Questions tagged [fourteenth-amendment]
The Fourteenth Amendment to the U.S. Constitution deals with due process and equal protection and limits the actions of state and local officials.
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Wouldn't gay marriage bans violate the 14th amendment?
So I came across this guy saying:
Indeed. Obergefell was particularly egregious as it had the effect of disenfranchising several states. If memory serves, several states had just voted to reaffirm a ...
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Can the insurrection clause be applied without a conviction by jury? [duplicate]
Folks are trying to keep Trump off the ballot because "he engaged in insurrection." Now, let's NOT argue about whether he did or didn't. What I'm interested in is judges saying he did AND ...
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Has the constitutionality of day-fines been challenged in the US?
Day-fines are a type of fine, common in many European countries, in which the amount of the fine is based on both the severity of the offense and the income of the offender; thus, an investment banker ...
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Case Where Court Found Exception to Judicial Absolute Immunity Preferably From USDC for the Southern District TX Houston Division
Is there a case where any court found that a judge's actions amounted to an exception to judicial absolute immunity?
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In Section 3 of the 14th Amendment, what does "enemies thereof" refer to?
In Section 3 of the 14th Amendment, it seems to me that "enemies thereof" would be the standard "enemies of the United States", but much of the "aid or comfort" ...
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Suing over 14th Amendment [closed]
Is it possible for a registered voter, on behalf of the Voters of the United States, to sue Trump for violation of the 14th Amendment?
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Equal Protection and Samoan Credit Law
In American Samoa, a person of Samoan descent and a person of other descent are treated differently under bankruptcy law. Per A.S.C.A. § 43.1528(a):
No real property of a Samoan may be subject to ...
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Comparison of Biden and Evanston Race-Conscious Policies
In 2021, the Biden administration created a loan forgiveness program that excluded white farmers, on the argument that Black people had suffered historical damages. It was ruled unconstitutional and a ...
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Legality of Housing Reparations
Evanston, IL is offering $25,000 grants for housing costs to black residents who owned homes before 1969, but denies assistance to Asian, Hispanic, or white residents.
My impression is that the Civil ...
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Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?
In Justice Roberts's ruling in Students for Fair Admissions v.
Harvard College overturning affirmative action in the United States, he holds that "Harvard’s and UNC’s admissions programs violate ...
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How is the 14th amendment relevant to the debt ceiling?
My understanding is:
The 14th amendment says that any debt the United States has taken on must be honored.
Previous legislation by Congress prohibits the government from borrowing more than a ...
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Do atheistic men have the right to cover their heads (though not faces) with hijabs in mugshots in New York city?
In 2020, the NYPD reached a settlement with three Muslim women who were forced to remove their hijabs (which obscured their heads, but not their faces) for the purpose of having their mugshots taken (...
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States' rights and the 14th amendment [closed]
The 14th amendment guarantees equal protection under the law for all citizens of the US. It's my understanding that this means from the Federal Government, and doesn't exactly apply when it's a "...
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Could a state legalize murder?
Could a state decriminalize killing other people in all cases? (Obviously they wouldn't and shouldn't, but could they legally/constitutionally?)
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Would incorporation of a right through the Privileges or Immunities Clause apply to non citizens?
Justice Thomas in his concurring opinion in McDonald v. City of Chicago suggested incorporation of the Second Amendment should be through the Privileges or Immunities Clause of the Fourteenth ...
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