Since the Doctrine of Ultra Vires depends on administrative law which is derived from a Legislature, can a legislature administer itself? If a Constitution Convention is ever triggered under Article V, would the Doctrine of Ultra Vires apply and prevent the convention from introducing drastic new changes to the Constitution rather than addressing a specific proposed amendment?
Trying to source a quote - my father always told me something like, "If the innocent don't stand up for their rights the job is left to the guilty" or something like that. Who was he paraphrasing? [more inside]
I'm working for a subsidiary organization that has an outdated constitution and by-laws. The structure is so different from the current model constitution of the parent organization that it would seem easier to just strike the original one and replace it, rather than amending specific articles. My question is, given that there is no direction in the constitution itself about a complete overhaul (only how to amend it), can you repeal an entire constitution? Is "repeal" even the right term?
I've made a website to make it easier to access state constitutions. Help me figure out how to reach the people who will be most interested.
US Supreme Court decisions and how state law can limit them has made me curious about state constitutions. I understand that the 10th Amendment grants to the states powers not explicitly given to the Federal government. [more inside]
My boss owns the apartment in which I reside. Above the front door is a large and ominous security camera replete with a bank of infrared lights. My comings and goings are recorded and accessible by not only the boss (who was unaware of its existence), but 2 other employees who have no right to watch what I do. Or do they? Can someone answer me: is this scenario legal?
What does this oath mean, in practice, and what does "supporting a constitution" entail? [more inside]
Where would I go to collaborate on re-architecting government? [more inside]
What are the arguments for and against corporate personhood? [more inside]
Is the US government constitutionally able to enact a law that could make salary equity requirements of all entities doing business with them? [more inside]
Help me locate scholarly or serious resources discussing the idea that "all men are created equal." [more inside]
Do you have personal experience or anecdotes of what happened when a police officer requested an ID from you and you refused? [more inside]
Has Article Four of the US Constitution ever been explicitly invoked to justify state violence or state action against American citizens? [more inside]
Help me teach the First Amendment (to my students, that is- this isn't an O'Donnell Filter) [more inside]
Help with Grade 5 Writing Project (related to the U.S. Constitution) [more inside]
Applying constitutional law abroad [more inside]
How would it be Constitutional to hold Guantanamo Bay detainees in the United States without trial? [more inside]
Does my grassroots advocacy organization need bylaws? What should they look like? [more inside]
What is the best hornbook for a law school Criminal Procedure class? [more inside]
How would a more qualified person refute my dumb legal theory regarding the death penalty? [more inside]
This morning I came across the following sentence on pg. 58 of John Kenneth Galbraith's A Short History of Financial Euphoria: "The Constitution forbade the federal government and, needless to say, also the states to issue paper money." Article 1, section 10 says that states can't issue paper money, but where does the Constitution say that the federal government can't?
I have some questions about torture regarding international and US law, especially the Geneva Conventions and the UNCAT. [more inside]
Either I have found a secret flaw in the opinion, or I am misunderstanding something major about Marbury v. Madison. The later is more likely, being as this would have been brought up before as one of the most important SCOTUS cases... but I can't find it anywhere! [more inside]
Is Gaza considered a separate nation-state from the Palestinian Authority by the Israeli government? [more inside]
ForA(Best)FriendFilter: What can a smart, idealistic kid do out of college in the DC area which relates to law & the study of the constitution? [more inside]
May George W. Bush refuse a pardon from Barack Obama? [more inside]
In the United States, what legal rights are there for dead people? Does the constitution have stipulations for the rights of dead Americans and non-Americans who die in America? Also, how long - hypothetically - does a person need to be dead until their body becomes public property and, in the case of those who die leaving kin, are dead bodies 'owned', and for how long?
What are the reasons for and against constitutionally requiring a specific national language? [more inside]
What are the most common points of criticism of the Treaty of Lisbon, and how do they relate to the failed European Constitution? [more inside]
Does the 'use tax' charged by states for purchases made outside their borders violate the commerce clause? [more inside]
Two to three questions involving the pending FISA bill--specifically the immunity provisions. [more inside]
What movie clip/s could I show my 8th graders that would make them say, "Damn, I really do need to care about the Constitution!"? [more inside]
What are MeFi's favorite resources about American Indian law? I'm a fairly well-read person on the letters of the law- I read the appropriate journals and legal briefs- but I'd like a more comprehensive set of rhetoric about the native peoples of the Americas. [more inside]
Reading an unwritten constitution? [more inside]
What do you feel is the biggest case, or group of cases, concerning online censorship and a breach of first ammendment rights to happen in the past five years? [more inside]
I just wanted to check this. Didn't Bush pocket veto the "interrogation bill?" And if he didn't, why didn't that happen? (more inside) [more inside]
Is there a constitutional provision in the United States that all statutory laws must be written and/or available to the public for review? [more inside]
Political Activism Question: I want to oppose the marriage amendment. [more inside]
What is the reasoning that says Article II of the U.S. Constitution gives the President blanket powers in matters of "national security"? [more inside]
Is the United States "at war" or not? If Congress only authorized the use of force against Iraq, and did not formally declare war, what is our status under the Constitution? What about Afganistan?
Is it true that the original US Constitution is written on hemp paper? Cite? [more inside]
Where can I get a really good downloadable PDF or Word copy of the Constitution with Amendments? So far I have only found crappy or incomplete copies. [more inside]
How many attempts have there been to pass a constitutional amendment that limits marriage to a relationship between a man and a woman? [more inside]
2nd amendment filter: Did "regulated" mean something completely different at the time? [more inside]
Besides Japan and Iraq, what other countries have constitutions that were drafted either by or under the direction or assistance of the U.S. (or allied occupation made up of at least the U.S.)? [more inside]
Being a non-US citizen that has family living in the continental US I have noticed that border traversal has been getting exceedingly difficult and more intrusive. However, the US-VISIT program seems to take it a little far (IMO). [more inside]
I have about 100 copies of a wonderful little "keepsake" booklet that contains 100% of the unabridged US Constitution text and nothing else. I want to give them away (and not to any schools) and am trying to think of a fun way to do it. [more inside]
What should a healthy and fit human body be able to do? [+] [more inside]
What's so great about the U.S. constitution? From a political science perspective, a legal perspective, a historical perspective? Non-USians without a written constitution especially invited to reply.
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