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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Constitutionality of house of Congress passing separate bills and then combining them without vote on full bill

On April 20, 2024, the US House of Representatives passed a foreign aid package for Ukraine, Israel, Indo-Pacific, and miscellaneous other matters, which it plans to send to the Senate as one bill. ...
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Would a viable third party candidate legally have a chance in the House of Representatives?

Suppose there was an American third party candidate, who won a quarter of the popular vote, and a single large state or a handful of smaller ones: specifically with enough electoral votes so that ...
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Why President's power to grant pardon to punishment or sentence are dealt separately in drafted language of article 72 of Constitution of India?

Constitution of India Article 72 : [Title: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases] Sub Article (1) : The President shall have the power ...
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Do some countries officially limit the number of parties that can contest elections, to a number >1?

Wikipedia says that: The constitution of Somaliland only allows for the top three political parties to contest elections, to avoid the previous proliferation of clan-based parties in the 1960s. ...
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What's the basis for Niger's military to claim that the 2012 accord with the US was 'in violation of the “constitutional and democratic rules”'?

News is that Niger's military government just denounced the 2012 accord with the US that was the basis of the latter's base and operations in Niger. “The government of Niger, taking into account the ...
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How does Massachusetts ratify proposed amendments to the constitution of the United States?

I've been trying to see the exact mechanisms Massachusetts has used to ratify or attempt to ratify proposed amendments to the U.S. constitution. The closest info I have found to that end pertains ...
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Is it possible to limit future Supreme Court justices to judges seated on the federal appellate bench without a constitutional amendment?

Some judges worried that random appointments could result in lower-quality Supreme Court justices. “(J)ust because someone is on the Court of Appeals does NOT mean they are SCOTUS material,” argued ...
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Is there another way to put an age limit to Congress members without making a constitutional amendment in the U.S.?

Forbes' political staffer Sara Dorn writes, "Instilling age- and term-limits is also a logistically complicated process that would likely require a constitutional amendment, which would need ...
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For countries without written constitutions, what power does the judiciary have to control laws passed by government?

In countries, such as the US, with written constitutions, courts can strike down laws they consider to be unconstitutional. For example, a law that prohibited people saying "hello" would be ...
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If POTUS doesn't name a candidate to fill a SCOTUS vacancy, can the Senate fill the seat?

If the President doesn't name a candidate to fill a Supreme Court vacancy, can the Senate fill the seat, anyway? If Biden were to win re-election, the Republicans take the Senate, and a Supreme Court ...
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Is the House of Representatives not allowed to initiate any bills dealing with foreign policy (outside of commerce and budget matters)?

It's been claimed in an unsourced answer here that It's an "H.R.". Meaning it's a "House Resolution". As such, the bill would not have any power in law. The domain of the foreign ...
the gods from engineering's user avatar
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What do people mean by saying that safe storage laws are unconstitutional?

Safe storage laws are laws that require guns to be stored in safes which cannot be opened immediately. They are there to supposedly reduce suicide and to reduce the chances of your own gun being used ...
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States' check on federal government's power? [closed]

Where in the U.S. Constitution are states given the right to "check" a tyrannical federal government?
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Does the Democratic Progressive Party plan to modify the founding ideology of the Republic of China?

The Democratic Progressive Party of the Republic of China (aka Taiwan) aims at modifying the ROC's constitution. See here, and here. Does this party plan to modify the first article of the ...
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Could the US become a multi-party democracy organically (without a change to the constitution)?

In many northern European countries (Germany, the Netherlands, Denmark) there is a large number of political parties and the government is always made up of a coalition of these because no single ...
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Were only two hours allowed for general discussion in the Congress for the 22nd Amendment (two term restriction)?

I was trying to read the debates in the US about the term restriction for president and found that Congress had a "debate" on that on Feb. 6th, 1947. In the official records a remark by ...
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Are the strikes against Yemen ordered by President Biden unconstitutional?

