All Questions
Tagged with constitution law
71 questions
22
votes
5
answers
4k
views
Can campaign promises be enforced by a contract, or has it ever happened they were?
A common problem where I live, and I assume everywhere, for at least the past 4 decades (and I assume it has been a problem for centuries), is that politicians make a lot of campaign promises which ...
- 2,449
4
votes
1
answer
579
views
What would have to happen for the recently passed "reform" bill in Taiwan to become law?
The Guardian's May 29, 2024 Taiwan passes controversial reform bill after violence and protests summarizes the current situation.
The bills were driven by the two major opposition parties, the ...
- 16.9k
2
votes
2
answers
78
views
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 ...
- 132
7
votes
3
answers
2k
views
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 ...
- 4,148
5
votes
4
answers
644
views
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 ...
- 1,382
13
votes
5
answers
5k
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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 ...
- 16.9k
1
vote
2
answers
175
views
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 ...
- 165
16
votes
2
answers
8k
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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 ...
- 5,074
17
votes
6
answers
6k
views
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 ...
user45449
0
votes
1
answer
108
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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 ...
user45449
16
votes
2
answers
4k
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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 ...
- 16.9k
-4
votes
3
answers
329
views
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 ...
anon
2
votes
4
answers
1k
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Can a state delegate the creation of a law to an unelected agent such as the Supreme Court?
This is with regard to the constitutionality of "trigger laws" such as those that went into effect, automatically, after the overturn of Roe vs. Wade.
I am neither a lawyer nor a politician, ...
- 272
5
votes
0
answers
175
views
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 ...
- 194
0
votes
1
answer
2k
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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?
- 2,026
-2
votes
2
answers
239
views
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 ...
- 307
5
votes
1
answer
176
views
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
- 51
1
vote
1
answer
176
views
Is the United States Constitution owned by the people or by the government? [closed]
For example, if a US citizen used part of the Constitution in an essay would that person not need to cite it?
- 2,026
2
votes
2
answers
410
views
Can the Supreme Court strike down parts of laws or can they only strike down entire laws even if only some parts of them are unconstitutional?
Basically a line item veto, but for declaring laws unconstitutional.
- 2,026
1
vote
2
answers
219
views
What would the repercussions be for individual Lawmakers if they had actually been communicating with the 'mob' outside the capitol on January 6?
If on January 6, 2021 Senators or Congress people from within the Capitol building had been communicating with the mob outside, what could be the consequences for these actions?
To make matters even ...
user14221
-2
votes
1
answer
132
views
What checks and balances are there to stop the Supreme Court from grossly misinterpreting the constitution?
If the Supreme Court were to rule that they have the power to impeach and convict the president because they are supposed to make sure the constitution is not violated or ruling that the first ...
- 2,026
3
votes
1
answer
293
views
What is going on with the constitutional court in Ukraine?
Recently, Ukrainian President Volodymyr Zelensky submitted a bill to the Verkhovna Rada (Supreme Council of Ukraine) proposing to terminate the powers of all Constitutional Court judges.
It's a bit of ...
- 11.8k
32
votes
8
answers
5k
views
Is the National Popular Vote Interstate Compact constitutional?
I read recently that Colorado will have a version of the National Popular Vote Interstate Compact on their ballot in November. Considering that this bill functionally eliminates the Electoral College, ...
- 436
1
vote
1
answer
236
views
Can President Trump ban all remaining presidential primary elections in an effort to contain the Coronavirus outbreak? [duplicate]
I am wondering if President Trump has the constitutional authority to ban all remaining presidential primary elections in all the states in an effort to contain the Coronavirus outbreak?
user30643
6
votes
2
answers
417
views
Legally how would one demonstrate Trump's motive was to solicit interference in the 2020 election [closed]
The whistleblower report makes the following allegation:
In the course of my official duties, I have received information from multiple U.S. Government officials that the President of the United ...
- 103
2
votes
0
answers
56
views
How does Executive Privilege override the clear provision of statute at 5 U.S.C. App. §8H (c) on Whistle Blower Complaints?
With respect to the testimony of Acting Director of National Intelligence McGuire before the Permanent Select Committee on Intelligence, U.S. House of Representatives on September 26, 2019, that as a ...
- 360
2
votes
2
answers
3k
views
Can the President of the United States actively invest in the stock market?
Can the President of the United States actively invest in the stock market? While I have heard of people often divesting in order to show that they wont profit from the fact they have insider ...
user27009
1
vote
1
answer
94
views
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??
