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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Can the U.S. Senate impose a deadline for the House to transmit articles of impeachment?

A follow-up to this question. Background The House has passed articles of impeachment but at present is refusing to transmit them to the Senate or appoint impeachment managers. The effect of this ...
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Can the U.S. Senate hold an impeachment trial if the House "passes" articles of impeachment but does not "transmit" them to the Senate?

After passing articles of impeachment against the President, Speaker Pelosi has announced she will not immediately send the articles of impeachment to the Senate for a trial. What does this actually ...
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To whom does "Madam Speaker" refer during the Trump impeachment debate?

Trump impeachment vote is underway. Every representative is making their case for or against the articles of impeachment. Every one of them is addressing the "Madam Speaker". But what I see is that ...
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Did the founding fathers predict the problem of family presidency?

If the US constitution contained a clause barring family members from taking office, perhaps it would have avoided a problem of corruption, i.e. family run governments. What did the founding fathers ...
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What is the Constitutional precedent for military aid?

Is there any Constitutional precedent for the claim that it is or is not within the rights or duties of the office of the President of the United States or of Congress to grant, to deny, or to suspend ...
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Are there examples of democratic states peacefully changing their constitution without abiding by the rules spelled out in the former constitution?

As an example, changing the US Constitution is extremely difficult as it requires the consent of 3/4 of all States according to the text of the existing Constitution. But in practice any law including ...
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High crimes and/or misdemeanors

In the context of impeachment of a president, the US constitution refers to "high crimes and misdemeanors". The context is ... or other high crimes and misdemeanors. Does that mean ... or ...
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How many hearings can the House hold before calling for a vote on impeachment?

There were House Intelligence Committee impeachment hearings lead by Adam Schiff, this week there is another set of hearings lead by Jerry Nadler for House judiciary committee. What I want to know is ...
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Can the US Congress disqualify a person from holding office without removing them from office?

So, the process of impeachment described in the US Constitution has two punishments: removal from office, and barring that person from holding office in the future. Because the latter punishment does ...
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How are the Queen's royal prerogative / reserve powers executed technically?

It is constitutional convention in the United Kingdom that the royal prerogatives are only carried out on the advice of the responsible minister. It is clear that it would be a political and ...
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If Biden weren't a 2020 candidate, would a quid pro quo to investigate corruption be impeachable?

The US government uses quid pro quos (QPQs) regularly to enforce its political will on entities it does business with: hostage negotiating, pushing of ideals, conflict resolution, etc, etc, ad ...
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Why can the Legislative Branch delegate its confirmation authority of inferior officers, but not its impeachment authority of said officers?

Background In the United States, all "Inferior officers" must be confirmed by the Senate, unless the confiring authority is delegated as per Article 2 Section 2 Clause 2 of the constitution: and ...
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Which were the reasons/need for Israel's "Freedom Of Occupation" Basic Laws?

Israel has some "Basic Laws" that are considered to be a somewhat equivalent to a constitution. In 1994 the Knesset enacted the Freedom of Occupation Basic Law, which states: Every Israel national ...
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Do parliamentary republics have constitutions?

I was looking at the CIA World Factbook and I came across the government type of a parliamentary republic. This is obviously not the same thing as a constitutional republic. I was wondering about the ...
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What effect would the Equal Rights Amendment have, if it ever were to be ratified?

As noted in the article "The Equal Rights Amendment May Pass Now. It’s Only Been 96 Years" there is at least a nonzero chance that the ERA could become part of the Constitution. Putting aside the ...
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Do any democratic countries have mechanisms to prevent one party from dominating for an extended period?

Is there any country that has constitutional or national law that prevents any party from holding an absolute majority for too long? Examples of various ways how it can be implemented: If a party ...
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How can states sue someone in a lower court?

Article III, section 2, clause 2 of the Constitution says In all Cases...in which a State shall be Party, the supreme Court shall have original Jurisdiction. I would interpret this as meaning that ...
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Would it be constitutional for Congress to pass a law making (future) taxi licenses non-transferable?

There's almost certainly no political appetite for this in the US right now, but (in theory) would it be constitutional for a federal law to prohibit state and local governments from selling taxicab ...
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Has the UK Parliament been successfully sued for passing or doing something deemed unconstitutional?

According to some "extrajudicial" comments by justices in R (Jackson) v Attorney General , e.g.: Lord Hope followed on from Lord Steyn Parliamentary sovereignty is no longer, if it ever ...
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Can Parliament be compelled to let the UK leave the EU on October 31st?

Citizens cannot take Parliament to court to force it to hold a General Election, even when they believe that Parliament to have lost legitimacy. Can Parliament be compelled by the courts to not ...
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Which US state constitutions don't have a legislative privilege ("speech or debate") clause?

I read that The United States Constitution and forty-three state constitutions include a Speech or Debate Clause granting legislators a legal privilege for their legislative work. Which US ...
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Legally how would one demonstrate Trump's motive was to solicit interference in the 2020 election [closed]

The whistleblower report makes the following allegation: In the course of my official duties, I have received information from multiple U.S. Government officials that the President of the United ...
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How does Executive Privilege override the clear provision of statute at 5 U.S.C. App. §8H (c) on Whistle Blower Complaints?

With respect to the testimony of Acting Director of National Intelligence McGuire before the Permanent Select Committee on Intelligence, U.S. House of Representatives on September 26, 2019, that as a ...
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Can UK supreme court justices be evaluated ideologically?