The U.S. and British forces have launched a massive retaliatory strike against the Iranian-backed Houthis in Yemen (1/12/2024). The military response by the U.S. and U.K. comes after a series of drone ...
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What sources imply that the office of President was deliberately excluded from the 14th amendment?

The Fourteenth Amendment, as passed by Congress and ratified by the states says: No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any ...
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Is the US house anti-zionism resolution unconstitutional?

Reading "House Passes Resolution Declaring Anti-Zionism A Form Of Antisemitism—Some Democrats Are Critical" The House on Tuesday approved a GOP-led resolution that condemns antisemitism and ...
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How did the Colorado Supreme Court justify extending Section 3 of 14th amendment to the presidency? How did the minority opinion argue against this?

The NYTimes' December 19/20, 2023 LIVE: Trump Ballot Ruling; Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules includes the following: The Colorado court’s lengthy ruling ...
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Is the submission of the Ukrainian President needed so that the Verkhovna Rada can dismiss the Minister of Defense?

Why am I asking? The minister of defense of Ukraine was dismissed this year. According to Polish and Austrian media which I consume this was the initiative of President Zelenski. However, I had the ...
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Ohio Constitutional Amendment language

So Last night Ohio voters approved amending the state's constitution. However, there is now a question about the exact wording to be added to that constitution: The petition signed by (approx) 500,...
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What kind of amendment can oblige multiple political parties, and repair the unintended two-party malfunction of the constitution?

The founding fathers did not foresee that the constitution would foster a two-party political system that is radical, inflexible and deadlocked. There is probably little political will to reform it ...
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As of the time of this question, what ongoing efforts exist to ratify the Child Labor Amendment (besides the Nebraska Legislature)?

According to the supreme court case Coleman V. Miller, if congress does not set an end date by which an amendment to the constitution must be ratified, then it remains a indefinitely pending amendment ...
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Aside China, is there another country whose constitution forbids foreign meddling?

China consistently opposes imperialism, hegemonism and colonialism, works to strengthen its solidarity with the people of all other countries, supports oppressed peoples and other developing countries ...
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Disqualification to hold US office for having "given aid or comfort to the enemies" of the United States

Section 3 of the 14th Amendment to the US Constitution reads: No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or ...
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Could the US fed gov reduce a state's minimum wage?

I haven't seen any discussion on this and so I am not clear on whether it can only add restrictions on top of existing state laws instead of removing restrictions.
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24th (Poll tax prohibition) scope?

When it comes to the 24th Amendment there is view academic, judicial, and on,one resources (at least that I can find). The 24th amendment reads: Section 1. The right of citizens of the United States ...
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Has Ramaswamy laid out the constitutional and statutory authority the US president has?

As reported July 20, 2023, Republican presidential candidate Vivek Ramaswamy, at a town hall in Manchester, NH, “Next week, I will lay out the constitutional and statutory authority that the US ...
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Alaska mayor offers homeless free flight to Los Angeles, but is Los Angeles (or any city in California) allowed to reject them?

Source: https://www.adn.com/alaska-news/anchorage/2023/07/24/saying-sullivan-arena-shelter-is-closed-for-good-mayor-weighs-giving-plane-tickets-to-anchorages-homeless-this-winter/ To quote Anchorage ...
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What will happen in case Bill is passed by the Parliament but not sent to President for approval?

Case specific to : India What is the law/rule/protocol/convention in case when a bill is passed from both Houses of Parliament and is about to be sent to the President for his approval but is held ...
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Exploring the causal mechanisms between democratization and economy growth

I have been reading a lot recently on a classic polsci question on the relationship between democratization and economic outcomes(see Boix & Stokes, 2003; Coppedge, in press; Epstein, Bates, ...
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Indian Constitution - What is the purpose of this statement? " 'Union of India' should be distinguished from the expression 'territory of India' "

[Edit: I have found out the answer after reading replies and answers on this thread. Difference is simply that Union of India is Political Entity, whereas Territory of India is Geographical Entity ...
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Who are the so called officers in article 53 of the Indian constitution?

