113 votes

Why is there no process in the United States to remove and re-elect the President?

One of the main reasons was that the President - even now, never mind in Founding Fathers' time - is not the "head of government", the way Prime Ministers are in Parliamentary systems. The President ...
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113 votes

Does the Constitution allow a woman to be President of the United States?

When the US Constitution was written, "he", "him" and similar were used to refer to all persons regardless of sex. Per Lexico (which claims to use the Oxford English Dictionary as ...
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  • 3,975
112 votes
Accepted

What does Kanye (Ye) West actually mean by "Abolish the 13th Amendment"?

He seems to have meant amending it (quote below) to remove the clause permitting slavery and forced labour as punishment for a crime. So let us ask this possibly dicey question: What, exactly, was ...
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  • 18.1k
93 votes

Can a US President declare a "State of Emergency"?

The USA is in a state of emergency, and has been since the terrorist attacks of 9/11/2001. The state of emergency was declared by former President G. W. Bush: Proclamation 7463—Declaration of ...
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  • 700
85 votes
Accepted

Does this argument against healthcare as a right not apply to a "speedy and public trial"?

One difference is that the trial (and, behind it, criminal prosecution and legal punishment) is something the state is organising for its own purpose in the first place. The right to a speedy trial is ...
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  • 29.7k
84 votes
Accepted

Why does the government not introduce an amendment to the constitution to allow abortion?

Because it likely wouldn't get passed. In order for a Constitutional amendment to be passed, it currently needs 38 state legislatures to support it. For practical purposes, it also needs ...
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  • 22.8k
83 votes

Does the Constitution allow a woman to be President of the United States?

Male pronouns can be found all over the constitution. I look at Article I, Section 3: No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a ...
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  • 27.7k
83 votes
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What is the political reason for the U.S. House to adopt a resolution that essentially reaffirms the Constitution?

My naive understanding (correct me if I'm wrong) is that the Constitution is already the supreme law and nothing can be above it, nor Congress Resolutions. If anyone acts against the Constitution, it ...
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  • 52.8k
74 votes
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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?

It looks to me as if the Harvard Law Review is engaging in a rather laboured joke, in the spirit of Swift's A Modest Proposal. To be more precise, it seems to be a satire on the temptation to change ...
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  • 5,697
70 votes

Why are separate bathrooms for men and women not in violation of the rejection of "separate but equal"?

The constitution does not say anything about 'separate but equal', for or against, directly. So the easy answer is that separate bathrooms are not a violation because you can't violate something that ...
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  • 6,866
68 votes
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Is the National Popular Vote Interstate Compact constitutional?

The interstate State Compact, if it ever was implemented by states representing 270 or more electors would almost certainly be tested in court. Until it is tested in the Supreme court, nobody can ...
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  • 92.7k
62 votes
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Did any of the founding fathers anticipate Lysander Spooner's criticism of the constitution?

Benjamin Franklin seems to have anticipated Spooner's argument. When asked what he and his associates had created, Franklin replied, A republic, madam, if you can keep it. The point being that in ...
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  • 1,349
60 votes

Does the Constitution allow a woman to be President of the United States?

A definitive interpretation of the constitution can only come from the Supreme Court in the US. The court has not ruled on this. However Supreme court justicies have given their interpretation of the ...
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  • 92.7k
57 votes
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Why didn't Barack Obama try to force the Senate to hold hearings on SCOTUS nominee Merrick Garland?

In short: separation of (coequal) powers means the President can't order any such thing of Congress. Congress does as it wills, and the constitution has very little to say about whether it does its ...
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51 votes

Why didn't Barack Obama try to force the Senate to hold hearings on SCOTUS nominee Merrick Garland?

It's worth noting that Obama actually did attempt an end-run around Congress in declaring that pro-forma Senate sessions were, in fact, a "recess" as defined by the Constitution. As such, he made some ...
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  • 38.4k
51 votes
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Can the President of the US limit First Amendment rights?

The reason this isn't a loophole is that The President doesn't have the power to make laws at all, only Congress can do that. Thanks to the vast expansion in the power of the Executive branch in ...
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  • 25.7k
51 votes
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If the US Senate votes to not pass a bill, can the House of Representatives overrule that vote?

No, the House of Representatives does not have the power to overrule a Senate veto. Article I, Section 7 is quite clear that a bill needs to pass both the House of Representatives and the Senate in ...
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  • 27.7k
50 votes
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Can the Supreme Court overturn an impeachment?

In Walter L. Nixon v. United States (unrelated to President Richard Nixon), the court held that the judiciary could not review impeachment proceedings. According to the constitution, the House has the ...
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  • 1,794
46 votes
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Could the second amendment be, well, amended?

Yes, the constitution can be amended. In fact the second amendment is just that: an amendment. You can continue to add new amendments, even on existing amendments. This has actually already happened....
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46 votes
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In the US, what is the role of and relationship between federal law and state law?

Division of Powers Between State and Federal Governments There are some powers that are reserved solely to the federal government, some that can only be exercised locally or by the states, and yet ...
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  • 7,444
46 votes

Why is there no process in the United States to remove and re-elect the President?

@User4012 makes some good arguments, I'll add a few. The Founders greatly underestimated the relative power of the Congress and the President and expected that the Congress would turn out to be the ...
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  • 52.8k
43 votes

Does this argument against healthcare as a right not apply to a "speedy and public trial"?

The right to a speedy trial just means that the prosecutor may not delay the trial unreasonably. The prosecutor is not actually required to provide a trial. The trial is a requirement to keep the ...
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  • 88k
43 votes
Accepted

Why was Congress able to create an Air Force without a constitutional amendment?

In a dissent in the case of Laird v. Tatum, Justice William Douglas argued tangentially that the creation of an air force is legal as per Article of 1, Section 8 of the Constitution: The Army, Navy,...
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  • 1,814
40 votes

In the US, is there any crime for which the punishment is slavery?

Are prisoners considered as slaves? Prisoners are held in prison due to their breaches of laws, prisoners remain in prison for specific terms, prisoners cannot be traded, prisoners have rights (...
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  • 27.5k
39 votes

Can the U.S. Senate hold an impeachment trial if the House "passes" articles of impeachment but does not "transmit" them to the Senate?

Yes, the Senate can hold a trial, but they would have to change their rules first in order to do so. There's no Constitutional requirement that the Articles of Impeachment be somehow "sent" ...
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  • 3,975
39 votes
Accepted

Why can't the public vote to impeach a president?

Since the public decide whom to elect as a president, why can't they vote on impeaching the president? The public doesn't (directly) decide whom to elect. The president is elected by the Electoral ...
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  • 552
38 votes
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To whom does "Madam Speaker" refer during the Trump impeachment debate?

"Madam Speaker" is not Rep. Pelosi, but Rep. Diana DeGette, a Democrat from Colorado, who is serving as speaker pro tempore and presiding over the US House of Representatives for the debate on the ...
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  • 1,327
38 votes

Why is the Second Amendment to the US constitution structured differently from all other amendments?

This seems to go back to the various texts that inspired the Bill of Rights. In particular the "Virginia Declaration of Rights" (by Virginia anti-federalist George Mason) This reads: That a ...
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