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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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What happens if no candidate reaches 270 electoral votes?

I have seen polls that indicate that Evan McMullin is statistically even with Trump and Clinton in the state of Utah. With the possibility of six votes taken away by another candidate it is possible ...
NL - SE listen to your users's user avatar
10 votes
1 answer
5k views

Can Canada still become part of the USA?

I read that in the Constitution it was stated that if Canada wanted to become part of the US, they would be accepted fully. First off, is that true? Building off that, if they wanted to be part of the ...
user6929543's user avatar
9 votes
1 answer
3k views

Does the Twelfth Amendment allow the possibility of a President and Vice President from different parties being elected?

The Twelfth Amendment to the US Constitution describes what happens in the event that no candidate has the number of electoral college votes needed to become president (currently 270 out of 538): ......
Thunderforge's user avatar
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11 votes
2 answers
426 views

Is a Dutch political party's program allowed to contradict the constitution prima facie?

Several days ago, the Dutch PVV party published a program with several anti-Islamic measures including the closure of mosques and a ban on the Quran. Now, without getting into the actual political ...
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10 votes
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Which US-style presidential democracies have survived long-term?

In an episode of The West Wing, Toby remarks (IIRC) that "only four US-style presidential democracies have lasted longer than thirty years" -- he was arguing that a parliamentary democracy is an ...
spraff's user avatar
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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?
Jazzie3's user avatar
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5 votes
1 answer
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What happens if the Chief Justice refuses to give the oath of office to the President of the US?

I was thinking about this idea in relation to Trump and wondering what would happen in January if Chief Justice Roberts actively refused to render the Oath to Trump? Apparently Wikipedia says "While ...
Steve's user avatar
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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 ...
BobbyPi's user avatar
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21 votes
2 answers
4k views

Tie breaking in general election for president in U.S

Suppose the electoral votes for President and Vice-President both ties (as happened in the show VEEP season 5 episode 10), according to Amendment XII of the Constitution, the House vote for President ...
Joe Li's user avatar
  • 415
17 votes
1 answer
8k views

Can the President of the United States be denied security clearance?

In light of the recent investigation of Hillary Clinton and her aides in regards to E-mails sent via her personal E-mail that contained classified material, I am wondering if the state department has ...
James Shewey's user avatar
5 votes
1 answer
606 views

Constitutional Directive Principles of State Policy

The Indian Constitution devotes an entire part to define non-binding Directive Principles of State Policy likely influenced by the Irish Constitution. They were meant to guide governments in the ...
Jedi's user avatar
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6 votes
3 answers
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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 ...
A E's user avatar
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10 votes
2 answers
205 views

Australian Head of State

Under the Australian Constitution, who will become Australia's Head of State if the British monarchy is suddenly dissolved or overthrown and Britain becomes a republic?
Chris's user avatar
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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 ...
user1605665's user avatar
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18 votes
3 answers
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Does substantive due process apply to the Second Amendment?

The Fifth Amendment to the United States Constitution states, in part, "No person shall be ... deprived of life, liberty, or property, without due process of law." Since the 1930's, the Supreme Court ...
Keshav Srinivasan's user avatar
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, ...
Everyone_Else's user avatar
13 votes
2 answers
684 views

Has a US Supreme Court Justice ever drafted a bill and submitted it to Congress?

Argentina's Constitution was heavily inspired by the US Constitution. Recently, the biggest piece of Argentine legislation passed in decades was authored by the members of Argentina's Supreme Court, ...
Eduardo's user avatar
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-1 votes
2 answers
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Is there a legal way for people to elect other person as a president

Assume that in a few days to US residential election day, US people informed that Trump and Clinton are liars, And assume that this confirmed and the popularity of both reach to 10%. Is there a legal ...
user 1's user avatar
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10 votes
2 answers
683 views

Did Governor Cuomo suspend First Amendment rights?

Yesterday, Governor Cuomo of New York issued an executive order that public funding will be slashed from all companies or businesses operating in the state of New York that openly boycott or sanction ...
anonymouse's user avatar
4 votes
1 answer
416 views

Are there laws against torture in the US?

