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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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President as Commander-in-Chief vs Speaker of the House [on hold]

Can the President as Commander-in-Chief curtail or direct the activities of the Speaker of the House? Also, can he presume in his mind that he knows what activities the Speaker is about to carry out ...
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What is the contingency for the US Line of Succession? [duplicate]

What happens if everyone in the US Line of Succession is unable or refuses to take on the Presidency? My inspiration for this question is the premise for the TV show Designated Survivor. In that ...
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Does a President have to be sworn in by a SCOTUS justice, if not then who has that authority?

I'm aware that by tradition a President is sworn in by a SCOTUS justice, but I'm wondering if this is necessary? My context is the show Designated Survivor. Absent SCOTUS, what if any provision is ...
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Regarding the Economically Weaker Section ( EWS ) 10% quota approved by the Indian Parliament

I am reading an article in a leading newspaper of India, in which the author says, As per the India Human Development Index ( IHDS ), the annual household incomes of 98% of households are less ...
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Why is Economically Weaker Section not considered backward under Art 15 and Art 16 by Supreme Court?

I was watching a YouTube video explaining the need for 10% reservation for the Economically Weaker Section (EWS). In this video, the speaker explains that the Supreme Court of India doesn’t count ...
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What exactly constitutes a “religious test” as defined in the US Constitution?

Article 6 of the US Constitution states that no "religious test" can be required for any office or public trust. The Senators and Representatives before mentioned, and the Members of the several ...
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Why do bills with a veto-proof majority in Congress go to the President?

If a bill receives a veto-proof vote in Congress, why does it go to the President to sign or veto, only to go back to Congress in the case of a veto, instead of immediately becoming law? The ...
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What is importance of the Origination Clause?

The Origination Clause states that all bills for raising revenue must start in the House of Representatives, but the Senate may propose or concur with amendments as in the case of other bills. My ...
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How does voting in the US Senate work?

There were a number of confirmation hearings in the Senate where Mike Pence, as President of the Senate, cast the tie-breaking vote. That part is clear to me from the Constitution. Impeachment is ...
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Leading of National Assembly in case of absence

Who will be the presiding officer of National Assembly when both speaker and deputy speaker are absent in the National Assembly of Pakistan??
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Why doesn't the Presidential Pardon power extend to State Crimes?

Paragraph One of Article 2, Section 2 of the United States constitution contains the following text: "The President … shall have Power to grant Reprieves and Pardons for Offences against the United ...
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Why do laws restrict voting rights for felons long after their sentence is served?

In some states in the US convicted felons cannot vote, hold public office or serve on a jury, even though they completed their sentences many years ago and have not reoffended since. This seems ...
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Is much of what the US federal government does unconstitutional?

Heard the argument that since much of what the federal government does these days - Freddie Mac, Social Security, Medicare, you name it - is not within explicitly listed Enumerated Powers in the ...
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What happens if nominated candidate is not confirmed by the senate?

As far as I understand it the US cabinet is nominated by the president, but the senate has to consent to the nominees. The same applies applies to judges of the Supreme Court. But what happens if the ...
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Can federal courts overrule North Carolina's vote ID constitutional amendment?

North Carolina voters approved a voter ID amendment to the state constitution; I assume that carries more weight than the voter ID laws that have already been overturned, but can the federal court ...
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What are the rules, laws, and procedures to approve and remove press members from white house press conferences?

In November 2018, an event in American politics involved a certain reporter for CNN, Jim Acosta, having his press credentials revoked by the White House, thereby barring his access to the White House ...
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National Reconciliation Ordinance (2007) [closed]

In Pakistan constitution General Pervaiz Musharraf introduces the NRO (2007)and in other countries it’s a possible to give NRO to the politicians ?? And if it is possible how many countries have been ...
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What's the difference between democratic republics and republics? [closed]

According to Democracy vs Republic In a Republic, All eligible citizens get equal say in decisions with protection of unalienable rights to individuals and Most modern nations—including ...
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Can both US Senators from a state be elected at the same time?

I understand the US constitution mandates three rolling 'classes' of nearly equal numbers of Senators be elected every two years, each for 6 year terms. The convention has been to not elect both ...
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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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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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1answer
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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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2answers
671 views

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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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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2answers
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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
165 views

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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1answer
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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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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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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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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 ...