Questions tagged [constitution]

A constitution is a framework for government, and serves as a set of founding principles for the entity.

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4answers
369 views

Will the creation of a Washington DC state be unconstitutional?

If the House of Representatives and the US Senate ever pass a bill duly signed by the President creating a new state out of Washington DC can it be held as unconstitutional as it is required by the US ...
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1answer
189 views

Has the House Judiciary Committee abused congressional oversight “authority”?

Though the U.S. Constitution makes no mention of congressional oversight, there is a strong argument that getting information is a necessary part of writing effective legislation. However, in watching ...
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If the US Senate votes to not pass a bill, can the House of Representatives overrule that vote?

Background: During a conversation about politics, I mentioned that one party in the US might try to amend the Constitution so that, should a bill pass the House of Representatives but be voted down in ...
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1answer
121 views

Why do the family members of the President involve in politics [closed]

The President is elected not his family then why the family members of the president take part in politics and take part and make speeches in not all but many political meetings.I'm not talking ...
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Is the federal government of the United States meant to primarily represent the States or the people?

It is an important distinction insofar as sometimes the common interests of the States differ from that of the people. Clearly some elements such as the Senate and Judiciary are meant to represent the ...
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2answers
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How can the federal government “own” states? [closed]

Nevada's borders look like this: However, most of this "state" map is actually property belonging to the federal government. How does this ownership work? Namely: Does the federal ...
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8answers
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Is the National Popular Vote Interstate Compact constitutional?

I read recently that Colorado will have a version of the National Popular Vote Interstate Compact on their ballot in November. Considering that this bill functionally eliminates the Electoral College, ...
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3answers
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What does the Tenth Amendment actually do?

The Tenth Amendment to the US Constitution says: 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 ...
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5answers
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What protections does the 1st Amendment offer US citizens in terms of local and state law?

With the George Floyd protests going on I keep seeing news about curfews as early as 6pm, police driving by peaceful gatherings and firing chalk rounds or arresting people for illegal gatherings, I ...
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1answer
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What is the constitutional logic for a republic to have a sovereign immunity law?

Looking at this list, it seems like most sovereign immunity laws exist in countries with monarchies, which makes sense both historically (an artifact of the principle of rex non potest peccare); and ...
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Can individual US states exchange territory without the approval of the US Congress? [duplicate]

The Admission Clause of the US Constitution reads as follows: New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of ...
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1answer
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Is it constitutional for a US government agency to enforce consumer product quality?

It surprises me that in China every product shows what quality standard it follows (e.g. YY0469 for surgical masks and GB2717 for soy sauce). Apparently all products for domestic sales are required to ...
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1answer
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Having problem in grasping a feature of Directive Principle of State Policy

I am reading 'Indian Polity' by M Laxmikanth, chapter on 'Directive Principles of State Policy'. Please explain the following Stanza with help of an example "The Supreme court has ruled many a times ...
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1answer
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Why does WHO have a constitution?

So, while doing some research on on the World Health Organization (WHO), I noticed it had a constitution. I found this weird, because I always had associated the word "Constitution" with countries, ...
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1answer
791 views

Which powers allow the President to adjourn Congress and unilaterally approve nominees to federal positions?

This article describes Trump's Covid-19 press conference on April 15th, in which he stated that: "I have a very strong power. I'd rather not use that power, but we have way over a hundred people ...
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0answers
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Griswold v. Connecticut and the selling of contraceptives

During his confirmation hearing (video, at minute 10:20), Robert Bork talked about a case called Griswold, which eventually ended up in the Supreme Court. The Connectcut law apparently "prohibited ...
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2answers
219 views

If all but one Congressman are killed, does a new Congress have be chosen? [duplicate]

If (as in the show “Designated Survivor,”) all Congressman but one are killed, would it be possible (in the US Constitution) for actions of Congress to be taken by the sole remaining Congressman? ...
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1answer
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Can President Trump ban all remaining presidential primary elections in an effort to contain the Coronavirus outbreak? [duplicate]

