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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If instances of electoral fraud were found, or suspected, in a presidential election, what would be the constitutional procedure for resolution?

The Trump administration seemed to be of the view that if they could show that a state had suffered electoral fraud, the Vice President or the Attorney General could simply demand that those states ...
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At what point in the election process must someone aspiring to be president meet the requirements established in the constitution? [duplicate]

US Representative Alexandria Ocasio-Cortez will reach the constitutionally required age to be eligible for presidency mere weeks before the 2024 Presidential elections. This means she definitely is ...
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Can the Federal Government Revoke Statehood?

Is this possible? Texas v. White says that states cannot unilaterally secede, but not that they cannot be kicked out. The Constitution (https://en.wikipedia.org/wiki/Admission_to_the_Union#Text) says ...
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Why does the government not introduce an amendment to the constitution to allow abortion?

Since the polls clearly show that the majority of the American people disagree with the Supreme Courts decision to overturn Roe vs. Wade, why does the US government not introduce an amendment to the ...
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How can the United Arab Emirates (UAE) consist of absolute monarchies if the UAE itself has a constitution?

It would seem that the constitution of the United Arab Emirates (UAE) would limit the power of its monarchs to some degree, thus they wouldn't be absolute monarchs. To what extent is the constitution ...
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Is there a formal notion of a declaration of war in the Ukrainian constitution?

In Feb 2022, president Zelensky declared martial law and general mobilization. Is there a more formal declaration of [state of] war he (or the Rada) could have issued, according to the Ukrainian ...
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Constitutional limits on the Standing Rules of the Senate

According to this comment by @RickSmith: "Congress may not 'ignore constitutional restraints or violate fundamental rights, and there should be a reasonable relation between the mode or method ...
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How does the unusual rule for dissolving Swedish Parliament come about?

Sweden - unlike other European countries - has a Parliament that serves fixed 4-year term. The Government can order extra elections to take place in between the 4-year term, but the extra elections do ...
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Can the US government outlaw the buying, selling and manufacture of arms?

I know the US Constitution covers the right to bear arms, but can the government theoretically ban the buying, selling and manufacture of arms?
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On what basis could the US federal government codify Roe v. Wade?

There are proposals to pass a federal law allowing abortion in all states, in case Roe v. Wade is overturned. Ignoring the political feasibility of passing such a law, on what constitutional basis can ...
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Germany putting industries or facilities "under state management" if they don't cooperate; provisions for it in the constitution? Precedent?

Fox News' April 28, 2022 Germany drops opposition to Russia oil embargo: report includes the following: The reversal from Germany – which had been one of the main opponents of the EU severing its oil ...
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When Congress passed the Equal Rights Amendment, why didn't they include the time limit in the amendment itself?

The Equal Rights Amendment was passed by Congress in 1972 and submitted to the states for ratification. Congress imposed (or tried to impose?) a 7-year time limit on ratification. There was precedent ...
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Why do most constitutions not have explicit requirement for simple majority vote to pass legislative decision? [closed]

It seems most legislatures around the world just assumes simple majority vote is the default majority required to pass decisions despite it not being required by their constitution. While I understand ...
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How common is for presidential term extensions to be bundled with other issues in referendums?

By presidential term extensions, I mean broadly measures like: allowing more terms than before, extending their length, and even allowing special purpose measures that effectively apply the previous ...
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What compromises were forged or brokered by Benjamin Franklin in the US constitution that would be considered "tragic" by historian Ken Burns?

The Late Show with Stephen Colbert's April 2, 2022 Ken Burns Was Watching "Homeland" When He Realized Mandy Patinkin Should Be His Ben Franklin begins with noted historian and documentarian ...
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Is the discontinuation of the petitioning system "We the People" constitutional?

On January 20, 2021, the day of the Inauguration of Joe Biden, the website of We the People petitioning system https://petitions.whitehouse.gov/about started redirecting to the main whitehouse.gov ...
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Is it legitimate/constitutional for the White House to turn off the comments on their YouTube videos?

I wonder if it is legitimate/constitutional for the White House to turn off their comments on YouTube videos, as they are doing currently. In 2019. Trump was banned from blocking the critics on his ...
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US Constitution amendment restriction on Senate - is there a way around it?

