Constitutionalism - Science topic

The recent decision by California to sue the President over executive overreach raises serious constitutional and political complications. The lawsuit is not just a symbolic gesture; it represents growing concern over the erosion of federal balance and the blurring of executive and legislative boundaries.

What makes the situation worse is the apparent disconnect between the administration’s inner circle and the pragmatic realities of how American systems and institutional layers’ function. If anything, this President increasingly behaves like a legislator, obsessed with pushing sweeping laws rather than respecting the limits of executive power. And worse still, those around him seem either unable or unwilling to curb that impulse.

His latest proposal, the “One Big Beautiful Bill Act,” bears an unmistakable resemblance to President Reagan’s 1981 Economic Recovery Tax Act, only amplified in scale and ambition. Historical precedent should serve as a warning. Following similar tax reforms, particularly under the 2017 Tax Cuts and Jobs Act (TCJA), corporations largely used the resulting tax breaks not to drive long-term economic investment or job creation, but to buy back their own stock. In fact, stock repurchases surged from $519.4 billion in 2017[1] to $806 billion in the wake of those policies.[2]

If history is any guide, this new bill is poised to repeat that same pattern: enriching shareholders in the short term while deepening structural economic inequality and increasing federal debt.[3] Meanwhile, Congress, after 25 years of steady decline in oversight and effectiveness, has shown itself increasingly incapable of serving as a meaningful check on executive ambition. Most recently, the House passed the One Big Beautiful Bill Act despite not one, but two clear precedents warning that its core provisions are likely to do more harm than good, especially in terms of cost-benefit outcomes.

California’s lawsuit may mark a critical turning point. As federal institutions continue to weaken in both credibility and function, states—potentially even Republican-led ones—may begin to reassert their autonomy more aggressively. What is emerging is not just a legal battle, but a broader rebalancing of federalism itself. This struggle echoes earlier debates over states' rights, though the motivation today is less ideological than practical: states are reacting to federal dysfunction with self-preservation.

There is a great deal at stake. Whether or not California prevails in court, the mere fact of the lawsuit signals a broader shift. Power in America may be moving, slowly but steadily, back toward the states, redefining the architecture of our federal system in real time.

Bibliography

Economic Policy Institute. “The TCJA Overwhelmingly Benefited the Rich and Corporations While Overlooking Working Families.” Press release, December 17, 2019. Accessed June 8, 2025. https://www.epi.org/press/the-tcja-overwhelmingly-benefited-the-rich-and-corporations-while-overlooking-working-families/.

S&P Dow Jones Indices, “S&P 500 Stock Buybacks: Q4 2017 and Q1 2018 Estimates,” March 21, 2018, accessed June 8, 2025, https://www.spglobal.com/spdji/en/documents/index-news-and-announcements/20180321-sp-500-buybacks-q4-2017.pdf.

S&P Global. “S&P 500 Q4 2018 Buybacks Set 4th Consecutive Quarterly Record at $223 Billion; 2018 Sets Record $806 Billion.” March 25, 2019. Accessed June 8, 2025. https://press.spglobal.com/2019-03-25-S-P-500-Q4-2018-Buybacks-Set-4th-Consecutive-Quarterly-Record-at-223-Billion-2018-Sets-Record-806-Billion.

Tax Policy Center. “How Did the TCJA Affect the Federal Budget Outlook?” Last modified January 2024. Accessed June 8, 2025. https://taxpolicycenter.org/briefing-book/how-did-tcja-affect-federal-budget-outlook.

[1]S&P Dow Jones Indices, “S&P 500 Stock Buybacks: Q4 2017 and Q1 2018 Estimates,” March 21, 2018, accessed June 8, 2025, https://www.spglobal.com/spdji/en/documents/index-news-and-announcements/20180321-sp-500-buybacks-q4-2017.pdf.

[2] S&P Global, “S&P 500 Q4 2018 Buybacks Set 4th Consecutive Quarterly Record at $223 Billion; 2018 Sets Record $806 Billion,” March 25, 2019, accessed June 8, 2025, https://press.spglobal.com/2019-03-25-S-P-500-Q4-2018-Buybacks-Set-4th-Consecutive-Quarterly-Record-at-223-Billion-2018-Sets-Record-806-Billion.

[3] Economic Policy Institute, “The TCJA Overwhelmingly Benefited the Rich and Corporations While Overlooking Working Families,” press release, December 17, 2019, accessed June 8, 2025, https://www.epi.org/press/the-tcja-overwhelmingly-benefited-the-rich-and-corporations-while-overlooking-working-families/; Tax Policy Center, “How Did the TCJA Affect the Federal Budget Outlook?” last modified January 2024, accessed June 8, 2025, https://taxpolicycenter.org/briefing-book/how-did-tcja-affect-federal-budget-outlook.

