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 gives the U.S. President the legal authority to raise tariffs?
In the last few minutes, President Trump has signed a proclamation to introduce tariffs on most imports of steel and aluminium to the United States.
Article I, Section 8 of the US Constitution states ...
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Inauguration day
Why was March 4th the original Inauguration Day and why is January 20th the current Inauguration Day, when it is not mentioned in the 20th amendment?
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Why are separate bathrooms for men and women not in violation of the rejection of "separate but equal"?
Other than the fact that nobody has challenged it in the Supreme Court, how are separate bathrooms for men and women not in violation of the rejection of "separate but equal"?
We conclude that, in ...
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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 ...
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Would a Social Credit System like the one contemplated in China be Constitutional In The U.S
China is contemplating the creation of a Social Credit System in which privileges and penalties less significant than incarceration or a fine would flow from data compiled about a person in a manner ...
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Why didn't the Founding Fathers foresee/prevent the Swamp I.e. the mega corp lobbyist govt complex system [closed]
Why didn't the Founding Fathers foresee/prevent the Swamp I.e. the mega corp lobbyist govt complex system military media financers Fed
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What is a “right” according to the U.S. Constitution?
The United States Declaration of Independence is based upon the "self-evident" truth that "all men are… endowed by their Creator with certain unalienable Rights".
The Ninth Amendment of the U.S. ...
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Are there US documents other than the Constitution which detail Individual Rights?
The constitution contains the "Bill of Rights." The first 8 amendments detail rights of an individual. If other rights exist beyond those enumerated in the constitution, where are they documented, and ...
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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 ...
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Time Limits on, and Purpose of State of Emergency in France?
It was reported in the
Independent that France ended the state of emergency on 1 November of this year (2017).
Is there a time limit to which an emergency can be imposed in the country? Why do ...
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Is it legal for US Senators to take favours?
Is it mentioned in the US Constitution if taking favours in cash or of any kind from an individual or an organization by a Senator is legal or illegal?
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Who legitimizes the new constitution of a Nepal?
On 16 September 2015, Nepal drafted a new constitution. https://thediplomat.com/2015/09/nepals-new-constitution-65-years-in-the-making/
Who can decide whether a constitution can be changed?
In most ...
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Does the US constitution have a clause/procedure for defaulting? [duplicate]
Current US debt stands at 20+ trillion. Is there there a clause or rules/procedures on defaulting in the US constitution? If so, how are the distribution of assets and liabilities handled?
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After Trump, who is responsible for the executive?
There are, more or less, debates about Trump impeachment. Assume Trump to be fired, but at the same time vice president misses presidential qualifications.
What then?
Who is responsible for the ...
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Does federalism lead to the separation of single states?
Federalism involves a great deal of power sharing, both at administrative and governmental levels. Federalism accepts the concept called 'right to self determination' to varying degrees, including '...
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Are there any ways, besides death, for a sitting US President to be dismissed automatically?
Are there any ways that a sitting US President could be dismissed from office automatically, without a lengthy process by Congress?
(Besides the trivial one: death?)
Perhaps some qualifications that ...
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Why do Americans care so much about their constitution?
The constitution is evidently a major deal in American politics. It shows up all the time in the political discourse, often used to defend certain opinions and views, or to highlight the grandeur of ...
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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 ...
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In the US, what is the role of and relationship between federal law and state law?
(This is an attempt at a canonical question about an important distinction in US law and politics that is different than many other countries. It was suggested by this comment on another question. I'm ...
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Is there a Constitutional fine on illegal immigrants?
Article 1 Section 9
"The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand ...
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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 ...
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Are schedules part of Indian constitution?
I was looking at a PDF of India's Constitution and started wondering about some of its details.
One thing that confused me was ~200 pages of SCHEDULES section. Are they actually officially part of ...
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China puts Xi’s name in constitution. do you know a similar case?
China puts Xi’s name in constitution. It is strange (for me) to put a politician name in constitution (specially when the politician is not the founder of that Gov.)
do you know a similar case in the ...
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Can Rajoy repeat the Catalan election multiple times?
Spanish Prime Minister Mariano Rajoy has announced Madrid’s decision to dismiss Catalonia's separatist government and hold fresh elections in the region in a bid to prevent Catalan leaders from ...
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Why would the POTUS typically not want to interview U.S. Attorney candidates
I hear and read about the news regarding these highly unprecedented and unusual interactions with Trump engaging with and interviewing candidates he will appoint as U.S. Attorneys.
Most of the news ...
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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 ...
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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 ...
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Can foreign countries disqualify Australian candidates at will?
