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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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Did the framers of the US Constitution foresee huge differences in representation in the Senate, such as between California and Wyoming?

Wyoming currently has a population of about 600 thousand people, while California has a population of almost 40 million, yet each have two senators. Hence, it could be argued that a person in Wyoming ...
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Are illegal immigrant voters unconstitutional? [closed]

With the wrapping up the elections today, Democrats won a majority in the house of representatives. I was sitting here pondering this election and I got to thinking. There are 22 million undocumented ...
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If a law is found to be unconstitutional; can an amendment to the state constitution matter?

In the general sense, let's say a state law is passed, and the courts decide that the law is unconstitutional because the United States constitution prohibits such laws. Can a state amend its own ...
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Were the Framers of the United States Constitution citizens of the United States at its ratification? [closed]

The 2020 United States Census will ask respondents if they are citizens, a question that has inspired multiple law suits in an attempt to prevent the use of the question. Census Citizenship Question ...
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When are people born in the United States not “subject to its jurisdiction”?

The 14th amendment to the US constitution begins with this text: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States ...
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How does the UK deal with freedom of the press?

Information relevant to matters under valid law-enforcement investigation or national-security matters may have valid reasons to be treated carefully by a government. Unregulated details, such as ...
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Is the U.S. Constitution a religious-based document if it was written to be in alignment with Judeo-Christian morals and values?

If the founding fathers wrote the original U.S. Constitution to be in alignment with Judeo-Christian morals and values, does this mean that it was indirectly a religious-based document, and if so, ...
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What does Kanye (Ye) West actually mean by “Abolish the 13th Amendment”?

On his Saturday Night Live appearance on the 29th of September 2018, Kanye West spoke on "abolishing the 13th amendment". (This may have been stewing for a while, but that is when I first became ...
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Why was excluding Australian Aboriginal populations from the Race Power considered racist?

Section 51(xxvi) of the Australian Constitution originally read, The people of any race, other than the aboriginal race in any State, for whom it is deemed necessary to make special laws: I hope ...
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What would happen if the President of the USA actually shot someone? [duplicate]

According to this article in the Guardian: US Republican frontrunner Donald Trump is so confident in his support base that he said he could stand on New York’s Fifth Avenue “and shoot somebody” and ...
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215 views

Notwithstanding Clause of Canadian Constitution

The Canadian Constitution has a clause commonly referred to as the Notwithstanding Clause. https://en.wikipedia.org/wiki/Section_33_of_the_Canadian_Charter_of_Rights_and_Freedoms Basically, it ...
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Period evidence to refute the decision of Baron V Baltimore

In 1833, the decision of Baron v Baltimore established the concept that the Bill of Rights were not applicable to the States. Is there evidence from the ratification debates or debate conventions ...
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Why was the “Privileges and Immunities” clause not interpreted in this manner?

From the United States Constitution, Article IV, Section II, Clause I: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. In the ...
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How different have the various constitutions of Venezuela been?

From an answer in this question, I have learned that Venezuela has had 27 Constitutions. As an American, who have only had one (or two, if you count the Articles of Confederation) this seems to be ...
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Why would invoking the 25th amendment cause a constitutional crisis?

The recent opinion piece in the New York Times has two claims that I can't reconcile: Donald Trump is unfit to be president of the United States The constitutional crisis caused by invoking the 25th ...
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When was the last significant repudiation of the Hamiltonian reading of the Tax Clause?

In the US Constitution, the Tax clause, found in Article I, Section 8, Clause 1 is: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and ...
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Are the intentions behind the Guarantee Clause an early incarnation of the concepts in the 14th Amendment?

TLDR/ Bottom Line Up Front: Is the Guarantee clause an attempt to empower the government to protect individual rights by constraining State Governments by the Rule of Law? Background This question ...
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Why aren't the Alabama Constitution's anachronistic parts removed?

I have stumbled across section 256 from Alabama Constitution: (...) Separate schools shall be provided for white and colored children, and no child of either race shall be permitted to attend a ...
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When did the phrase “the law of the land” take on its current meaning with regard to the US Constitution?

I don't have an authoritative source for it, but given all the references to the "laws of the seas" in the English-language literature, I can only assume that the phrase "the law of the land" used to ...
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4answers
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Leading readings of the Guarantee Clause of the US Constitution

One of the many evergreen arguments in US politics is the nature of the Federal Government, whether it is a republic or a democracy. Part of the issue is that it is never explicitly stated in the ...
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What are different ways of allocating investigative power?

Background - The U.S. allocation of investigative power In the U.S. system of government, there are a variety of ways that a potential incident or public policy issue of concern can be investigated. ...
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Why is there no process in the United States to remove and re-elect the President?

When a European head of government has too many enemies/doubts about their history, then he or she is usually deposed by the parliament and a new head of government is elected (either by the ...
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Why didn't Barack Obama try to force the Senate to hold hearings on SCOTUS nominee Merrick Garland?

US Constitution Article 2 says this about the appointments to the Supreme Court: [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint (...) Judges ...
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Why was Congress able to create an Air Force without a constitutional amendment?

Article 1, Section 8 of the US Constitution enumerates the powers of Congress and includes the creation of military forces: To raise and support Armies, but no Appropriation of Money to that Use ...
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Is using religious texts to justify political decisions a violation of the separation of church and state?