- 125
-2
votes
1
answer
386
views
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 ...
- 125
-3
votes
3
answers
1k
views
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, ...
user22226
0
votes
1
answer
139
views
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 ...
- 109
12
votes
1
answer
3k
views
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-...
- 1,669
11
votes
1
answer
527
views
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 ...
- 9,377
4
votes
1
answer
1k
views
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 ...
- 688
4
votes
1
answer
423
views
Why does it matter which house of Congress a bill originates in?
The U.S. Constitution (Article 1, Sec. 7) states that:
All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on ...
- 12.1k
2
votes
1
answer
235
views
Why is there a problem in Spain in the first place? [duplicate]
As far as I understand (source: discussions with Spaniards) there is no provision in Spain's law (including the constitution) for the declaration of independence of a province.
Why therefore is there ...
- 3,680
0
votes
2
answers
184
views
What's will be like a viable and legal roadmap to Catalonian independence? [closed]
Catalonian government is a region body government under the Spanish rule. It can't pass laws that are not under their competence and overpass the Spanish Constitution. It doesn't have control of ...
- 144
5
votes
1
answer
359
views
A Spanish judge has jailed two key members of the Catalan independence movement. Have others been ever accused and convicted for sedition?
As of 16th October 2017, A Spanish judge has jailed two key members of the Catalan independence movement. As the BBC news reports:
Jordi Sánchez and Jordi Cuixart, who lead prominent separatist ...
- 1,806
19
votes
1
answer
5k
views
Could the second amendment be, well, amended? [duplicate]
Considering the criticism from some regarding the Second Amendment and gun control laws, supposing Americans voted that they didn't want the second amendment anymore or wanted it changed (by majority ...
- 3,040
5
votes
3
answers
561
views
Explain how a law can be enacted that abridges right to assembly
There are numerous states that have proposed/passed anti-protest laws in recent weeks.
Please explain how
it's possible to compose text, and have it pass into law, which clearly abridges the 1st ...
- 407
7
votes
3
answers
2k
views
Constitutionality of travel ban/sanctuary cities
Every single time sanctuary cities and cutting funding or the travel ban are mentioned on the news, every objection to them is based on claims of unconstitutionality. I am confused by this though. In ...
- 341
1
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3
answers
1k
views
What arguments have modern societies used to support the introduction, re-introduction or maintenance of the Death Penalty?
Context
As the world moves further into consolidating and enshrining International Human Rights it has been argued that the Death Penalty is a violation of those rights and wider statutes and treaties....
- 31
6
votes
3
answers
791
views
Why aren't constitutional duties legally binding in India?
Why are the Fundamental Duties mentioned in the Indian Constitution not legally binding?
Also, is there not a need to make them so?
- 363
2
votes
0
answers
208
views
Could Obama have secretly pardoned Hillary? [duplicate]
We heard many news reports of many pardons Obama made. But is it possible Obama could have secretly made other pardons as well?
For example, assume Obama pardoned, say, Hillary Clinton, for example: ...
- 4,190
9
votes
1
answer
831
views
Can the outgoing US president sign bills from the new Congress?
Now that the Twentieth Amendment makes the new session of Congress begin on January 3rd, which is 17 days before the inauguration on January 20th (previously, the new session began, and inauguration ...
- 91
3
votes
2
answers
462
views
Can Congress/anyone sue the President for his agencies' either un/intentional underperformance on their legislative mandates?
The title pretty much sums it up. Is the President not immune to being sued in cases related to his agencies' performance?
- 131
1
vote
2
answers
467
views
Is it possible to deny a whole community the entry into the USA? [duplicate]
Trump said more than once that he want to deny Muslims the entry into the USA. But can he actually do that? Would it be consistent with the U.S constitution?
I especially refer to this statement of ...
- 469
6
votes
3
answers
602
views
What are the UK's "constitutional requirements" for Article 50 notification of withdrawal from EU?
Article 50 of the Lisbon Treaty says:
Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
What are the UK's constitutional ...
- 225
5
votes
1
answer
124
views
What does the Australian constitution specify about the mechanism of voting
As far as I know most voting systems in Australia are based on a seat based preferential system. Also that there is variation in exactly how this works between states.
What part of the voting system ...
- 2,858
3
votes
2
answers
2k
views
What does a three-fifths majority really mean?
In the Florida State Senate, there are some actions that can only be taken with a three-fifths or two-thirds majority. There are 40 members of the state senate, and 3/5 of that would be 24. However, ...
- 941