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 may Myanmar modify the constitution and keep off the military from politics?

In January 2019, the National League for Democracy pushed for constitutional reform, but was unsuccessful because any changes required 75% approval in the legislature, and 25% of seats are reserved ...
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Can US legitimately stop being a democracy if president will not concede? [closed]

After watching this video https://www.youtube.com/watch?v=WZWRhLW7Y8w, I was surprised that US Constitution effectively does not protect country from stop being democratic. Will actions described in ...
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What's the difference between state legislator and congress member?

I was reading this article. As a non-US citizen, I wonder what does State Legislators mean. I know that US political system is bicameral: senate and congress. This extends from the federal level to ...
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In case of an electoral college tie, can a regular House vote prevent the "en bloc" House vote from happening?

Should neither candidate for president get to 270 votes in the electoral college, the twelfth amendment to the constitution specifies that the House of Representatives "shall choose immediately&...
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What is going on with the constitutional court in Ukraine?

Recently, Ukrainian President Volodymyr Zelensky submitted a bill to the Verkhovna Rada (Supreme Council of Ukraine) proposing to terminate the powers of all Constitutional Court judges. It's a bit of ...
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Which parts of Chilean constitution need to be changed?

Yesterday (25th of October 2020) Chile voted overwhelmingly "Yes" in a referendum to change the constitution. I guess that's a good thing since the previous constitution was drafted by ...
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How does Estonia calculate the date of their parliamentary election?

The Estonian Constitution has a narrowly defined date for its parliamentary election. Constitution of Estonia: Regular elections to the Riigikogu shall be held on the first Sunday in March of the ...
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When would new states get representation?

After the 2020 US election, suppose that the Democrats end up controlling both houses of congress and the white house, and that their first action is to give statehood to DC and/or Puerto Rico. When ...
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5 votes
3 answers
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Why did the US Presidential job become partisan?

The US constitution intended the president to be non-partisan. Why did the founders not write some controls and checks to prevent the president from being in a league with a political party?
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What additional measures, within presidential authority, do people say the president should take against Covid-19?

It seems Donald Trump is under heavy scrutiny from a lot of the media and his political opponents for failing to appropriately respond to Covid-19. My question is: what more could he have done that ...
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What does it mean when a Constitution says the "Government" or the "Cabinet" has the power to dissolve the Parliament?

In some countries (e.g. Sweden), the power to dissolve the Parliament is explicitly vested in the Government (or "Cabinet" in other countries). In reality, how does a Cabinet actually order ...
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What is the political reason for the U.S. House to adopt a resolution that essentially reaffirms the Constitution?

Recently, the U.S. House of Representatives adopted a resolution, H.Res.1155, committing to the peaceful transfer of power after the election. The Resolution text is fairly short: Resolved, That the ...
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Why are American Juvenile Curfew Laws not Unconstitutional?

Many jurisdictions in the United States have curfew laws, which prohibit youth of a certain age (usually under 18) from being in public or in a business establishment during certain hours. Given the ...
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Could a preemptive pardon protect someone being pardoned from state prosecution? [duplicate]

I saw a video from David Pakman where he goes on an opinionated discussion about whether Trump could have Pence give him a preemptive pardon. Here is what he says: presidential pardons only protect ...
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Does the Constitution allow a woman to be President of the United States?

The Constitution of the United States of America frequently refers to the President using male pronouns. For instance: He shall hold his Office Not once is the president referred to with a female ...
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How could a constitutional amendment be passed granting Guam one electoral vote?

I was thinking about Guam. What would happen if Guam were not made into a state but given one vote in the Electoral College? A purpose of this is to give Guam a say in the political process nationally....
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What does 'such other body as Congress may by law provide' in the 25th amendment actually mean?

Regardless of who wins the 2020 presidential election, the US will officially have the oldest person to ever begin a term as president. While advanced age does not mean an individual is unfit to ...
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Does the President have the legal authority to provide Coronavirus relief by an Executive Order?

After negotiations between Democrats and Republicans broke down, President Trump signed an executive order that provides $400 in weekly unemployment aid and defers payroll tax for those earning under $...
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Is a presidential candidate required to pick a running mate?

If the Vice President dies or leaves office early, the President is not required to pick a new VP, making the Vice Presidency vacant. Does this mean that a presidential candidate does not have to ...
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Who has the power to surrender in a war in the US?

Congress has the power to declare war and the president signs the declaration (or vetos) as well. Who has the power to surrender in a war? Would congress have to vote to surrender?
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What would happen if the SCOTUS were themselves to be part of a lawsuit?

Let us say that in the future the very institution of the SCOTUS is involved as a plaintiff or defendant in a case (maybe a land dispute on which the court stands or for whatever reason the SCOTUS and ...
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Will the creation of a Washington DC state be unconstitutional?

If the House of Representatives and the US Senate ever pass a bill duly signed by the President creating a new state out of Washington DC can it be held as unconstitutional as it is required by the US ...
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Has the House Judiciary Committee abused congressional oversight “authority”?

Though the U.S. Constitution makes no mention of congressional oversight, there is a strong argument that getting information is a necessary part of writing effective legislation. However, in watching ...
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If the US Senate votes to not pass a bill, can the House of Representatives overrule that vote?

