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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1answer
242 views

Is “Nation-State of the Jewish People” exclusionary on race or religion?

Israel has its constitution set out in its "Basic Laws". It would seem to me that Basic Law: Israel as the Nation-State of the Jewish People which states, "Israel as the Nation-State ...
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Is Biden's assumption that the Capital Gains Tax increased on April 28, 2021 an ex post facto law?

The Wall Street Journal recently reported that Biden's budget appears to assume that the capital gains tax increased on April 28, 2021. The article states that whether this is true depends on whether ...
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1answer
199 views

Is this a theoretical 23rd Amendment workaround?

The 23rd Amendment says (paraphrasing) that the District of Columbia has three electoral votes (exact wording will be at the end). Even if the rest of DC were granted statehood, the federal district ...
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3answers
225 views

Does Governor Ron DeSantis have to the power to stop Trump's extradition?

Former president Donald Trump is facing a criminal probe by the Manhattan District Attorney, and is also the subject of investigations by the Southern District of New York. I read somewhere that if ...
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1answer
199 views

Doesn't DC home rule violate the nondelegation doctrine?

If "All legislative Powers herein granted shall be vested in a Congress...", with courts interpreting this as Congress not being allowed to delegate its lawmaking powers to anyone else; And,...
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1answer
274 views

If a state's population falls below 30,000, how would they be represented in the House?

The Constitution has this clause in it: The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; If the population of a ...
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2answers
123 views

How can a government be legitimate? [closed]

In Myanmar, there are now two governments: (1) military government and (2) community representing government called (National Unity Government - NUG) formed from Charter by Community Representing ...
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1answer
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How many constitutions refer to the Declaration of the Rights of Man?

I'm curious how many countries cite the document in their own constitution, as I'm aware that some do (Senegal, for example). Declaration of the Rights of Man and of the Citizen
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1answer
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What would it take for the District of Columbia to be made a state?

It seems the Biden administration supports the recognition of the District of Columbia as another US state. This raises the question of what will it take for this to happen? Obviously, such a state ...
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1answer
107 views

How is rational basis test applicable in this situation? [closed]

How might Justice Joseph Bradley’s argument that a law barring women from practicing law could be upheld because of women’s “timidity and delicacy” be regarded as an application of the rational basis ...
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2answers
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What are the limitations on the structure of a US state government?

Upon a quick scan of the U.S. Constitution, the only direct reference I find as to how state governments are to be structured is in article IV, section 4: "The United States shall guarantee to ...
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6answers
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Are there examples in the world in some countries, of non supreme court members of the governments having legitimacy to interpret the constitution?

I've heard some armies make oaths to defend the constitution. Also I've heard about sheriffs publicly refusing to enforce a law on constitutional grounds. I'm not sure if they have the legitimacy to ...
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If two U.S. Constitutional amendments conflict with each other, does the most recent one take precedence?

If one amendment doesn’t explicitly repeal another one, does it still take precedence over it the way a new law can indirectly override older laws?
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What is the distinction between constitutional power and statutory power?

I know it sounds easy on the surface. Constitutional powers are conferred through constitutional text, whereas statutory powers are conferred through legislation. But consider the following scenario (...
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1answer
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Is the United States Constitution owned by the people or by the government? [closed]

For example, if a US citizen used part of the Constitution in an essay would that person not need to cite it?
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1answer
830 views

Constitutionally, what would happen if the Icelandic President is convicted of a criminal offense?

Under the Icelandic constitution, the President enjoys immunity from criminal prosecutions as long as the Parliament permits it. Constitution of Iceland, Article 11, Paragraph 2 The President may not ...
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How can a state be removed from the United States without a Constitutional amendment? [closed]

Can a state be removed from the United States without an amendment or would they have to choose to leave?
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1answer
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How far does Congressional judicial stripping extend?

Under Article III Section 2 Clause 2, Congress has the power to limit the Supreme Courts power: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State ...
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What does 'equivalency of the four countries' mean in the context of the Charter for the Kingdom of the Netherlands?

The Charter for the Kingdom of the Netherlands uses the word gelijkwaardigheid (equivalency) as opposed to gelijkheid (equality) between the four countries (the Netherlands, Aruba, Curaçao and Sint ...
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1answer
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Changing the local time of Washington, D.C

Who has the power to change the local date/time of Washington D.C., and what is the extent of this power? Could this power be abused to extend/reduce the terms of elected officials? Certainly the ...
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1answer
348 views

Has there ever been a true constitutional crisis in the United States?

There have been crisis such as the 1876 tied election, but they still could be solved because Congress has the power to certify the electoral college votes and reject them. Has there been any ...
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1answer
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Hypothetical: Law passes House and Senate with VP tie-breaker. Then president dies before signing

The circumstances of "The American Rescue Plan" made me think of this. Suppose a bill passes both the House and the Senate, but with a 50-50 tie in the Senate such that the vice president ...
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2answers
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Can the Supreme Court strike down parts of laws or can they only strike down entire laws even if only some parts of them are unconstitutional?

Basically a line item veto, but for declaring laws unconstitutional.
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1answer
153 views

What did the Framers of the Constitution have to say about court packing?

Trump has repeatedly said that Biden wants to pack the courts, this likely wouldn’t work because of the Senate filibuster. Although hard, if one party were able to obtain 60 seats in the Senate, ...
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What would the repercussions be for individual Lawmakers if they had actually been communicating with the 'mob' outside the capitol on January 6?

If on January 6, 2021 Senators or Congress people from within the Capitol building had been communicating with the mob outside, what could be the consequences for these actions? To make matters even ...
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1answer
120 views

What does taking the oath of office of the president of the United States do?

