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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Scrapping of article 370 from Indian Constitution

The government of India scrapped off article 370 making Jammu and Kashmir an Union Territory. Is it possible on the part of the government to convert any Indian state to a Union Territory?
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Who cannot be the Prime Minister of the UK?

Other than the ability to survive votes of confidence, are there any rules on who may or may not be Prime Minister of the UK? E.g. could the monarch be the PM? Could a non-UK-national? Could a minor?
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Are there any major differences between the powers of an acting president and the actual president?

Background Sections 3 and 4 of the 25th amendment talks about the role of Acting President. Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker ...
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How were unconstitutional laws invalidated before Marbury v Madison?

Background In the United States, one of the lasting conclusions of Marbury V. Madison was the establishment of judicial review, that is, the ability of the courts to strike down a law as ...
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Has there ever been a notable proposal to amend Article V of the U.S. Constitution?

Background In the U.S. Constitution, the process by which the Constitution can be amended is laid out in Article V: Article V The Congress, whenever two thirds of both houses shall deem it ...
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Why did issues about rural district representation not concern framers of the 17th amendment?

Background In the United States, the 17th amendment changed the election of senators from state legislatures to the popular vote: Amendment XVII The Senate of the United States shall be ...
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Pakistan Occupied Kashmir

After India abrogated the Article 370 and accessed Kashmir to the Indian union, there has been huge opposition from the Pakistani administration. What I want to know is whether Pakistan Occupied ...
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The NRA is a major known U.S. lobbying group claiming to protect the second amendment. Do equivalent groups exist for other amendments?

Background In the United States, the NRA's first point in its mission statement talks about its insistence on the defense of the second amendment of the United States Constitution: To protect and ...
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Amending the constitution to allow for multiple presidents

If someone proposed a change to the current system of the president of the United States, like electing three presidents and needing two to sign off on each bill, for example, would this be possible? ...
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Why are machine guns not subject to Second Amendment protections? [duplicate]

There is an argument that any control of weapons in private hands is forbidden by the Second Amendment. However there are several gun control laws that are seemingly unchallenged. Getting a tank with ...
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Why is the US constitution so set in stone and immobile, leading to inevitable anachronisms with the modern world? [closed]

As far as I know, the US is the only country in the world that has surrounded their constitution with a "don't touch, just reinterpret" veil of protection. I live in a country where changing the ...
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Converting a State to Union Territory

Recently Indian ruling government declared a state Jammu and Kashmir as Union territory by splitting the state into two parts. Why was this done, what are reasons for doing this. Background: This ...
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Is Article 370 of the Indian constitution regarding Jammu and Kashmir a temporary provision? Can it be removed?

Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir. Mr. Amit Shah, the BJP President, said recently that this provision is temporary, ...
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What will happen to MLAs who were missing for the Karnataka CM HD floor test?

On the floor test day BJP garnered 105 votes of the required 103 since only 205 MLAs (Members of the Legislative Assembly), out of the full capacity of 222 MLAs, were present on the floor. What will ...
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Would it take any sort of amendment to make DC a state?

To achieve statehood for DC, would an amendment to the Constitution need to be passed, or would it just work like a regular territory, i.e. only needing Congress to pass a law?
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Did any of the founding fathers anticipate Lysander Spooner's criticism of the constitution?

In his 1870 work "No Treason" - Lysander Spooner writes: “But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we ...
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What would happen if the Corwin Amendment was ratified today?

Hypothetically let's say 3/4 of the U.S. states ratified the Corwin Amendment, which was designed to protect the institution of slavery from being banned by the federal government: No amendment ...
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Would switching to a proportionate House require a constitutional amendment?

A hopefully not-too-long not-too-short background The bicameral legislature of the USA occurred as an early compromise among its founding fathers, between those who believed in individual ownership ...
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What election rules and voting rights are guaranteed by the US Constitution?

Following the recent US Supreme Court decision that gerrymandering for political purposes is not prohibited by the US Constitution, I realized that it can be hard to understand what rules related to ...
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Does the UK have a written constitution?

Does the UK have a written constitution? I didn’t think it did, but then I found the following: United Kingdom's Constitution of 1215 with Amendments through 2013 [PDF]
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Could the U.S. Congress abolish itself?

Hypothetically, could the U.S. Congress abolish itself and transfer all power to the President? I'm thinking of a scenario where Congress amends the Constitution and gives all power the President, ...
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Can the President of the United States actively invest in the stock market?

Can the President of the United States actively invest in the stock market? While I have heard of people often divesting in order to show that they wont profit from the fact they have insider ...
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Why is “Congress shall have power to enforce this article by appropriate legislation” necessary?

In the US constitutional amendments, it is frequently stated that Congress shall have power to enforce this article by appropriate legislation. Why are these clauses necessary? Are there, for ...
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Are there countries where impeachment of a president without cause is authorized?

Background Presidential v. Parliamentary Systems of Government In parliamentary systems of government, the head of government can be removed any time that the prime minister or premier loses the ...
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Can the US president change TIME to avoid leaving the office? [closed]

The 20th Amendment (article 1) of the US Constitution states that The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and ...
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Jurisdiction stripping

According to the Wikipedia article "Jurisdiction stripping": Congress may effectively eliminate any judicial review of certain federal legislative or executive actions and of certain state actions,...
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Do any countries use a codified version of the “matter of confidence” of (former) UK tradition?

