Obama undo? In this article, it talks ...
ESamual's user avatar
  • 461
29 votes
8 answers
6k views

Why do many liberal countries criminalize polygamy? [duplicate]

Polygamy is a crime in many liberal countries (such as all 27 countries of the European Union). It is theoretically victimless, however. Why then would a liberal country criminalize it? Things I can ...
Allure's user avatar
  • 35.1k
29 votes
4 answers
12k views

Why are Kinder Surprise Eggs illegal in the USA?

In the USA, Kinder Surprise Eggs are banned by the government. What is the reason?
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