The Constitution specifies the following: Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully ...
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Why didn't Nazis have their own constitution?

Nazis didn't write a constitution and adopted The Weimar Constitution that was in force since 1919. The Enabling Act of 1933 was the only implemented reform to this constitution. Given that Nazis were ...
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How long do states have to vote on Constitutional amendments passed by congress? Are there any in limbo?

I am curious to know if states have a specific timeline for voting to ratify a Constitutional amendment and if there are any that have been passed by congress but not enough states have voted to allow ...
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Why is the Constitutionality of an Impeachment and Trial when out of office not settled?

The US Senate has voted 3 times, once in 1876 and twice in 2021, that impeachment and trial of an official who has left office is acceptable. Despite this, Mitch McConnell voted to acquit Trump in ...
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1answer
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How does Ireland maintain constitutional stability when it is relatively easy to amend the Constitution? [closed]

It is relatively easier to amend the Constitution in Ireland than in other countries. To change the Irish Constitution, the amendment must: Be approved by both the lower and upper house of Parliament ...
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Limitations on the Senate changing the SCOTUS size [duplicate]

I've read up on the process it takes to expand the Supreme Court, and I was wondering if there are any guard rails to stop this process from going insane. If the Democratic Senate expands the court to ...
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5answers
473 views

Does anything prevent US state legislatures from directly selecting electors overriding the popular vote in their state?

Article II, Section 1, Clause 2 of the Constitution states "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors". This seems to be a non-...
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1answer
185 views

Why doesn't the President Pro Tempore preside over presidential impeachment trials?

The Constitution specifies that the Chief Justice of the Supreme Court presides over impeachment trials of the President. SCOTUSblog says that the reason for this exception is In any impeachment case ...
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1answer
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Why does H.R.335 not mention the nominee's name?

To my understanding, H.R.335 which became Public Law No: 117-1. was a bill before the United States House of Representatives which would provide an exception to 10 U.S. Code § 113 (a) in order to ...
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1answer
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Can the Chinese president be impeached?

According to this article: China has approved the removal of the two-term limit on the presidency, effectively allowing Xi Jinping to remain in power for life. I'd like to know if there is a ...
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US secrecy determination as per Article I, Section 5, Clause 3

Question: What does it take exactly to determine a judgement of proceedings and votes by either house to require secrecy? Why, context, etc. As per Article I, Section 5, Clause 3 does this mean only ...
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Who enforces the insurrection rules in the 14th Amendment, section 3?

The 14th amendment says: No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or ...
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1answer
302 views

Was there a limit on the number of times a person could have been elected the president of the United States before 1951?

According to the twenty-second amendment to the United States Constitution: No person shall be elected to the office of the President more than twice. This amendment was ratified in 1951, and ...
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1answer
908 views

Why does the 2021 resolution to abolish the electoral college explicitly allow voting for a candidate of one's own state?

A January 11, 2021 Congressional resolution proposes to amend the U.S. Constitution to abolish the electoral college. The resolution contains a clause explicitly allowing voting for candidates who ...
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1answer
205 views

Does the Senate need supermajority or just a regular majority to prevent a convicted President from running for office again? [duplicate]

The Constitution allows the Senate to punish an impeached President with prevention from holding an important office in the future, do they need 2/3rds of the Senate to do this or 2/3rds for a ...
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1answer
194 views

What gives the Supreme Court the authority to restrict free speech? [closed]

I am confused as to how they can prevent certain kinds of speech from being used. Doesn't the Constitution say it can't be limited?
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Can the US president be thrown out of office via a Constitutional convention?

Say a very corrupt president were able to use threats to make Congress do as they said and committed many impeachable offenses, but Congress wouldn’t get rid of them, could 3/4ths of the state ...
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1answer
110 views

What checks and balances are there to stop the Supreme Court from grossly misinterpreting the constitution?

If the Supreme Court were to rule that they have the power to impeach and convict the president because they are supposed to make sure the constitution is not violated or ruling that the first ...
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1answer
174 views

What did the framers have to say about the idea of a self pardon?

Did they not explicitly state in the Constitution that it isn’t allowed because they thought it was ok or because the idea of that happening was too ridiculous to warrant their attention?
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Does the Speech and Debate clause protect members of Congress from prosecution for violent threats made during congressional debates?

The first amendment has been interpreted to have exceptions that don’t protect violent speech, but what about this clause, could Congress members get away with saying literally anything during debates ...
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Invoking the 25th Amendment [closed]

It seems there is a call to invoke the 25th amendment and remove President Trump from office. I want to know why there would be any political advantage to this - why would they not let Trump leave ...
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2answers
467 views

If the Electoral Count Act is repealed, would Pence have the power to throw out states' results? [duplicate]

I have just found that another lawsuit have been filed in Texas, aimed at overturning the presidential election result and seeking for the courts to invalidate the Electoral Count Act as ...
3
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1answer
306 views

What is the constitutional basis of the Senate majority leader's power to call issues to a vote?

Framers of the Constitution, such as Alexander Hamilton and James Madison, spoke out against the concept of parties, and the Constitution does not mention them. See for example https://www.history....
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Why do Cabinet members need to be confirmed ? (except for the line of succession)

Two current members of the Cabinet are currently unconfirmed, one being SecDef and the other being vacant for more than a year now, and it doesn't seem to cause any problems. Why would a president ...
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Can there be an administrative organization inside the US, above the state level? [closed]

According to the question about chairman West's phrase: Perhaps law-abiding states should bond together and form a Union of states that will abide by the constitution Is it constitutionally possible ...

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