Nearly two-thirds of Americans believe torture can be justified to extract information from suspected terrorists, according to a poll. Are there laws against torture in the US? If yes, what is the ...
user 1's user avatar
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10 votes
3 answers
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Does California have a state "supremacy clause"?

On the San Francisco ballot in the upcoming June 2016 election, there is Proposition E, which aims to bring city law regarding sick leave into conformity with a state law of the same nature passed in ...
Matthew Herbst's user avatar
5 votes
3 answers
5k views

How is it that the US Senate is issuing "appropriation" bills?

According to the US Constitution all appropriation bills must originate in the House of Representatives. Yet, I just read a news story that described the Senate as passing a "Senate appropriation ...
Tyler Durden's user avatar
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8 votes
5 answers
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How do proponents of the "Living Constitution" view respond to the argument that it undermines democracy?

Those who reject originalism as a judicial philosophy generally say that the Constitution is a "living document" which changes in meaning as society changes. Further, they believe that the Supreme ...
Mr. Bultitude's user avatar
0 votes
1 answer
361 views

Can a country without a constitution be a Constitutional Monarchy?

I am doing research on the subject of false-authority. The most objective thing to base it on seems to come from the soundness of the terms governments use to define themselves. One of the main ...
Gary Carlyle Cook's user avatar
4 votes
1 answer
97 views

What is the day to day purpose of the Iranian "Assembly of Experts"?

The Iranian constitution gives the Assembly of Experts explicit power to select the next Supreme Leader if he dies. However, they are also required to meet 2 days out of very 6 months, which seems ...
Reliable Source's user avatar
3 votes
2 answers
654 views

US Constitution: who participates in Constitutional Conventions?

I am trying to understand the process of amending the U.S. Constitution. I believe I understand the usual process of amendments (2/3 of Congress, 3/4 of state legislatures), but I don't quite get how ...
ostrichofevil's user avatar
7 votes
3 answers
2k views

Where does the US Constitution mandate and define a "State Legislature"?

The US Constitution uses the term "State Legislature" in several places: The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and ...
charl's user avatar
  • 171
12 votes
4 answers
15k views

Is there a term limit for prime minister of Pakistan?

Is there a maximum limit for the number of terms a person can serve as the Prime Minister of Pakistan?
M.Abdullah Hassan's user avatar
3 votes
0 answers
33 views

Is there an analysis of what levels of government makes different decisions? [closed]

In the light of the UK's impending referendum on membership of the European Union, I've been reading a bit about the distribution of powers in a layered political system. Various regions of the UK ...
Iain Hallam's user avatar
2 votes
1 answer
83 views

Are encryption bills necessary?

Are the kinds of surveillance bills that are being developed in the UK (the investigatory powers bill) and the USA (the new draft encryption bill) really needed? Is it not the case that the ...
hdworld's user avatar
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2 votes
2 answers
976 views

What is the 1868 definition of naturalized?

According to the US constitution, 14th amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State ...
Phil Lello's user avatar
17 votes
1 answer
455 views

When was the last American political convention that allowed people to bring guns?

There is a petition to allow guns at the Republican convention. When was the last political convention (Democrat or Republican) that allowed people to bring guns?
Chloe's user avatar
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4 votes
1 answer
233 views

What political influences contributed to the Supreme Court's decision to overrule precedent in Afroyim v Rusk?

In Afroyim v Rusk the court ruled that US citizens may not be deprived of their citizenship involuntarily. A previous precedent (Perez v. Brownell) had made the possibility of possessing dual ...
JosephG's user avatar
  • 283
18 votes
10 answers
5k views

Why can't gun control legislation get passed?

I'm specifically referring to things like closing the gun show loophole and limiting access of those with mental illness to guns. It seems absurd that those representing guns, a consumer product, ...
Vrume21's user avatar
  • 205
9 votes
2 answers
616 views

What recourse is available in case of a violation of US Senatorial oath of office?

This oath is taken by newly-elected United States Senators: I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and ...
DJohnM's user avatar
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6 votes
1 answer
257 views

Is it possible for two laws with identical effects but different wording to have differing values of constitutionality?

