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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Is legalization of marijuana legal in the United States?

The question posed here is whether the states' partial nullification of the Controlled Substances Act (CSA) is legal. Under the supremacy clause, federal law and statute should trump state law, but ...
10 votes
4 answers
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Are all retroactive laws, ex post facto laws?

In the United States, Congress' seeming inability to pass a fiscal cliff bill before the 1/1/13 12:00 AM deadline has sparked discussion that Congress could potentially pass a bill sometime in January ...
21 votes
3 answers
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Must all democratic countries have a constitution?

It seems to me that all democratic countries, e.g. republics and representative monarchies, also have a constitution of sorts. On the other hand, what defines a democratic country is the "power ...
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6 votes
1 answer
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What’s the Constitutional basis for allowing natural-born U.S. citizens to renounce their citizenship?

The 14th Amendment's first sentence reads: 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 wherein ...
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3 answers
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Are state laws restricting electors' votes constitutional?

Several states have laws that purport to restrict or punish faithless electors for their electoral votes. See Wikipedia's Faithless elector: Legal position. Michigan and Minnesota even claim the ...
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What is the origin of the Presidential signing statement in the United States?

With the increasingly polarized nature of American politics, modern presidents have increasingly relied on the use of signing statements to challenge or augment the implementation of measures they ...
10 votes
1 answer
737 views

What is the legality of using foreign law to decide domestic cases?

There has recently been significant discussion in the United States on the use of foreign law, and foreign legal proceedings, being used as a means for informing a domestic judge's rationale for ...
14 votes
4 answers
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Are local currencies unconstitutional?

In many places around the United States, localities and organizations have been printing money as a means to drive business toward local establishments and raise money for the community in times of ...
14 votes
2 answers
2k views

Can the Equal Rights Amendment still be ratified?

Given that it took the 27th Amendment to the United States Constitution over 200 years to be ratified, would the Equal Rights Amendment that is currently three states short of the required 38 states ...
18 votes
2 answers
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How are conflicts between constitutional and treaty obligations resolved?

The present Constitution of Bolivia, which came into effect on the 7th of February 2009, has this to say about coca (an English translation follows the original Spanish): Artículo 384. El Estado ...
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3 votes
1 answer
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Does Mcullough v. Maryland mean that charitable donations cannot be taxed?

In McCulough v. Maryland, Chief Justice John Marshall promulgated the doctrine the power to tax is the power to destroy. Additionally, as we all know, the Lemon Test prohibits the United States ...
22 votes
5 answers
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How does DOMA get around the "Full Faith and Credit" clause to the Constitution?

Regardless of what one feels about "gay marriage", the recent decision by the Supreme Court to review the case brings up an interesting Constitutional question. Namely, if, say, Maryland recognizes ...
42 votes
1 answer
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Why is West Virginia a state?

First off, I am a resident of the Commonwealth of Virginia, and am completely aware of the circumstances of the creation of the state of West Virginia. In 1863, in the midst of the Rebellion, ...
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1 answer
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What amendment to the U.S. Constitution removed the provision for slaves to count as three fifths of a person?

One of the compromises in the original U.S. Constitution provided that slaves counted as three fifths of a person for the purposes of computing populations and thus allocating seats to the House of ...
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Why was the Electoral College the system selected by the founding fathers?

What advantages did the founding fathers see in electoral college that made them pick it over other potential voting systems?
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1 answer
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What is the constitutional status of military bases?

Does the United States Constitution have any amendments related to foreign bases? Technically foreign bases aren't U.S. territory, but they must have some laws.
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2 answers
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Constitutionality of the Income Tax

There is a growing movement in the United States of Americans that call into question the constitutionality of the Federal Income tax in the modern age. Understanding that the income tax first came ...
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26 votes
4 answers
80k views

Why do the supreme court justices have a life term period?

The justices of the Supreme Court of the United States is composed by chief justices which have a life-term period on that position after they are "elected". I have always asked to myself why some ...

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