I am wondering if President Trump has the constitutional authority to ban all remaining presidential primary elections in all the states in an effort to contain the Coronavirus outbreak?
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What happens to the chosen Vice President if a party's Presidential candidate for POTUS were to die before Election Day? [duplicate]

I would like to know if the person chosen to be Vice President automatically becomes the party's Presidential candidate for POTUS if the party's Presidential candidate were to die before Election Day. ...
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1answer
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Is it a concern to the US, that leading their leader in handcuffs out of the White House would look weak to other countries? [closed]

I am wondering how for example something like the "Nixonian Deal" (Nixon leaving office "voluntarily" in exchange for being pardoned later) could occur. What kind of leverage does a President have in ...
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1answer
463 views

Is it true that a man in the usa is only given the right to vote if he accepts the draft?

Is it true that men are only given the right to vote if they agree to giving to government the right to conscription. Off course women only need to be 18 and have no further obligations put on them? ...
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Is today’s European Union more or less integrated than the United States under the Articles of Confederation?

As the question title suggests: as far as I know, the Articles of Confederation allows each state to make trade agreements, a right that is not available to today’s EU members. But the United States ...
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1answer
344 views

Could an American presidential election be overturned by state legislatures?

If a political party (Party A) has a nominee that Party B does not like and Party A’s candidate wins by a relatively small electoral margin (318 to 220), can party B appoint sham electors to vote for ...
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2answers
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What does 2/3ds the US Senate mean?

For normal bills to pass the US Senate, all it takes is a simple majority. If the Senate is evenly divided (50/50), the vice president votes as to break the tie with a 51/50 or 50/51. But for ...
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Why should there not be witnesses in the 2020 impeachment trial?

Why are the Democrats fighting for witnesses and why are the Republicans fighting against witnesses? Isn't it standard procedure to have witnesses in a trial? Like my title suggests, I'm wondering ...
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860 views

Why can a Chief Justice break ties in the Senate during an impeachment trial?

I came across a Politico article that suggests that Chief Justice John Roberts can vote to break ties in the US Senate during an impeachment trial. Unless Chief Justice John Roberts shocked ...
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Why are the State legislatures in India ratifying 126th Constitutional Amendment Bill?

According to Article 368 of the Indian Constitution, states in India are required to ratify only those Constitutional Amendment bills which concern with subject-matters listed in sub-clauses (a) to (f)...
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A new proposal suggests subdividing Washington D.C. into 127 new states so that they can change the Constitution at will. Is this possible?

There is a new proposal in the Harvard Law Review titled: "Pack the Union: A Proposal to Admit New States for the Purpose of Amending the Constitution to Ensure Equal Representation". Lamenting the ...
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What is the name of this kind of political regime run by AI? [closed]

What is the name of a political regime where an Artificial Intelligence rules all and make decisions?
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Doesn't the Ninth Amendment Prohibit Any Preference based Law, Ordinance or Policy?

The Ninth Amendment states: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. So how is it lawful that laws or ...
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1answer
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Does the Tenth schedule of the Indian Constitution mean that MPs are not allowed a free vote?

According to Schedule X of the Indian Constitution Members of Parliament can be disqualified under the following condition: (b) if he votes or abstains from voting in such House contrary to any ...
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The authority to convene a new House of Representatives

On the wikipedia page for the Clerk of the US House of Representatives, there is a passage: To preserve the legal continuity of the House, the existence of the House is vested in the Clerk at the ...
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Why can't the public vote to impeach a president?

I am new to American politics, so this question maybe very fundamental. I understand that impeachment is a legislative process akin to criminal indictment, and the House and the Senate compose the ...
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Can the U.S. Senate impose a deadline for the House to transmit articles of impeachment?

