All Questions
Tagged with constitution united-states
413 questions
6
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1
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Has Donald Trump provided any details as to how he would like to repeal birthright citizenship? [duplicate]
According to the New York Times:
As for birthright citizenship, Mr. Trump said he would try to reverse
the constitutional guarantee that anyone born in the United States is
a citizen regardless of ...
- 203
-4
votes
4
answers
264
views
Does Hunters pardon pave the way for a self pardon? [closed]
The justification for the pardon is, particularly in making it so sweeping, that it is to counter political attacks via criminal charges, both prior and potentially after the President’s term of ...
- 3,244
6
votes
1
answer
323
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"Eligible" vs "Elected" in the drafting of the 22nd amendment
The 22nd Amendment (in combination with the 12th) is generally taken to mean that a two-term President is not a valid Vice-Presidential candidate. But some scholars (for example, this article) point ...
- 25.5k
4
votes
2
answers
1k
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Can the US President and Vice President swap places to avoid 22nd Amendment? [duplicate]
This idea came to me from what Putin and Medvedev did back then in 2008-2009.
Can Donald Trump and JD Vance, for example, run in 2028, this time with Vance for president, and Trump for Vice President, ...
- 339
-4
votes
1
answer
321
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Under which scenario (if any) could Donald Trump seek a third term in office if elected in 2024 and be considered the official president of the US? [closed]
The twenty-second amendment to the United States Constitution specifically limits the number of times a person can be elected to the office of the president of the United States.
However, Trump has ...
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4
votes
1
answer
139
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What government functions does the Idaho state constitution require?
The Idaho Republican Party has adopted a platform with the following clause:
We believe the state legislature should appropriate funds only for purposes and to the extent required to meet government'...
- 4,895
4
votes
1
answer
147
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Constitutionality of house of Congress passing separate bills and then combining them without vote on full bill
On April 20, 2024, the US House of Representatives passed a foreign aid package for Ukraine, Israel, Indo-Pacific, and miscellaneous other matters, which it plans to send to the Senate as one bill. ...
- 3,334
5
votes
2
answers
905
views
Would a viable third party candidate legally have a chance in the House of Representatives?
Suppose there was an American third party candidate, who won a quarter of the popular vote, and a single large state or a handful of smaller ones: specifically with enough electoral votes so that ...
- 3,508
6
votes
2
answers
233
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What's the basis for Niger's military to claim that the 2012 accord with the US was 'in violation of the “constitutional and democratic rules”'?
News is that Niger's military government just denounced the 2012 accord with the US that was the basis of the latter's base and operations in Niger.
“The government of Niger, taking into account the ...
7
votes
2
answers
2k
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How does Massachusetts ratify proposed amendments to the constitution of the United States?
I've been trying to see the exact mechanisms Massachusetts has used to ratify or attempt to ratify proposed amendments to the U.S. constitution. The closest info I have found to that end pertains ...
- 5,605
-1
votes
1
answer
169
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Is it possible to limit future Supreme Court justices to judges seated on the federal appellate bench without a constitutional amendment?
Some judges worried that random appointments could result in
lower-quality Supreme Court justices.
“(J)ust because someone is on the Court of Appeals does NOT mean they
are SCOTUS material,” argued ...
user28660
4
votes
3
answers
929
views
Is there another way to put an age limit to Congress members without making a constitutional amendment in the U.S.?
Forbes' political staffer Sara Dorn writes, "Instilling age- and
term-limits is also a logistically complicated process that would
likely require a constitutional amendment, which would need ...
user28660
1
vote
1
answer
96
views
If POTUS doesn't name a candidate to fill a SCOTUS vacancy, can the Senate fill the seat?
If the President doesn't name a candidate to fill a Supreme Court vacancy, can the Senate fill the seat, anyway?
If Biden were to win re-election, the Republicans take the Senate, and a Supreme Court ...
- 179
7
votes
2
answers
1k
views
Is the House of Representatives not allowed to initiate any bills dealing with foreign policy (outside of commerce and budget matters)?
It's been claimed in an unsourced answer here that
It's an "H.R.". Meaning it's a "House Resolution". As such, the bill would not have any power in law. The domain of the foreign ...
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
1
vote
2
answers
280
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States' check on federal government's power? [closed]
Where in the U.S. Constitution are states given the right to "check" a tyrannical federal government?
- 813
12
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4
answers
3k
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Could the US become a multi-party democracy organically (without a change to the constitution)?
In many northern European countries (Germany, the Netherlands, Denmark) there is a large number of political parties and the government is always made up of a coalition of these because no single ...
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13
votes
1
answer
4k
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Are the strikes against Yemen ordered by President Biden unconstitutional?
The U.S. and British forces have launched a massive retaliatory strike against the Iranian-backed Houthis in Yemen (1/12/2024). The military response by the U.S. and U.K. comes after a series of drone ...
- 1,844
12
votes
2
answers
2k
views
What sources imply that the office of President was deliberately excluded from the 14th amendment?
The Fourteenth Amendment, as passed by Congress and ratified by the states says:
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any ...
- 25.5k
4
votes
3
answers
2k
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Is the US house anti-zionism resolution unconstitutional?
Reading "House Passes Resolution Declaring Anti-Zionism A Form Of Antisemitism—Some Democrats Are Critical"
The House on Tuesday approved a GOP-led resolution that condemns
antisemitism and ...
- 7,533
13
votes
5
answers
5k
views
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
-2
votes
2
answers
291
views
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,...
- 10.5k
13
votes
3
answers
4k
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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 ...
- 2,922
1
vote
1
answer
133
views
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 ...
- 5,605
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votes
1
answer
548
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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 ...
- 1,728
0
votes
1
answer
221
views
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.
- 303
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
5
votes
2
answers
315
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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 ...
- 36.6k
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
11
votes
3
answers
3k
views
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 ...
14
votes
2
answers
4k
views
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 ...
- 16.9k
3
votes
1
answer
972
views
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 ...
- 16.9k
-4
votes
1
answer
178
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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 ...
- 16.9k
18
votes
2
answers
7k
views
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 ...
- 53.1k
3
votes
2
answers
362
views
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 ...
user45449
4
votes
2
answers
926
views
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 ...
- 141
16
votes
2
answers
4k
views
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
3
votes
2
answers
224
views
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 ...
- 1,272
3
votes
1
answer
451
views
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 ...
- 303
22
votes
8
answers
8k
views
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 ...
- 1,048
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4
answers
271
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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 &...
- 874
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votes
1
answer
582
views
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 ...
-3
votes
1
answer
145
views
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, ...
- 883
6
votes
1
answer
368
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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:
...
- 16.9k
5
votes
3
answers
1k
views
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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3
votes
2
answers
251
views
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 ...
- 474
4
votes
2
answers
359
views
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 ...
- 1,272
2
votes
4
answers
1k
views
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
4
votes
2
answers
239
views
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 ...
- 10.7k