Are there more women in Kenya Boardrooms in both public and private sector since the constitution of 2010? what articles are discussing this?

Dear colleagues, could someone suggest some literature helpful for getting a better overview of the relation between the two theoretical approaches to me? Or even better, provide me a brief comparison here, if possible? Thank you in advance.

Many countries recognize a right a healthy environment, etc. constitutionally. But what of those that recognize a right to water? I don't mean a water rights, by the way, such as to appropriate. I mean a right to access potable water.

Discuss the legacies of british colonialism in the 1999 constitution of nigeria ?

social rights

criminal procedure

Select the most important civil and political rights that were mentioned in the effective constitution of the Republic of Iraq for the year 2005?

What are the new trends in studies of the Constitutional Block or the Block of Constitutionality?

As we are seeing, the members of electoral college from the J&K and Ladakh assembly did not participate in the election of Indian president. But these two are federally administered union territories where the President governs in accordance with law. So, the newly elected President of India does not represent these two areas in the same way she represent other parts of India.

In this context, why the governance of these two UTs under President's rule not ultra vires to article 14 of the Indian constitution and against the philosophy of democracy enshrined in the preamble of Indian Constitution?

This week, the fomer Chief Justice of Bangladesh has been convicted of grevious financial offences committed during his tenure. During his tenure, he played a key role in number of landmark cases where he demonestrated an extensive range of judicial activism on a wide range of issues. These judgments consist of numerous dicta on important political and historical events (which are more of his personal opinion, reasoned of course) which were widely criticized by both academic and political community.

As the judges are not any impartial machines rather they are the makers of law in one sense and a high level of moral integrity is expected from them, does his involvement in serious offences during the tenure when he provided these dicta, weaken the binding force of the judgment he had given?

Granting the constitution the right to propose its amendment to the President of the Republic and the Council of Ministers collectively, as well as granting this right to the House of Representatives, provided that the request for amendment is submitted by five of its members.

In the event that a draft amendment is submitted, it requires that it obtain the approval of two-thirds of the members of the House of Representatives, and then the approval of the people in a public referendum, and then the approval of the President of the Republic within seven days.

The constitution prohibits the amendment of basic principles, rights and freedoms. It also prohibited any amendment that detracts from the powers of the regions that are not within the exclusive powers of the federal authorities.

Any constitutional amendment approved by the aforementioned mechanism shall be effective from the date of its publication in the Official Gazette.

If the judges don't are elect for popular voting, why would they have - in terms philosophical, and not in legal terms - legitimacy to fail to apply a law approved democratically by legislative?

The "Basic Feature" doctrine in constitutional law has its realistic origin in India. By the Kesavananda Bharati & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) no 135 of 1970) it got final face in India. But it was adopted in some other countries as well (like Bangladesh and Pakistan). It makes some parts of a constitution unamendable. The normal process of amending the provisions of the contitution doesn't apply for these parts. And this theory is distinct from the French concept of "Constitutional Block" (established by the Constitutional Council in the case of (71-44DC)). However, this basic feature doctrine basically protects the fundamental basis of the constitution, like governmental form, fundamental rights, directive principles or preamble, to some extent.

But one question remains,if you think that a balance between extreme rigidity and extreme flexibility is preferred then what is your view on imposing an extra layer of protection over some constitutional dictrines which have the features to be called as the basic feature of a constitution?

Hello everyone!

The absence of ethics in society today, in all its context, leads one to think that our children are not educated / prepared to assume a character of correct procedures in life in society!

This involves from the student who tries to deceive the teacher with evasiveness to absent themselves from classes and even to consult materials at the time of evaluations, in order to obtain advantages for themselves, in the form of a better grade.

Also, in society, when our agents use false documents to obtain financial advantages, by diverting public resources, which should be used in the health and education of the population. Or, still, to maintain themselves in power, they make excruciating agreements, forgetting the oath they made, before the constitution of the country.

In particular, I think there has been a lack of teachings, over the school years, for a large number of people to have such attitudes throughout their life in society.

All this panorama, very present in the current moment of Brazil, motivates to invite them to reflect on this, in the form of contributions, examples, criticisms and suggestions!

Thanks in advance for all contributions!

Working on the South Korean constitution in comparative perspective and want to deepen my understanding of the text itself.

Nepal’s constitution does not state clearly about political affiliation or membership as criteria for ineligibility for the position of the judge. Can they remain members of a political party? Or can a person who served as a parliamentarian be appointed in the position of judge? How can possible conflict of interest be avoided?

Although the 23 February decision of the Supreme Court on house dissolution set a precedent and firmly established the separation of powers between three branches of the state and established constitutional supremacy, the time taken by the Supreme Court to determine the bench and the prolonged hearings of the case raised serious doubts on judicial fairness. All eyes were on the Supreme Court regarding whether the Court would be able to protect constitutionalism and maintain its integrity - keeping itself away from the political influence.

