110 votes
Accepted

In most U.S. states, female genital mutilation is illegal. So why is male circumcision legal?

Clitoridectomies are not equivalent to male circumcision. Clitoridectomies are equivalent to removal of the glans (the head of the penis, which contains most of the nerve endings that produce sexual ...
Ted Wrigley's user avatar
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107 votes
Accepted

How do the Republicans' recent laws make it harder for Democratic voters to vote?

There's a bevy of tools being used but they boil down to a few basic categories: Close polling stations in key neighborhoods, forcing longer trips and longer lines at polling stations where voters ...
William Walker III's user avatar
70 votes
Accepted

Is the National Popular Vote Interstate Compact constitutional?

The Interstate State Compact, if it ever was implemented by states representing 270 or more electors would almost certainly be tested in court. Until it is tested in the Supreme Court, nobody can ...
James K's user avatar
  • 120k
56 votes
Accepted

Why are American states permitted to vote their own election laws?

Amendment 10 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 the people. Your question assumes a ...
James K's user avatar
  • 120k
49 votes

What would happen if an American state didn’t follow a ruling by the Supreme Court?

I don't know if this is the worst case confrontation, but I suppose it ranks pretty high; following Brown v. Board of Education there were numerous attempts to resist, some solved with troops and some ...
the gods from engineering's user avatar
48 votes
Accepted

In the US, what is the role of and relationship between federal law and state law?

Division of Powers Between State and Federal Governments There are some powers that are reserved solely to the federal government, some that can only be exercised locally or by the states, and yet ...
reirab's user avatar
  • 8,261
48 votes

Why are Kinder Surprise Eggs illegal in the USA?

Note that the manufacturer has worked around this ban by introducing the Kinder Joy It has plastic egg-shaped packaging that splits into two, one half contains layers of cocoa and milk cream and the ...
the gods from engineering's user avatar
48 votes

What is the rationale behind making it illegal to hand out water to voters in line in Georgia?

The rationalization stems from similar proclamations across multiple states against voter intimidation or vote-buying. Nobody should have the fact that they're stuck in a line be taken advantage-of by ...
Carduus's user avatar
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47 votes
Accepted

Why are Kinder Surprise Eggs illegal in the USA?

They have tiny pieces that are considered to be a choking hazard. There have been some high profile and tragic deaths among children due to choking on toys with small pieces. So the United States is ...
Brythan's user avatar
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46 votes
Accepted

Why do so many US States have a relaxed vehicle inspection policy?

There's a few reasons why, but the two largest are It's effectively a tax on cars (and a regressive tax at that). A Texas legislator noted that when introducing a bill to repeal Texas' law So let’...
Machavity's user avatar
  • 48.5k
46 votes

What is the rationale behind making it illegal to hand out water to voters in line in Georgia?

The point is to make voting harder and, therefore, to discourage it. By preventing volunteers from giving out food and water to voters, it makes the wait to vote (which can stretch to hours in some ...
divibisan's user avatar
  • 25.9k
42 votes

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?

In WWH v. Jackson the Court majority concludes that the Texas law is de facto immune to the power of judicial review, for entirely procedural reasons. They argue that the Court's power of injunction ...
William Walker III's user avatar
38 votes

If Roe is overturned, what is the legality of laws prohibiting crossing state lines for abortion?

This law would be unconstitutional. There is a well established constitutional right to travel and relocate. In general, a state can't burden that, partially also under the doctrine known as the ...
ohwilleke's user avatar
  • 79.9k
37 votes

Why are American states permitted to vote their own election laws?

US election laws are a mainly left up to the individual states because the Constitution delegates broad election-related powers to the states. The federal government can create certain election laws ...
Giter's user avatar
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35 votes
Accepted

Why is bestiality illegal in the United States?

As Wikipedia indicates such state laws seem to have a curiously bimodal distribution. Some are two (or more) centuries old, and some are pretty recent, e.g. Arkansas has it since 1819 Alabama has it ...
the gods from engineering's user avatar
34 votes

In most U.S. states, female genital mutilation is illegal. So why is male circumcision legal?