Background: During a conversation about politics, I mentioned that one party in the US might try to amend the Constitution so that, should a bill pass the House of Representatives but be voted down in ...
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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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How can the federal government "own" states? [closed]

Nevada's borders look like this: However, most of this "state" map is actually property belonging to the federal government. How does this ownership work? Namely: Does the federal ...
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Is the National Popular Vote Interstate Compact constitutional?

I read recently that Colorado will have a version of the National Popular Vote Interstate Compact on their ballot in November. Considering that this bill functionally eliminates the Electoral College, ...
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What does the Tenth Amendment actually do?

The Tenth Amendment to the US Constitution says: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to ...
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What protections does the 1st Amendment offer US citizens in terms of local and state law?

With the George Floyd protests going on I keep seeing news about curfews as early as 6pm, police driving by peaceful gatherings and firing chalk rounds or arresting people for illegal gatherings, I ...
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What is the constitutional logic for a republic to have a sovereign immunity law?

Looking at this list, it seems like most sovereign immunity laws exist in countries with monarchies, which makes sense both historically (an artifact of the principle of rex non potest peccare); and ...
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Can individual US states exchange territory without the approval of the US Congress? [duplicate]

The Admission Clause of the US Constitution reads as follows: New States may be admitted by the Congress into this Union; but no new States shall be formed or erected within the Jurisdiction of ...
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Is it constitutional for a US government agency to enforce consumer product quality?

It surprises me that in China every product shows what quality standard it follows (e.g. YY0469 for surgical masks and GB2717 for soy sauce). Apparently all products for domestic sales are required to ...
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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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Why does WHO have a constitution?

So, while doing some research on on the World Health Organization (WHO), I noticed it had a constitution. I found this weird, because I always had associated the word "Constitution" with countries, ...
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5 votes
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Which powers allow the President to adjourn Congress and unilaterally approve nominees to federal positions?

This article describes Trump's Covid-19 press conference on April 15th, in which he stated that: "I have a very strong power. I'd rather not use that power, but we have way over a hundred people ...
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Griswold v. Connecticut and the selling of contraceptives

During his confirmation hearing (video, at minute 10:20), Robert Bork talked about a case called Griswold, which eventually ended up in the Supreme Court. The Connectcut law apparently "prohibited ...
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If all but one Congressman are killed, does a new Congress have be chosen? [duplicate]

If (as in the show “Designated Survivor,”) all Congressman but one are killed, would it be possible (in the US Constitution) for actions of Congress to be taken by the sole remaining Congressman? ...
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Can President Trump ban all remaining presidential primary elections in an effort to contain the Coronavirus outbreak? [duplicate]

I am wondering if President Trump has the constitutional authority to ban all remaining presidential primary elections in all the states in an effort to contain the Coronavirus outbreak?
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Is it a concern to the US, that leading their leader in handcuffs out of the White House would look weak to other countries? [closed]

I am wondering how for example something like the "Nixonian Deal" (Nixon leaving office "voluntarily" in exchange for being pardoned later) could occur. What kind of leverage does a President have in ...
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Is it true that a man in the US is only given the right to vote if he accepts the draft?

Is it true that men are only given the right to vote if they agree to give to government the right to conscription? Of course, women only need to be 18 and have no further obligations put on them? How ...
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Is today’s European Union more or less integrated than the United States under the Articles of Confederation?

As the question title suggests: as far as I know, the Articles of Confederation allows each state to make trade agreements, a right that is not available to today’s EU members. But the United States ...
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Could an American presidential election be overturned by state legislatures?

If a political party (Party A) has a nominee that Party B does not like and Party A’s candidate wins by a relatively small electoral margin (318 to 220), can party B appoint sham electors to vote for ...
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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 can a Chief Justice break ties in the Senate during an impeachment trial?

I came across a Politico article that suggests that Chief Justice John Roberts can vote to break ties in the US Senate during an impeachment trial. Unless Chief Justice John Roberts shocked ...
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A new proposal suggests subdividing Washington D.C. into 127 new states so that they can change the Constitution at will. Is this possible?

There is a new proposal in the Harvard Law Review titled: "Pack the Union: A Proposal to Admit New States for the Purpose of Amending the Constitution to Ensure Equal Representation". Lamenting the ...
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What is the name of this kind of political regime run by AI? [closed]

What is the name of a political regime where an Artificial Intelligence rules all and make decisions?
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Doesn't the Ninth Amendment Prohibit Any Preference based Law, Ordinance or Policy?

The Ninth Amendment states: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. So how is it lawful that laws or ...
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Does the Tenth schedule of the Indian Constitution mean that MPs are not allowed a free vote?

According to Schedule X of the Indian Constitution Members of Parliament can be disqualified under the following condition: (b) if he votes or abstains from voting in such House contrary to any ...
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The authority to convene a new House of Representatives

On the wikipedia page for the Clerk of the US House of Representatives, there is a passage: To preserve the legal continuity of the House, the existence of the House is vested in the Clerk at the ...
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Why can't the public vote to impeach a president?

I am new to American politics, so this question maybe very fundamental. I understand that impeachment is a legislative process akin to criminal indictment, and the House and the Senate compose the ...
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