A follow-up to this question. Background The House has passed articles of impeachment but at present is refusing to transmit them to the Senate or appoint impeachment managers. The effect of this ...
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Can the U.S. Senate hold an impeachment trial if the House “passes” articles of impeachment but does not “transmit” them to the Senate?

After passing articles of impeachment against the President, Speaker Pelosi has announced she will not immediately send the articles of impeachment to the Senate for a trial. What does this actually ...
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To whom does “Madam Speaker” refer during the Trump impeachment debate?

Trump impeachment vote is underway. Every representative is making their case for or against the articles of impeachment. Every one of them is addressing the "Madam Speaker". But what I see is that ...
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2answers
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Did the founding fathers predict the problem of family presidency?

If the US constitution contained a clause barring family members from taking office, perhaps it would have avoided a problem of corruption, i.e. family run governments. What did the founding fathers ...
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4answers
337 views

What is the Constitutional precedent for military aid?

Is there any Constitutional precedent for the claim that it is or is not within the rights or duties of the office of the President of the United States or of Congress to grant, to deny, or to suspend ...
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Are there examples of democratic states peacefully changing their constitution without abiding by the rules spelled out in the former constitution?

As an example, changing the US Constitution is extremely difficult as it requires the consent of 3/4 of all States according to the text of the existing Constitution. But in practice any law including ...
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High crimes and/or misdemeanors

In the context of impeachment of a president, the US constitution refers to "high crimes and misdemeanors". The context is ... or other high crimes and misdemeanors. Does that mean ... or ...
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2answers
263 views

How many hearings can the House hold before calling for a vote on impeachment?

There were House Intelligence Committee impeachment hearings lead by Adam Schiff, this week there is another set of hearings lead by Jerry Nadler for House judiciary committee. What I want to know is ...
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2answers
193 views

Can the US Congress disqualify a person from holding office without removing them from office?

So, the process of impeachment described in the US Constitution has two punishments: removal from office, and barring that person from holding office in the future. Because the latter punishment does ...
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1answer
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How are the Queen's royal prerogative / reserve powers executed technically?

It is constitutional convention in the United Kingdom that the royal prerogatives are only carried out on the advice of the responsible minister. It is clear that it would be a political and ...
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If Biden weren't a 2020 candidate, would a quid pro quo to investigate corruption be impeachable?

The US government uses quid pro quos (QPQs) regularly to enforce its political will on entities it does business with: hostage negotiating, pushing of ideals, conflict resolution, etc, etc, ad ...
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1answer
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Why can the Legislative Branch delegate its confirmation authority of inferior officers, but not its impeachment authority of said officers?

Background In the United States, all "Inferior officers" must be confirmed by the Senate, unless the confiring authority is delegated as per Article 2 Section 2 Clause 2 of the constitution: and ...
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1answer
589 views

Which were the reasons/need for Israel's “Freedom Of Occupation” Basic Laws?

Israel has some "Basic Laws" that are considered to be a somewhat equivalent to a constitution. In 1994 the Knesset enacted the Freedom of Occupation Basic Law, which states: Every Israel national ...
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488 views

Do parliamentary republics have constitutions?

I was looking at the CIA World Factbook and I came across the government type of a parliamentary republic. This is obviously not the same thing as a constitutional republic. I was wondering about the ...
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285 views

What effect would the Equal Rights Amendment have, if it ever were to be ratified?

As noted in the article "The Equal Rights Amendment May Pass Now. It’s Only Been 96 Years" there is at least a nonzero chance that the ERA could become part of the Constitution. Putting aside the ...
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Do any democratic countries have mechanisms to prevent one party from dominating for an extended period?

Is there any country that has constitutional or national law that prevents any party from holding an absolute majority for too long? Examples of various ways how it can be implemented: If a party ...
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1answer
123 views

How can states sue someone in a lower court?

Article III, section 2, clause 2 of the Constitution says In all Cases...in which a State shall be Party, the supreme Court shall have original Jurisdiction. I would interpret this as meaning that ...

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