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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Trump and the Presidential Term Limit [duplicate]
Donald Trump, according to many of his supporters and part of the US American public considers himself the rightful winner of the 2020 election. Some even go as far as saying that Biden is not their (...
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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 Genesis of this statement? " 'Union of India' should be distinguished from the expression 'territory of India' "
While reading article 1 from Official Constitution Of India, I have not found any such sentence as 'Union of India' thought 'territory of India' word is there, but still in most of the books(like ...
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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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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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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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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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Is it possible to expand voting right by ordinary legislation provided that there is no explicit constitutional restriction?
I have noticed that while many constitutions guarantee voting rights for its citizens, these provisions are often phrased in a way that does not preclude expanding such right to people beyond the ...
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A country without judicial oversight (over the constitution)
Marbury v Madison is a United States Supreme Court decision which (among others, I'm cherrypicking) establishes the power of the judiciary to be the final authority on deciding what the constitution ...
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Could the US constitutionally cement single-party rule in this scenario?
Suppose that a political party ("X") controls a simple majority of both the House and Senate in addition the the presidency. At this point in time, the Supreme Court is not relevant.
All ...
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Requirements for citizens living outside the US to vote in elections
In the United States, people who are not residents of individual states cannot vote in federal elections for President, Senators, and Representatives. However, US troops stationed overseas are allowed ...
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How is the minimum age of candidacy for the Senate enforced?
According to this US Senate article, it can be enforced by the Senate. Could the Senate just not remove them? Or would that go to the courts? I remember something-or-other about the sovereign right of ...
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What motivated the amendment to the Algerian constitution allowing a 'special system' to be conferred upon municipalities?
In November 2020, Algerians approved a new constitution by referendum. One of the changes was to Article 16, to which the sentence in italics was added:
The local authorities of the State shall be ...
CDJB♦
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Which country has the most axiomatically defined laws?
Clarification: I am not seriously asking if a country has a constitution on the level of precision of formal logic. I meant which country exhibits “completeness” more than others, which tends in this ...
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What mechanisms exist for terminating the US constitution?
Donald Trump has called for the US constitution to be terminated. Apart from something akin to a civil war or dramatic societal upheaval, is there a mechanism which could enable the termination of the ...
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States’ rights (tenth amendment) [closed]
IF the US Supreme Court says "X" is a state matter, and the Constitution offers no appeal (to a nonexistent higher court), but a US congressman proposes (or votes for) a federal law about &...
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Who selects the General Secretary of Indian National Congress or Bhartiya Janata Party?
What is the process to select the general secretary of the party?
Does one have to be a publicly elected official to hold this post?
Are there any regulations in Indian Constitution?
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US presidential election: winning three times
Donald Trump has, according to his claims, been elected president twice by popular vote. However he has been denied the office due to claimed malfeasance of the state governments.
If his claims are ...
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Has the 25 Amendment Inability Clause ever been used to remove POTUS
The 25th Amendment of the US constitution is in the top of my mind. This deals with succession in the event of the resignation, death, or incapacity of POTUS. It also allows for temporary incapacity, ...
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How does Ret. US Supreme Court Justice Breyer propose to "...decide cases in a way that will prevent social discord stemming from religion"?
In CNN's September 26, 2022 excerpt from Who's Talking to Chris Wallace Ex-Supreme court justice visibly emotional discussing Roe v. Wade reversal, Retired Supreme Court Justice Stephen Breyer says:
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Is there a constitutional contradiction to prohibit discrimination based on nationality while restricting voting right based on nationality?
Many countries have constitutional provisions which prohibit discrimination based on certain characteristics (i.e. age, nationality, etc) while also - within the same constitution - having ...
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How does one identify an enemy of the Constitution in the United States?
What are the criteria? Is there an explicit list? If there is a list, how robust is it in the face of changing times?
Before one takes an oath to defend the Constitution against enemies foreign and ...
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If a US State passed a law regarding the eligibility of Presidents, could it be enforced?
Suppose (the citizens of) a state were tired of government shutdowns and they or their legislature passed a law prohibiting members of Congress and Presidents involved in a governmental shutdown from ...
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Reasons for time limits in constitutional amendments
The 18th, and 20th to 26th amendments, as well as the ERA and the DC Voting rights outdated proposed amendments, included time limits to their ratification. The time limit clauses vary in shape, form ...
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In what Western Countries has any party or coalition been elected gaining a supermajority or such majority permitting constitutional amendments?
For the sake of the argument, the "Western" countries should include all Member States of the EU, and countries conventionally understood to be part of the "West".
Any time after ...
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What will the powers of the The Indigenous Australian Voice be?
Australia is considering a referendum to alter its constitution to create an "Australian and Torres Strait Islander Voice".
The text of the amendment is as follows:
"There shall be a ...
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