Could a country get their preferred candidates to win an Australian election by declaring all other candidates for that office citizens of that country, thereby making all those other candidates ...
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Can a congressional act change peoples legal names? [closed]
Let's say a liberal beats Trump in 2020; and wins a supermajority in both chambers of congress.
Him and his mates want revenge, and their supports do too, so they pass a bill to mess with Mr Trump.
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Which state benefited the most from the Great Compromise? (US)
Under the terms of this compromise, in the first chamber of
Congress—the House of Representatives—the representatives would be
apportioned according to the population in each state. This, of
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Does this argument against healthcare as a right not apply to a "speedy and public trial"?
People often make the argument that healthcare cannot be considered a right because someone would be compelled to provide it for you.
For example, from libertarianstandard.com:
When supporters of ...
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Why did Nebraska ratify the Twenty-seventh Amendment 24 years after it came into force?
The Twenty-seventh Amendment came into force in 1992 after enough states ratified it. On April 1, 2016, Nebraska chose to ratify this amendment as well, despite it having been in force for 24 years.
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Why can't a local government run a religious public school?
Clearly the establishment clause forbids a religious public school run by the federal government.
And by the process of incorporation of amendments 1 to 8 to the states by the due process clause of ...
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Does the US Constitution's "to provide for the common defense" automatically apply to a non-existent but potential future cis-lunar economy?
United States Representative Jim Bridenstine has been nominated to be the next Administrator of the National Aeronautics and Space Administration (NASA).
Within the 29-Dec-2016 blog post Why the Moon ...
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What are the 3 Offices of President in America? [closed]
Upon deeper research into the Constitution and Articles of Confederation, I found there are 3 Offices of President. The actual "Office of President" is for the actual sitting President. But if you ...
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Does "President" automatically imply that this person is also the guarantor of observance of the Constitution in the country?
Is there any state in the world, in which its Constitution doesn't call its President as the guarantor of the Constitution? Does "President" automatically imply that this person is also the guarantor ...
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What is the practical value of free speech? [closed]
Countries like China or Germany don't have free speech and are doing fine in practical terms (GDP, crime rates, political stability, global power). What is the advantage of having free speech in ...
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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 ...
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How did so many Australian politicans recently win Parliamentary seats while unaware of or denying their second nationality?
Half a dozen Australian members of Parliament have resigned or are threatened with the need to do so after "discovering" that they are dual citizens, forbidden from serving (how surprising this truly ...
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How long can a vetoed bill sit before congress can no longer use a supermajority to pass it?
In the constitution a supermajority can override a presidential veto. Is there a set time past the motion to veto that congress has to readdress the bill to potentially decide to use a supermajority?
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Can US congress nullify or hinder "Major Non-Nato Ally" status of another country?
It is my understanding that US President can designate any nation a Major non-Nato ally after thirty days of notifying the Congress and is not bound to seek Congress' approval for this act as per ...
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How can the monarchy in Spain disappear?
At the moment, there is a monarchy in Spain for long time. Before was more important and relevant but nowadays it seems only as a figure that does not have such a relevance
What are the possibilities ...
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Could DC be redistricted?
Since it's just a district, could DC's district lines be redrawn?
And if so, who gets to make that choice?
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Opposition members in cabinet
After the recent collapse of government and appointment of a new Premier in British Columbia, it was suggested by MLA Andrew Weaver that — as he was not a member of the governing party — he could not ...
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Do the 3rd and 4th Amendments of the U.S. Constitution apply during martial law?
In the event of martial law being sanctioned in the United States, I am in question about the Constitution and how it would apply. If a soldier comes to my home during martial law and asks to be ...
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Can the UK Parliament introduce a constitution that would be legally binding to future parliaments? [duplicate]
As far as I understand, the UK does not have a constitution of any kind and the parliament is fully sovereign. But is there currently any mechanism in place to change the system and somehow introduce ...
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What U.S. constitutional rights do federal/state prisoners have?
Are your constitutional rights limited once you are convicted of a crime and sentenced to prison? Is there any clause in the US constitution that deals with this or is it simply based on crime one has ...
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What stops the United States from becoming "undemocratic"?
Hypothetically, let's say the conservatives in America were to run on a religious platform and win with an overwhelming majority. What stops them from voting out the current constitution and re-...
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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 ...
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USA constitution: scope of application [duplicate]
On May 25, 2017, the NYTimes writes:
The federal appeals court in Richmond, Va., on Thursday refused to
reinstate President Trump's revised travel ban, saying it
discriminated on the basis of ...
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