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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69
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8answers
8k views

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 ...
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3answers
2k 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 ...
20
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2answers
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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?
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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 ...
5
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3answers
543 views

What is the justification for allowing elected officials to accept money from corporations?

After reading this news article and this one I am perplexed. Admittedly, I'm no expert in politics. But in a free nation, where senators and representatives are elected to represent their ...
5
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1answer
477 views

Restricting polls because of the “Bandwagon effect”

Bandwagon effect: 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 words,...
23
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6answers
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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 ...
54
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9answers
26k 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 ...
22
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2answers
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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 ...
18
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1answer
1k 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 ...
8
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1answer
13k 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 ...
15
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2answers
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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 ...
13
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3answers
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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 ...
13
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5answers
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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 ...
12
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1answer
1k 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.)?
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2answers
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How easy is it to implement a National Sunday Law?

The 7th Day Adventist Church mentions that before the end of the time, the Papacy and the USA will introduce a Sunday Law (known as Blue Law) which will enforce the keeping of Sunday as worship day (...
9
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1answer
324 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? ...
5
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1answer
629 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 ...
2
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3answers
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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)? ...
16
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2answers
738 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....
14
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7answers
6k 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 (...
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3answers
2k 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,...
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3answers
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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 ...
6
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1answer
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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 ...
6
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2answers
726 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 ...
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2answers
308 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?
4
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3answers
238 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 ...
78
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7answers
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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 ...
33
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12answers
10k 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 ...
43
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3answers
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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 ...
31
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7answers
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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 ...
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6answers
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Why do US tech companies honor rulings by the EU when they don't have jurisdiction?

Why don't they just ignore the EU laws such as 'right to be forgotten', or 'cookies laws', or 'privacy', or 'competition', or even collecting VAT. It's not like the EU will block the domain name. ...
14
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6answers
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Why don't unions negotiate members-only contracts in right-to-work states?

How unions are generally formed is that the workers at a company take a vote, and if a majority vote for collective bargaining, then all the workers get represented by a union in negotiations with the ...
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20answers
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What policy arguments do people make in favor of legalizing marijuana?

I am not asking why people want marijuana legal, I am asking what arguments people make that legalizing marijuana would be beneficial to a society?
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3answers
4k views

What type of organization is an American political party?

Legally, what is a political party in the US? I know they are not mentioned in the Constitution. They do not appear to be corporations or charities, or PACs, or any other type of formal organization ...
15
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3answers
827 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 ...
8
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3answers
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Do DOJ regulations prohibit a Special Counsel from indicting the President?

I have seen many news articles mentioning that the Department of Justice has long argued that it cannot indict a sitting President; instead the appropriate course of action is for the DOJ to present ...
6
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3answers
564 views

What are the UK's “constitutional requirements” for Article 50 notification of withdrawal from EU?

Article 50 of the Lisbon Treaty says: Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements. What are the UK's constitutional ...
5
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1answer
316 views

A Spanish judge has jailed two key members of the Catalan independence movement. Have others been ever accused and convicted for sedition?

As of 16th October 2017, A Spanish judge has jailed two key members of the Catalan independence movement. As the BBC news reports: Jordi Sánchez and Jordi Cuixart, who lead prominent separatist ...
5
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2answers
251 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 ...
36
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8answers
15k 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 ...
26
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6answers
8k views

Could Boris Johnson face criminal charges for illegally proroguing Parliament?

Since the UK Supreme Court has ruled that the proroguing of the UK Parliament was illegal, is Boris Johnson personally culpable? Does this depend on whether the UK Parliament and its democratic ...
26
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2answers
3k views

Is there a documented rationale why the House Ways and Means chairman can demand tax info?

The BBC says: House Ways and Means chairman Richard Neal said failure to comply with the new deadline would be interpreted as a denial of request. One of Mr Trump's top aides said last week ...
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6answers
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If the EU does not offer an extension to UK's Article 50 invocation, is the Benn Bill irrelevant?

My understanding of the Benn Bill is that it only compels the PM to request an extension and what must be done if an extension is granted. If an extension isn't granted, is it true that neither the ...
17
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2answers
882 views

Are Senators not allowed to criticize each other on the Senate floor?

Elizabeth Warren, a Democratic senator, was prevented from speaking by her fellow Senate members after they claimed she had broken 'Rule 19' Section 2 which states: No Senator in debate shall, ...
12
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4answers
14k views

Can the British public request a General Election?

As some of you may know, as a result of the Panama Papers leak, David Cameron admitted that he profited from his father's Panama offshore trust. Among much confusion and anger, some members of the ...
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2answers
2k views

Did Donald Trump break any laws by asking James Comey to end the Michael Flynn investigation?

Written in Comey Memo Says Trump Asked Him to End Flynn Investigation: “I hope you can let this go,” the president told Mr. Comey, according to the memo. The existence of Mr. Trump’s request ...
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4answers
2k views

Under EU law, can Scotland remain or be re-admitted to the EU after Brexit while still a part of the UK?

Newspaper reports yesterday said that the Scottish First Minister and leader of the Scottish National Party, Nicola Sturgeon, had lobbied EU members to support Scotland's remain bid. After Scotland ...
11
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1answer
760 views

How does the Patient Protection and Affordable Care Act (Obamacare) differ from Massachusetts health care reform (Romneycare)?

These two laws at face value have many similarities, but it is difficult to spot the differences. How are these two bills alike, and how are they different?
11
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1answer
449 views

What is the Trump administration's legal basis for not imposing sanctions on Russia?

In July, Congress passed, in a near-unanimous vote, a law called the Countering America's Adversaries Through Sanctions Act, which among other things imposes sanctions on Russia for their interference ...