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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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: ...
3 votes
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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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Are there countries where impeachment of a president without cause is authorized?

Background Presidential v. Parliamentary Systems of Government In parliamentary systems of government, the head of government can be removed any time that the prime minister or premier loses the ...
6 votes
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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 ...
4 votes
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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The 18th, and 20th to 26th amendments, as well as the ERA and the DC Voting rights outdated proposed amendments, included time limits to their ratification.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 ...
6 votes
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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 ...
5 votes
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Assuming Russia vetoes EUFOR mandate extension in Bosnia, can Dodik legally "kick out" all EUFOR troops, including from the Croat-Muslim federation?

There has been speculation that Russia may veto an extension of the EUFOR mandate, which despite its name is apparently operating under a UNSC resolution. Assuming that veto happens (and given the ...
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Do any national US politicians exist who are pro-choice, but oppose Roe v. Wade on constitutional grounds or vise versa?

Roe v. Wade is one of the Supreme Court's more controversial decisions due to the controversial nature of abortion and the creative interpretation of the Constitution to block most regulations of ...
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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, ...
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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 ...
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At what point in the election process must someone aspiring to be president meet the requirements established in the constitution? [duplicate]

US Representative Alexandria Ocasio-Cortez will reach the constitutionally required age to be eligible for presidency mere weeks before the 2024 Presidential elections. This means she definitely is ...
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Why does the government not introduce an amendment to the constitution to allow abortion?

Since the polls clearly show that the majority of the American people disagree with the Supreme Courts decision to overturn Roe vs. Wade, why does the US government not introduce an amendment to the ...
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1 answer
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Can the Federal Government Revoke Statehood?

Is this possible? Texas v. White says that states cannot unilaterally secede, but not that they cannot be kicked out. The Constitution (https://en.wikipedia.org/wiki/Admission_to_the_Union#Text) says ...
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How can the United Arab Emirates (UAE) consist of absolute monarchies if the UAE itself has a constitution?

It would seem that the constitution of the United Arab Emirates (UAE) would limit the power of its monarchs to some degree, thus they wouldn't be absolute monarchs. To what extent is the constitution ...
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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?
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Is there a formal notion of a declaration of war in the Ukrainian constitution?

In Feb 2022, president Zelensky declared martial law and general mobilization. Is there a more formal declaration of [state of] war he (or the Rada) could have issued, according to the Ukrainian ...
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Constitutional limits on the Standing Rules of the Senate

According to this comment by @RickSmith: "Congress may not 'ignore constitutional restraints or violate fundamental rights, and there should be a reasonable relation between the mode or method ...
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Can the US government outlaw the buying, selling and manufacture of arms?

I know the US Constitution covers the right to bear arms, but can the government theoretically ban the buying, selling and manufacture of arms?
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How does the unusual rule for dissolving Swedish Parliament come about?

Sweden - unlike other European countries - has a Parliament that serves fixed 4-year term. The Government can order extra elections to take place in between the 4-year term, but the extra elections do ...
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1 answer
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How many terms can a former vice-president president serve?

If a president were to be unable to serve, with the vice-president becoming president, how many terms would they be able to run/serve for? Say the president is unable to serve 2 years into their ...
2 votes
1 answer
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How common is for presidential term extensions to be bundled with other issues in referendums?

By presidential term extensions, I mean broadly measures like: allowing more terms than before, extending their length, and even allowing special purpose measures that effectively apply the previous ...
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On what basis could the US federal government codify Roe v. Wade?

There are proposals to pass a federal law allowing abortion in all states, in case Roe v. Wade is overturned. Ignoring the political feasibility of passing such a law, on what constitutional basis can ...
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Germany putting industries or facilities "under state management" if they don't cooperate; provisions for it in the constitution? Precedent?

Fox News' April 28, 2022 Germany drops opposition to Russia oil embargo: report includes the following: The reversal from Germany – which had been one of the main opponents of the EU severing its oil ...
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For US Constitution amendments, does state legislature incl governor?

Per the US Constitution, states can pass amendments by first having 2/3rds of the states' legislatures propose the amendment, and then having 3/4ths of the states' legislatures ratify it. In this case,...
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Why do most constitutions not have explicit requirement for simple majority vote to pass legislative decision? [closed]

It seems most legislatures around the world just assumes simple majority vote is the default majority required to pass decisions despite it not being required by their constitution. While I understand ...
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When Congress passed the Equal Rights Amendment, why didn't they include the time limit in the amendment itself?

The Equal Rights Amendment was passed by Congress in 1972 and submitted to the states for ratification. Congress imposed (or tried to impose?) a 7-year time limit on ratification. There was precedent ...
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What is the political/legal distinction between a "state" and a "commonwealth" in the United States?