Although not stated verbatim, the concept of separation of church and state has been associated with the US constitution. This is to help enforce our first amendment right, freedom of religion. Yet ...
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What happens to existing state laws if a state splits (United States)

Brought to mind by this question regarding the vote for splitting of California into three states. What happens to existing California state laws if it is split into three states? Does each state ...
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1answer
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Line of Succession : Prior to VP Approval

Suppose the current president were to resign (or die while in office). Per section 1 of the 25th amendment, the Vice President becomes the President (right away, do not pass go, do not collect $200). ...
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What is the constitutionality of having official Christian chaplains in the House and Senate?

In U.S. Congress, both the House and Senate have their own chaplain, who typically say a prayer in the chamber when it convenes for the day. All chaplains in the House and Senate since the chamber's ...
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1answer
842 views

Can the President of the United States be impeached for crimes committed in an effort to gain the presidency? [duplicate]

In the United States the President of the United States may involuntarily be removed from office through impeachment. This is outlined in Article 2 of the United States Constitution The ...
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1answer
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Essential elements of a modern national constitution [closed]

If one were to write a constitution from scratch, today, what are the essential elements that a national constitution would need to specify? From the US Constitution and Bill of Rights, we get ...
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Do the duties of the Secret Service extend to investigating allegations against a White House Medical team member?

Today, President Trump tweeted, Allegations made by Senator Jon Tester against Admiral/Doctor Ron Jackson are proving false. The Secret Service is unable to confirm (in fact they deny) any of the ...
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1answer
840 views

Could the Speaker of the House become president if he wasn't born in the USA?

To quote the constitution: No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States I also read that ...
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423 views

How would USA handle the kidnapping of its president?

What mechanisms are provided by the US Constitution to handle a situation in which the president is kidnapped or held prisoner by a foreign power? Who will be the USA president-deputy? How would be ...
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Can the crown veto constitutional Amendments in Canada?

I know that this would be practically be suicide for the Crown's power to do so, but hypothetically, could they?
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Consequences of the Federal Republic of Germany being declared illegal? [closed]

There is a recent question on Skeptics SE concerning the peace treaty between Germany and the allied powers, the validity of the German constitution, and consequently the existence of the Federal ...
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508 views

Do any parliamentary systems have term limits?

The USA and many other countries have term limits for the office of the President. On the other hand, some heads of government in (European) parliamentary systems have remained in power for a long ...
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Why can the US government impose age restrictions on constitutional rights?

For some context, the NRA is suing Florida on the grounds that the new law, which raises the minimum age to 21 from 18 to purchase a firearm, violates the 2nd and 14th amendment. They argue that 18-...
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Inauguration day

Why was March 4th the original Inauguration Day and why is January 20th the current Inauguration Day, when it is not mentioned in the 20th amendment?
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Why are separate bathrooms for men and women not in violation of the rejection of “separate but equal”?

Other than the fact that nobody has challenged it in the Supreme Court, how are separate bathrooms for men and women not in violation of the rejection of "separate but equal"? We conclude that, in ...
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What is the Trump administration's legal basis for not imposing sanctions on Russia?

In July, Congress passed, in a near-unanimous vote, a law called the Countering America's Adversaries Through Sanctions Act, which among other things imposes sanctions on Russia for their interference ...
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Would a Social Credit System like the one contemplated in China be Constitutional In The U.S

China is contemplating the creation of a Social Credit System in which privileges and penalties less significant than incarceration or a fine would flow from data compiled about a person in a manner ...
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Why didn't the Founding Fathers foresee/prevent the Swamp I.e. the mega corp lobbyist govt complex system [closed]

Why didn't the Founding Fathers foresee/prevent the Swamp I.e. the mega corp lobbyist govt complex system military media financers Fed
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What is a “right” according to the U.S. Constitution?

The United States Declaration of Independence is based upon the "self-evident" truth that "all men are… endowed by their Creator with certain unalienable Rights". The Ninth Amendment of the U.S. ...
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Are there US documents other than the Constitution which detail Individual Rights?

The constitution contains the "Bill of Rights." The first 8 amendments detail rights of an individual. If other rights exist beyond those enumerated in the constitution, where are they documented, and ...
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How did Wickard v. Filburn affect future Supreme Court decisions?

In 1942, the Supreme Court ruled in Wickard v. Filburn that the Commerce Clause gives the United States federal government authority to regulate wheat production, even if that production is for ...
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1answer
211 views

State of Emergency

It was reported in the Independent that France ended the state of emergency on 1 November of this year. Is there a time limit to which an emergency can be imposed in the country? Why do democratic ...
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2answers
213 views

Is it legal for US Senators to take favours?

Is it mentioned in the US Constitution if taking favours in cash or of any kind from an individual or an organization by a Senator is legal or illegal?
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Who legitimizes the new constitution of a Nepal?

On 16 September 2015, Nepal drafted a new constitution. https://thediplomat.com/2015/09/nepals-new-constitution-65-years-in-the-making/ Who can decide whether a constitution can be changed? In most ...
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Does the US constitution have a clause/procedure for defaulting? [duplicate]

Current US debt stands at 20+ trillion. Is there there a clause or rules/procedures on defaulting in the US constitution? If so, how are the distribution of assets and liabilities handled?
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After Trump, who is responsible for the executive?

There are, more or less, debates about Trump impeachment. Assume Trump to be fired, but at the same time vice president misses presidential qualifications. What then? Who is responsible for the ...