The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution. — ...
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Would it be constitutional in the US to have age limits for SCOTUS justices?

As DeSantis said, in Florida “We have age limits for justices,” DeSantis said. “The minute I got elected to office, three of the four liberal justices were off the court, because of age. So, I was ...
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DeSantis' "US Constitution’s 'leverage points'... to exercise the 'true scope' of presidential power"; something new or based on existing theories?

CNN's May 26 2023 DeSantis is going after Trump like never before includes the following: Now, DeSantis is making the case that he is better suited to deliver on the promises that Trump himself ...
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Does the US Constitution guarantee the "certain unalienable rights" asserted in the Declaration of Independence?

To a helpful comment under Political origin/etymology of the political term "constitutional carry" - by extension can we have "constitutional marijuana"? (rhetorical) ...Can you ...
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Political origin/etymology of the political term "constitutional carry" - by extension can we have "constitutional marijuana"? (rhetorical)

How did I get to this question? Reading Politico's May 19, 2023 DeSantis’ weakness as Trump slayer has GOP rivals smelling blood I saw the quote: And that might not be the end of it. New Hampshire ...
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1 answer
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Is there a right to petition in the Indian constitution?

Right to petition as in sending grievances and complaints to the government or a government body. The only thing I found was article 350 Every person shall be entitled to submit a representation for ...
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18 votes
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What is the theory behind using the 14th Amendment to ignore the debt ceiling?

President Biden raised a few eyebrows in that he's said he isn't ready to invoke the 14th Amendment and ignore the debt ceiling... yet. From Reuters President Joe Biden said on Friday he was not yet ...
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Has the Congress of the US ever passed an "Amnesty law" and are such laws constitutional?

Amnesty laws are laws that reduce the penalty of or allow the release of prisoners convicted of various offences i.e someone is convicted of an offence with a mandatory minimum imprisonment without ...
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6 answers
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Is there such a thing as "right to be heard" by the authorities?

Does an individual have a right to be heard by state authorities of their grievances? Would such a right be possible to deduce from freedom of expression as defined in the American, Australian and ...
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What is the meaning of “qualified connection” in Federalist No. 51 by James Madison?

In the sixth paragraph of Federalist No.51, James Madison wrote, But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority ...
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Constitutional amendments of India

Despite Article 4 stating that a constitutional amendment is not necessary for Articles 2 and 3, why was the 7th constitutional amendment passed for state reorganization?
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What led to the broadening of the scope of Article 21 of the Indian constitution to mean "due process" instead of "procedure established by law"?

The drafting history of article 21 is as follows: Draft Article 15 was debated in the Constituent Assembly on 6 and 13 December 1948. It provided for the right to life and personal liberty, subject ...
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Does German constitution provide preference to people who are ethnic German?

Does German constitution provide preference to people who are ethnic German? How does it define related terms? For example - what does ethnicity mean? Who are ethnic German? Does it mean that people ...
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How often is Article 49.3 of the French Constitution used?

According to recent news: On Thursday, French Prime Minister Élisabeth Borne announced that the government was resorting to Article 49.3 of the Constitution to force the bill through parliament ...
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Can Rahul Gandhi ask other democratic nations to intervene in their democracy?

Rahul Gandhi a sitting Member of Parliament of India who went to London and asked Europe and USA to intervene in what he sees as the collapse of democracy in India, which is a sovereign nation. Isn't ...
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In what way do "Pennsylvanians have a constitutional right to clean air and pure water"? State constitution or federal? Which article?

From CNN's February 22, 2023 Pennsylvania attorney general’s office will investigate Norfolk Southern after ‘criminal referral’ from state officials “Our office has been monitoring the train ...
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Why has Libertarianism achieved so little as a political ideology in the World?

Since Libertarianism can be defined as a political philosophy that advocates only minimal state intervention in the free market and the private lives of citizens, but when it comes to actual policies, ...
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