Some of the "states" in the United States are referred to as a Commonwealth rather than State (Virginia, Massachusetts, Kentucky and Pennsylvania specifically). The Wikipedia article for Commonwealth ...
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Why is the Second Amendment to the US constitution structured differently from all other amendments?

The Second Amendment reads as follows: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. This can be ...
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What compromises were forged or brokered by Benjamin Franklin in the US constitution that would be considered "tragic" by historian Ken Burns?

The Late Show with Stephen Colbert's April 2, 2022 Ken Burns Was Watching "Homeland" When He Realized Mandy Patinkin Should Be His Ben Franklin begins with noted historian and documentarian ...
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Is the discontinuation of the petitioning system "We the People" constitutional?

On January 20, 2021, the day of the Inauguration of Joe Biden, the website of We the People petitioning system https://petitions.whitehouse.gov/about started redirecting to the main whitehouse.gov ...
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Can the Chinese president be impeached?

According to this article: China has approved the removal of the two-term limit on the presidency, effectively allowing Xi Jinping to remain in power for life. I'd like to know if there is a ...
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Is it legitimate/constitutional for the White House to turn off the comments on their YouTube videos?

I wonder if it is legitimate/constitutional for the White House to turn off their comments on YouTube videos, as they are doing currently. In 2019. Trump was banned from blocking the critics on his ...
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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 ...
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Why was Congress able to create an Air Force without a constitutional amendment?

Article 1, Section 8 of the US Constitution enumerates the powers of Congress and includes the creation of military forces: To raise and support Armies, but no Appropriation of Money to that Use ...
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US Constitution amendment restriction on Senate - is there a way around it?

According to Article 5 of the U.S. Constitution (emphasis added): The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the ...
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How was the US able to create a Department of Education at the Federal level?

Looking through Article 1, Section 8 of the U.S. Constitution (that part of the document that enumerates the powers of the Congress), there is nothing that talks about Congress' role in education. ...
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Has there ever been a notable proposal to amend Article V of the U.S. Constitution?

Background In the U.S. Constitution, the process by which the Constitution can be amended is laid out in Article V: Article V The Congress, whenever two thirds of both houses shall deem it necessary, ...
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If a law is found to be unconstitutional; can an amendment to the state constitution matter?

In the general sense, let's say a state law is passed, and the courts decide that the law is unconstitutional because the United States constitution prohibits such laws. Can a state amend its own ...
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Mark Levin and The Liberty Amendments: coordination of states proposing constitutional amendments

Article V of the United States Constitution says the following: The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the ...
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Did the US Supreme Court's recent ruling sidestep the issue of judicial review? (Whole Women's Health v. Jackson; challenge to Texas S.B. 8)

The following questions and their extensive answers cover the background of the issues well: How close does the Texas law that bars most abortions after six weeks come to saying 'Defendants can&#...
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How many countries have a single unified document as their constitution?

The foundation of US law and government is the US constitution including its 27 amendments. However most of the time when I look for something similar for other nations, what I find tends to be ...
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Conquest = usurpation?

In the context of establishing a lawfully constituted authority, does conquest1 differ from usurpation2? How is conquest different from usurpation, which is an unlawful way of establishing an ...
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How close does the Texas law that bars most abortions after six weeks come to saying 'Defendants can't assert constitutionally protected rights?'

In the CNN video Toobin: This is the most important question a justice asked CNN Chief Legal Analyst Jeffrey Toobin shares his thoughts on the Supreme Court justices' questions as they hear oral ...
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1 answer
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Where is the process for Presidential Impeachment codified?

The US Constitution Article 2, Section 4, states: The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, ...
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What does 2/3ds the US Senate mean?

For normal bills to pass the US Senate, all it takes is a simple majority. If the Senate is evenly divided (50/50), the vice president votes as to break the tie with a 51/50 or 50/51. But for ...
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Why do the family members of the President involve in politics [closed]

The President is elected not his family then why the family members of the president take part in politics and take part and make speeches in not all but many political meetings.I'm not talking ...
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Having problem in grasping a feature of Directive Principle of State Policy

I am reading 'Indian Polity' by M Laxmikanth, chapter on 'Directive Principles of State Policy'. Please explain the following Stanza with help of an example "The Supreme court has ruled many a times ...
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Is Trump’s barring of select media outlets from White House press conferences a violation of the First Amendment?

I asked this question at law.stackexchange.com where it was closed as opinion-based. From the New York Times: [...] Sean Spicer, the White House press secretary, barred journalists from The New York ...

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