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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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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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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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
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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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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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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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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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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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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
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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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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 ...
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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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The Texas lawsuit and contingent election

With filing the Texas lawsuit it becomes increasingly clear that the whole post-election strategy of Trump was to shift the presidential election to the House of Representatives with the help of the ...
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Can a US president give preemptive pardons?

The Trump administration discusses the possibility of pardoning Donald Trump, his family, and loyal members of the administration for crimes that they have not been charged for. Can the president ...
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Does the Constitution/Bill of Rights allow for temporary restrictions in case of emergencies?

https://www.reuters.com/article/us-health-coronavirus-usa-court/u-s-supreme-court-backs-religious-groups-over-new-york-virus-curbs-idUSKBN2860CK NY State sought to limit in person worship to 25 in ...
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Who will be Georgia's senators from January 3rd 2021 until the results of the January 5th runoff elections are known?

The 20th amendment to the constitution of the USA states The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at ...
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How may Myanmar modify the constitution and keep off the military from politics?

In January 2019, the National League for Democracy pushed for constitutional reform, but was unsuccessful because any changes required 75% approval in the legislature, and 25% of seats are reserved ...
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Can US legitimately stop being a democracy if president will not concede? [closed]

After watching this video https://www.youtube.com/watch?v=WZWRhLW7Y8w, I was surprised that US Constitution effectively does not protect country from stop being democratic. Will actions described in ...
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What's the difference between state legislator and congress member?

I was reading this article. As a non-US citizen, I wonder what does State Legislators mean. I know that US political system is bicameral: senate and congress. This extends from the federal level to ...
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In case of an electoral college tie, can a regular House vote prevent the “en bloc” House vote from happening?

Should neither candidate for president get to 270 votes in the electoral college, the twelfth amendment to the constitution specifies that the House of Representatives "shall choose immediately&...
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1answer
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What is going on with the constitutional court in Ukraine?

Recently, Ukrainian President Volodymyr Zelensky submitted a bill to the Verkhovna Rada (Supreme Council of Ukraine) proposing to terminate the powers of all Constitutional Court judges. It's a bit of ...
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Which parts of Chilean constitution need to be changed?

Yesterday (25th of October 2020) Chile voted overwhelmingly "Yes" in a referendum to change the constitution. I guess that's a good thing since the previous constitution was drafted by ...
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How does Estonia calculate the date of their parliamentary election?

The Estonian Constitution has a narrowly defined date for its parliamentary election. Constitution of Estonia: Regular elections to the Riigikogu shall be held on the first Sunday in March of the ...
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When would new states get representation?

After the 2020 US election, suppose that the Democrats end up controlling both houses of congress and the white house, and that their first action is to give statehood to DC and/or Puerto Rico. When ...
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Why did the US Presidential job become partisan?

The US constitution intended the president to be non-partisan. Why did the founders not write some controls and checks to prevent the president from being in a league with a political party?
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What additional measures, within presidential authority, do people say the president should take against Covid-19?

It seems Donald Trump is under heavy scrutiny from a lot of the media and his political opponents for failing to appropriately respond to Covid-19. My question is: what more could he have done that ...
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What does it mean when a Constitution says the “Government” or the “Cabinet” has the power to dissolve the Parliament?

In some countries (e.g. Sweden), the power to dissolve the Parliament is explicitly vested in the Government (or "Cabinet" in other countries). In reality, how does a Cabinet actually order ...
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What is the political reason for the U.S. House to adopt a resolution that essentially reaffirms the Constitution?

Recently, the U.S. House of Representatives adopted a resolution, H.Res.1155, committing to the peaceful transfer of power after the election. The Resolution text is fairly short: Resolved, That the ...
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Investigative power government to media & private investigative agencies

A particular state in India faces public opinion of alleged corruption in working together with Police in commission of crime in film industry and widespread indifference to illegal drug trafficking. ...
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Why are American Juvenile Curfew Laws not Unconstitutional?

Many jurisdictions in the United States have curfew laws, which prohibit youth of a certain age (usually under 18) from being in public or in a business establishment during certain hours. Given the ...
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Could a preemptive pardon protect someone being pardoned from state prosecution? [duplicate]

I saw a video from David Pakman where he goes on an opinionated discussion about whether Trump could have Pence give him a preemptive pardon. Here is what he says: presidential pardons only protect ...
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Does the Constitution allow a woman to be President of the United States?

The Constitution of the United States of America frequently refers to the President using male pronouns. For instance: He shall hold his Office Not once is the president referred to with a female ...
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1answer
226 views

How could a constitutional amendment be passed granting Guam one electoral vote?

I was thinking about Guam. What would happen if Guam were not made into a state but given one vote in the Electoral College? A purpose of this is to give Guam a say in the political process nationally....
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What does 'such other body as Congress may by law provide' in the 25th amendment actually mean?

Regardless of who wins the 2020 presidential election, the US will officially have the oldest person to ever begin a term as president. While advanced age does not mean an individual is unfit to ...
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Does the President have the legal authority to provide Coronavirus relief by an Executive Order?

After negotiations between Democrats and Republicans broke down, President Trump signed an executive order that provides $400 in weekly unemployment aid and defers payroll tax for those earning under $...
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Is a presidential candidate required to pick a running mate?

If the Vice President dies or leaves office early, the President is not required to pick a new VP, making the Vice Presidency vacant. Does this mean that a presidential candidate does not have to ...
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1answer
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Who has the power to surrender in a war in the US?

Congress has the power to declare war and the president signs the declaration (or vetos) as well. Who has the power to surrender in a war? Would congress have to vote to surrender?
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What would happen if the SCOTUS were themselves to be part of a lawsuit?

Let us say that in the future the very institution of the SCOTUS is involved as a plaintiff or defendant in a case (maybe a land dispute on which the court stands or for whatever reason the SCOTUS and ...

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