According to Article 5 of the U.S. Constitution (emphasis added): The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the ...
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How many countries have a single unified document as their constitution?

The foundation of US law and government is the US constitution including its 27 amendments. However most of the time when I look for something similar for other nations, what I find tends to be ...
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Did the US Supreme Court's recent ruling sidestep the issue of judicial review? (Whole Women's Health v. Jackson; challenge to Texas S.B. 8)

The following questions and their extensive answers cover the background of the issues well: How close does the Texas law that bars most abortions after six weeks come to saying 'Defendants can&#...
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Conquest = usurpation?

In the context of establishing a lawfully constituted authority, does conquest1 differ from usurpation2? How is conquest different from usurpation, which is an unlawful way of establishing an ...
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Why is the Second Amendment to the US constitution structured differently from all other amendments?

The Second Amendment reads as follows: 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. This can be ...
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How close does the Texas law that bars most abortions after six weeks come to saying 'Defendants can't assert constitutionally protected rights?'

In the CNN video Toobin: This is the most important question a justice asked CNN Chief Legal Analyst Jeffrey Toobin shares his thoughts on the Supreme Court justices' questions as they hear oral ...
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Why is Spain not legislating vaccine-status check measures, after executive attempts to impose those were defeated in courts?

According to The Local (ES): The reasoning of [Spanish] judges, both regional and national, is that having to prove Covid vaccination, testing or recovery status to enter a bar or visit a museum ...
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Are there constitutional arguments for preventing/avoiding judicial review of state law in some scenarios? Are there any historical examples of this?

From CNN's video coverage of US Attorney General Merrick Garland announcement of its lawsuit against the state of Texas: Q: ...several GOP lawmakers who said that they will follow Texas’ lead, and I ...
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Is freedom of the press covered under the 14th Amendment to the U.S. Constitution?

The First Amendment reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the ...
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Why don't other countries try to emulate the United States? [closed]

(Apologies in advance if I sound condescending or ignorant of world affairs. The former is unintentional; the latter is why I'm here.) You often hear about countries (developing nations, mostly, but ...
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Is the current governance of the United States Capitol Police at odds with separation of powers doctrine?

The United States Capitol Police (USCP) appears to be a law enforcement agency and has been in the news since the capitol riot of January 6th, 2021. However, in recent events, the Capitol Police ...
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Would a Constitutional court make sense in The Netherlands?

Unlike many other countries, The Netherlands has no constitutional court. Article 120 of our constitution even says: De rechter treedt niet in de beoordeling van de grondwettigheid van wetten en ...
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7 votes
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Which President has had the greatest number of their actions ruled unconstitutional?

Abraham Lincoln suspended habeas corpus and the court ruled that it wasn’t within his authority, I am wondering which President did the most things that the Supreme Court explicitly ruled were ...
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Isn’t having unequal numbers of Senators in each class unconstitutional?

The Constitution says that Senators shall be divided equally as may be into three Classes So wouldn’t the current Class 3 consisting of 34 members while Class 1 and Class 2 only having 33 members be ...
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Does the 15th amendment prevent voter discrimination based on ethnicity?

The 15th amendment reads: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of ...
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1 vote
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What did the Framers intend the meaning of “probable cause” to be? [closed]

The 4th amendment reads The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall ...
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Can the President personally arrest someone? [duplicate]

If all executive powers is held by the President and FBI agents can make arrests, doesn’t that mean the President can too?
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Why didn’t the Framers of the US Constitution clarify who has the power to suspend habeas corpus?

It seems awfully strange to mention a very strong power, that if used improperly could destroy American democracy, and not say who can invoke it. Why?
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Is it likely that the Founding Fathers would not have created the 2nd Amendment if automatic rifles had been available in 1775? [closed]

I am wondering if it is likely that our nation's founding fathers would not have created the 2nd Amendment if automatic rifles had already been invented by 1775 and that they were being used in mass ...
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What does the Haitian Constitution provide for in the case of the death of the President?

According to a statement on the Juno 7 news website by interim Prime Minister Claude Joseph, the President of Haiti, Jovenel Moïse, was assassinated during the night between the 6th and 7th of July ...
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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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2 votes
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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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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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4 votes
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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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1 vote
1 answer
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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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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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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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2 votes
1 answer
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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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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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7 votes
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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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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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