By tradition that appears to be in question now there used to be case in the UK that governments could designate a particular vote as being a ‘matter of confidence’ – which means they would ...
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What were the legal consequences of the 2010 power struggle surrounding article 114 of the Romanian constitution?

Apparently there was a big power struggle in Romania in 2010 involving article 114 of their constitution, which allows the government to "engage responsibility" for a law, thus pass it without an ...
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Which countries have largely copied article 49 para 3 of the French constitution?

Roughly speaking, article 49.3 of the French constitution allows the government to pass a law without an explicit vote in the legislative assembly by "committing government's responsibility". The ...
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What medium is the current U. S. constitution on?

If there is a more appropriate site for this question, feel free to migrate it. When the first edition of the constitution was ratified, I imagine they must have used parchment. When they made ...
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Thai elections and voters of 'unsound mind or of mental infirmity'

According to Wikipedia's page on elections in Thailand, under the 2007 constitution (not the current one) certain people are ineligible to vote (emphasis is mine): Those barred from voting in House ...
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How many times was Standing Order 14 amended?

Standing Order 14(1) is at the center of the latest UK constitutional revolution/innovation (label depends whom you ask), which suspended for one day (today) its first (and perhaps most important) ...
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Can the Supreme Court overturn an impeachment?

Article 2, Section 4 of the US Constitution states: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, ...
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Is there any mechanism to remove a UK Prime Minister on the grounds of 'insanity'?

Prime Minister Theresa May has been under considerable pressure over her handling of Brexit. It's quite feasible that this type of pressure would have an impact on her mental health. Moreover within ...
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Doesn't the system of the Supreme Court oppose justice?

I'm new to US politics and the Judicial Branch in the US. First to clarify: I know that members of the supreme court get chosen by the president and therefore often share the same political views. I'm ...
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Constitutionally, how is the Thai Prime Minister chosen?

How is the Thai PM chosen in the next (March 2019) election? What is the procedure laid out in the Constitution? Wikipedia provides some information, however, it's not entirely clear to me how that ...
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Was the Corwin Amendment's use of the term “domestic institutions” intended to apply to more than just slavery?

The Corwin Amendment was a proposed amendment to the US Constitution introduced in March 2, 1861 as an attempt to end the Civil War. The text is as follows: No amendment shall be made to the ...
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What is the likely next step if three states ratify the Equal Rights Amendment after the deadline?

The Equal Rights Amendment was a proposed amendment to the US Constitution with a 1979 deadline, which Congress later extended to 1982. The amendment failed due to being 3 states short of the required ...
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If the 25th amendment gets revoked?

What would happen if the 25th gets revoked and say Trump does get impeached or falls ill and can not be president. Would we then vote for president for the years the active president would have had ...
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Can the US states veto Congress legislation?

As said in the title: Can the US states veto laws approved by the Congress? For instance, the Federal Aid Highway Act of 1956 while it gave 90% of the funding from a Highway Trust Fund, however, ...
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Arrest a Chief Justice of the U.S. Supreme Court? [closed]

Does a President have the delegated constitutional power to arrest a chief justice of the USA? President Abraham Lincoln did, but was persuaded not to issue his warrant by his cabinet members... Was ...
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How do “originalist” interpreters of the constitution cope with the 2nd amendment?

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. As far as I can see, from both the ...
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If a US Supreme Court Justice is physically unable to work, are any mechanisms in place to choose their successor?

There have been a few justices in the past that have "gone off their rockers" in the last few years of their careers, but from what I understand, unless they retire, they couldn't be replaced. But ...
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President as Commander-in-Chief vs Speaker of the House [closed]

Can the President as Commander-in-Chief curtail or direct the activities of the Speaker of the House? Also, can he presume in his mind that he knows what activities the Speaker is about to carry out ...
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Does a President have to be sworn in by a SCOTUS justice, if not then who has that authority?

I'm aware that by tradition a President is sworn in by a SCOTUS justice, but I'm wondering if this is necessary? My context is the show Designated Survivor. Absent SCOTUS, what if any provision is ...
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Regarding the Economically Weaker Section ( EWS ) 10% quota approved by the Indian Parliament

I am reading an article in a leading newspaper of India, in which the author says: As per the India Human Development Index ( IHDS ), the annual household incomes of 98% of households are less than ...
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Why is Economically Weaker Section not considered backward under Art 15 and Art 16 by Supreme Court?

I was watching a YouTube video explaining the need for 10% reservation for the Economically Weaker Section (EWS). In this video, the speaker explains that the Supreme Court of India doesn’t count ...
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What exactly constitutes a “religious test” as defined in the US Constitution?

Article 6 of the US Constitution states that no "religious test" can be required for any office or public trust. The Senators and Representatives before mentioned, and the Members of the several ...
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Why do bills with a veto-proof majority in Congress go to the President?

If a bill receives a veto-proof vote in Congress, why does it go to the President to sign or veto, only to go back to Congress in the case of a veto, instead of immediately becoming law? The ...
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What is importance of the Origination Clause?

The Origination Clause states that all bills for raising revenue must start in the House of Representatives, but the Senate may propose or concur with amendments as in the case of other bills. My ...