During the ACA fight there was considerable discussion of whether the penalty for not carrying personal health insurance was a tax or a fine. The concepts have identical effects; only the wording is ...
Stephen Collings's user avatar
2 votes
1 answer
777 views

Source for Full Text of 1875 French Constitutional Laws

After some frustrating research, I have still failed to find a full English text of the 1875 French constitutional laws. Where can I find it, or where is a good place to continue searching?
Excelseo's user avatar
30 votes
2 answers
8k views

How did Gödel believe the US could become a dictatorship without the constitution being violated?

Kurt Gödel seems to have proven that this is possible, according to the Wikipedia article: On December 5, 1947, Einstein and Morgenstern accompanied Gödel to his U.S. citizenship exam, where they ...
Count Iblis's user avatar
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2 votes
1 answer
149 views

Is "Justice of the Peace" an official in the administration of justice in England?

Is "Justice of the Peace" an official in the administration of justice in England? What about the Arbitrators and Juries? Do we consider them officials in the administration of justice?
Waheed Khan's user avatar
3 votes
2 answers
2k views

What are the meanings of "Kangaroo", "Guillotine", and "Fox" in the UK House of Commons?

What are these concepts in UK House of Commons? Are they some kind of MPs or are they names given to some roles while debating? What exactly are they? The Kangaroo The Guillotine The Fox
Waheed Khan's user avatar
0 votes
1 answer
700 views

What language in the Constitution makes banning an ethnic group from entering the U.S unconstitutional? [duplicate]

As most people know Donald Trump proposed a temporary banned on Muslim travelers to the U.S. Question I have is what makes this policy legal or illegal.
Dammand Cherry's user avatar
12 votes
2 answers
5k views

How were Donald Trump's 2015 comments about Muslim immigrants unconstitutional?

A 2015 campaign press release from Donald Trump, back then the leading contender to become the Republican party’s nominee for US presidential candidate, called to ban Muslims from entering the United ...
Christopher Henderson's user avatar
8 votes
7 answers
1k views

What are the advantages of the US electoral college for presidential elections over a direct vote?

In what way does this improve the representation of smaller states beyond what would be provided by a direct vote?
ScottMoore's user avatar
12 votes
6 answers
862 views

Why should I care about federal vs state rights?

The premise behind most arguments about Obamacare, and other programs is that it's a "Federal" vs "State" rights issue. I come from a corporate business background, and it seems to me that if enough ...
makerofthings7's user avatar
-5 votes
3 answers
13k views

Can the US government repeal or remove an article or amendment from the Constitution?

Can the United States Government vote to repeal current articles or amendments from the constitution? Or is the constitution forever?
Christopher Yurkovich's user avatar
2 votes
2 answers
380 views

What does this statement in the 1978 Constitution of the Russian SFSR mean?

I didn't know where to ask this question, so I am asking it here since it does involve politics to some extent. Full Constitution (In Russian) Here is the statement In Russian: Статья 147. ...
Jay's user avatar
  • 121
0 votes
2 answers
229 views

Why is checks and balances needed when we already have separation of power in place?

In the system of separation of power, each branch has its own role in the process of effecting a law. The legslative creates it, the judicial approves it if it's constitutional, and the executive ...
Doeser's user avatar
  • 109
11 votes
3 answers
11k views

What did James Madison try to say when talking about agrarian reform?

In 1787, James Madison, the fourth President of the United States, traditionally regarded as the Father of the United States Constitution, in the debates on Constitution, declared the following: ...
Joe Jobs's user avatar
  • 1,244
7 votes
2 answers
580 views

Would the JCPOA be considered a treaty or an executive agreement?

Would the Joint Comprehensive Plan of Action be considered a treaty or an executive agreement? I understand that in order for a treaty to be considered, the president must seek the approval of the ...
PopPolitical's user avatar
3 votes
1 answer
977 views

How does "equal protection under the law" mean same-sex couples have as much of a right to marry as heterosexual couples?

First of all, I regard homosexuals as brethren & sisters. I respect their desire to marry, as I know of no way in which their lifestyle choices (of which being homosexual is not one) will affect ...
moonman239's user avatar

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