The Guardian's play by play account of today in UK politics notes that Geoffrey Cox has raised the possibility of parliamentary confirmation of judicial appointments, as is done in the US, because of ...
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Can the President of the US limit First Amendment rights?

The First Amendment to the US Constitution reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, ...
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Why does a state need a waiver to set emission standards?

"President Trump said Wednesday his administration is revoking a waiver that allowed California to set its own standards for automobile emissions." https://www.npr.org/2019/09/18/761815991/white-house-...
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Can the UK parliament legislate on prorogation? [duplicate]

As I understand it, prorogation is a power which can be exercised only by the monarch who must act on whatever advice they receive from the prime minister. With this in mind, is prorogation ...
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Federalist 57 suggests voting open to everyone in the early republic?

I recently read The Accessible Federalist by Adam Seagrave (a great resource to avoid archaic English). In the Federalist 57, I came upon something interesting. James Madison appears to have been ...
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The Number of Presidencies in the USA [duplicate]

May a president in the USA who served two periods come back after a waiting period and be reelected for more times in pattern much as in Russia?
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If Boris Johnson announces his resignation on 19 October 2019 what happens?

From this BBC article Could a no-deal Brexit still happen on 31 October? Could the government scrap the law? The bill states that it is the prime minister himself who would have to request an ...
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Is there precedent for proceedings on a Bill to be declared void because it should have received Queen's Consent, but didn't?

Wikipedia mentions that If a bill is mistakenly allowed to progress even though the required [Queen's] consent was not signified and the error is discovered before Royal Assent has been given, the ...
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Is is possible to make a federal state with only one federated state to resolve cohabitation inherent to semi-presidential systems?

Is there a way to mitigate cohabitation that is inherent to semi-presidential system by making the unitary state look like a federal one that have only one federated state! I mean is it possible to ...
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Scrapping of article 370 from Indian Constitution

The government of India scrapped off article 370 making Jammu and Kashmir an Union Territory. Is it possible on the part of the government to convert any Indian state to a Union Territory?
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Who cannot be the Prime Minister of the UK?

Other than the ability to survive votes of confidence, are there any rules on who may or may not be Prime Minister of the UK? E.g. could the monarch be the PM? Could a non-UK-national? Could a minor?
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Are there any major differences between the powers of an acting president and the actual president?

Background Sections 3 and 4 of the 25th amendment talks about the role of Acting President. Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker ...
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How were unconstitutional laws invalidated before Marbury v Madison?

Background In the United States, one of the lasting conclusions of Marbury V. Madison was the establishment of judicial review, that is, the ability of the courts to strike down a law as ...
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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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Why did issues about rural district representation not concern framers of the 17th amendment?

Background In the United States, the 17th amendment changed the election of senators from state legislatures to the popular vote: Amendment XVII The Senate of the United States shall be ...
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Pakistan Occupied Kashmir

After India abrogated the Article 370 and accessed Kashmir to the Indian union, there has been huge opposition from the Pakistani administration. What I want to know is whether Pakistan Occupied ...
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The NRA is a major known U.S. lobbying group claiming to protect the second amendment. Do equivalent groups exist for other amendments?

Background In the United States, the NRA's first point in its mission statement talks about its insistence on the defense of the second amendment of the United States Constitution: To protect and ...
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Amending the constitution to allow for multiple presidents

If someone proposed a change to the current system of the president of the United States, like electing three presidents and needing two to sign off on each bill, for example, would this be possible? ...
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Why are machine guns not subject to Second Amendment protections? [duplicate]

There is an argument that any control of weapons in private hands is forbidden by the Second Amendment. However there are several gun control laws that are seemingly unchallenged. Getting a tank with ...
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Why is the US constitution so set in stone and immobile, leading to inevitable anachronisms with the modern world? [closed]

As far as I know, the US is the only country in the world that has surrounded their constitution with a "don't touch, just reinterpret" veil of protection. I live in a country where changing the ...
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Converting a State to Union Territory

Recently Indian ruling government declared a state Jammu and Kashmir as Union territory by splitting the state into two parts. Why was this done, what are reasons for doing this. Background: This ...
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Is Article 370 of the Indian constitution regarding Jammu and Kashmir a temporary provision? Can it be removed?

Article 370 of the Indian constitution is an article that gives autonomous status to the state of Jammu and Kashmir. Mr. Amit Shah, the BJP President, said recently that this provision is temporary, ...
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What will happen to MLAs who were missing for the Karnataka CM HD floor test?

On the floor test day BJP garnered 105 votes of the required 103 since only 205 MLAs (Members of the Legislative Assembly), out of the full capacity of 222 MLAs, were present on the floor. What will ...
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Would it take any sort of amendment to make DC a state?

To achieve statehood for DC, would an amendment to the Constitution need to be passed, or would it just work like a regular territory, i.e. only needing Congress to pass a law?
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Did any of the founding fathers anticipate Lysander Spooner's criticism of the constitution?

In his 1870 work "No Treason" - Lysander Spooner writes: “But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we ...
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What would happen if the Corwin Amendment was ratified today?

Hypothetically let's say 3/4 of the U.S. states ratified the Corwin Amendment, which was designed to protect the institution of slavery from being banned by the federal government: No amendment ...
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Would switching to a proportionate House require a constitutional amendment?

A hopefully not-too-long not-too-short background The bicameral legislature of the USA occurred as an early compromise among its founding fathers, between those who believed in individual ownership ...
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