It takes time for things to change. 200 years ago slavery was legal. 50 years ago genital mutilation was acceptable, and so was electroshock therapy for gay people. Today those things sound like ...
Dmitry Grigoryev's user avatar
32 votes
Accepted

How do states with no state income tax like Florida or Texas generate tax revenue?

You can find revenue breakdowns online, as this is generally all public information. It mainly only gets confusing depending on how the breakdown is done and the names given to them (e.g. sales tax, ...
zibadawa timmy's user avatar
32 votes

How do the Republicans' recent laws make it harder for Democratic voters to vote?

affect the Democratic base, but not their own constituents Besides the fact that you're using the word "constituents" incorrectly (everyone who is eligible to vote for you is your ...
Acccumulation's user avatar
31 votes
Accepted

Has any US state passed a law in a language other than English?

Louisiana's civil code was originally (before statehood) written in French and translated into English. Even after statehood, however, the code was bilingual for several decades: The first Louisiana ...
phoog's user avatar
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31 votes
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How did Nevada Governor Joe Lombardo explain why he vetoed a bill that would ban people from acting as fake electors?

You can read the letter of objections Lombardo attached to the bill when he returned it to the Nevada Senate here. His argument against the bill is essentially that it introduces "...
CDJB's user avatar
  • 107k
29 votes

How do the Republicans' recent laws make it harder for Democratic voters to vote?

I think this whole issue would be clearer if people understood that the GOP goal here isn't voter suppression; the GOP goal is voter attrition. Every hoop to jump, every obstacle to navigate, every ...
Ted Wrigley's user avatar
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29 votes
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Georgia Secretary of State's power to enforce the 14th amendment of the US constitution re. deny Marjorie Taylor Green's right to run for re-election?

The relevant statute in Georgia is GA Code § 21-2-5 (2020) - it’s a bit long to reproduce here, but the general gist of the law is to first establish that all candidates for election must meet the ...
CDJB's user avatar
  • 107k
27 votes

Why is bestiality illegal in the United States?

The Law Bestiality is not a crime, per se, in five states, although in some cases it may constitute animal cruelty. In Colorado (where the enactment was fairly recent), bestiality is per se an act ...
ohwilleke's user avatar
  • 79.9k
27 votes

How can grand jury secrecy rules block release of Trump financial records?

Just Me's answer covered the ruling pretty well, so I'll focus on the specifics of a grand jury. A grand jury proceeding is nothing like a jury trial. It is an investigative tool for the prosecution ...
PoloHoleSet's user avatar
  • 20.9k
26 votes
Accepted

What would happen if every state had a law requiring it hold the nations first primary?

For the purposes of this answer I’ll only look at the rules for the democratic party (mostly because they were easier to find). In short, the DNC will not recognize any primary or caucus held before ...
Magnus Jørgensen's user avatar
24 votes
Accepted

Why are drinking laws so strict in the USA?

The "frame challenge" aspect of this answer is to note that, while the USA is stricter than many European countries, it is less strict than many other countries. Many majority Muslim countries ban ...
James K's user avatar
  • 120k
22 votes
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What arguments have been made to support the Texas abortion law's private enforcement provisions, beyond evading review?

I haven't come across supporters of the bill disclaiming the charge that the private enforcement clause is intended to evade immediate judicial review - the sponsor of the bill, Senator Bryan Hughes, ...
CDJB's user avatar
  • 107k
21 votes
Accepted

If every legal challenge that Trump has mounted since the election succeeds, could he win the presidency?

Trump would need to achieve a result changing outcome in three of the following six states: NV, AZ, PA, MI, WI and GA. Some are more vulnerable to challenge than others by virtue of involving smaller ...
ohwilleke's user avatar
  • 79.9k
20 votes

Why are Kinder Surprise Eggs illegal in the USA?

As described in other answers, the United States has banned the sale of candy with embedded toys since 1938. This photo of a poster from the FDA History Office (apologies for the low quality) explains ...
Frank's user avatar
  • 301

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