Public perceive that the judges are and can be influenced politically. Nepal's judicial history has proved that the political influence is the most common threat. Historical evidence shows that during the royal regime, it was controlled by the King and the royal palace and after the establishment of democracy by the political forces – judges are appointed based on political affiliation and political bhagbanda (sharing) and family ties. The provisions of the Interim Constitution, 2007 and the current Constitution, 2015 governing the selection, appointment and removal of judges reflects absolute political control over the judicial branch. Many of them owed their preferment to their party connections and disincline to sever against them undermining judicial integrity and independence.

The Kurdish situation is unique in Iraq when the Iraqi constitution granted Kurdistan region extensive powers.

Every human group aims to achieve certain purposes is a reference document that it adopts for you to refer to, whether this document is written or not.

An explanation of the role of civil society in promoting constitutionalism in Africa

Africans leaders are using constitution to rule their countries but its constitution without constitutionalism because thy are not following the demands of constitution. Africans leaders are they following their constitution. Focus on the issue of democracy. There is no voice of people in African countries. Activist are now under captivity if they try to raise a voice against the government. So help me with many points to come out with a good argument.

The size in people and territory of nation has grown. Technology is advancing where a shooting war is a danger danger for all. The next step seems to be a world order with one federal authority with the only military command.

More recently, the British empire failed after a few centuries of hegemony. The US helped in WW1 nd WW2. The League of Nations failed. The US has tried "liberal hegemony" which means it tried to export humanitarianism and democracy. It is failing. (Stephen W. Walt- "The hell of good intentions''). he UN is failing.

What are the next set of ideals (should ...) to advance humanity solve the "is..." issues? What articles should the constitution have?

What I want to know is, is there any law in indian constitution or in wildlife act according to which any particular society/tribe is entitled to hunt wildlife freely throughout the year or in a particular period of time!?

Ive been collecting and documenting these kind of mass hunting by the villagers for a year now.

Pdf attached .

Nobody is in favor of extinction and all countries have laws intended to reduce extinction risks for native species of plants and animals (although never explicitly microbes, as far as I know). Zero extinction at the national scale is potentially achievable for plants, at least in the temperate zone, and is an implicit target for birds and other vertebrates for most countries. But does any country have a broader commitment to zero extinction for all (or all non-microbial) native taxa?

Many presidents in the Middle East in general and the Arab world in particular, assume power in general elections. But later on, they become dictators and remain in power for tens of years. They even change the terms and items of the constitution for their interests to remain ruling the country as if they are the only ones qualified to be presidents. Your comments are highly appreciated.

EMPLOYEE ENGAGEMENT is increasingly in demand by academics as well as improvements. The facts submitted regarding academic interests are quite significant in conducting research on employee involvement and publishing the results of their research over the past 5-10 years. Saks (2006) states that research on employee involvement in academic literature is no longer needed. In other words no one agrees about research on employee involvement. Nonetheless, it has developed research related to involving, involving research finding the best ways to discuss and manage involving, related problems still unresolved. More than 10 employee engagement issues or questions related to researchers and those involved in work-related fields. The following can be asked the main questions related to employee endorsement that may be requested are: 1. How do we approve the engagement and characteristics and constitution? 2. Can you enjoy the "old wine in a new bottle"? 3. What theories can be used to explain engagement? 4. Are we involved too much? 5. Are there fluctuations in involvement throughout the day, week, month of work? 6. How is measuring involved with the company, the leader, the work team, the work environment, or the job itself? 7. What are the main performance driver for engagements? 8. Are there engagement relationships with the results of the company's work and organizational performance? 9. What can be done to maximize or optimize involvement in organizational or corporate governance? 10. What are the main areas recommended for further research related to engagement?

I am working on project connected with human rights in Israel and looking for text by a. reichmann Judicial constitution making in a divided society: The Israeli case . Have you maybe got it and could share to me

You refered to the article 11 of the Japanese constitution in your recent paper (The Anthropocene concept as a wake-up call for reforming democracy) . This article 11, however, still remains nothing more than a sheer ideal or cliche. We japanese have neither any Constitutional Court nor OFG. The Supreme Court is institutionally provided with the right to overrulle any law it judges as unconstitutional; But, it has rarely, if ever, excercised this right. A great majority of the Japanese voters are most nlikely, so seems to me, to acccept the concept of Future Branch powerful enough to check and contain the popular/parliamentary sovereignty. I would much appreaciate if you let me know how it is possible to 'launder' people's political preferences

Yukio Adachi

I need a concise explanation on the 'appropriate method for removal of oil from ground nut'. The groundnut substrate is meant for the constitution of a Bacterial growth medium. Thank you.

Dear scholars,

I wish to confirm whether you know of any country (perhaps yours) which has not entrenched local government structures and oversight institutions in their respective country constitutions.

What would be your view of the of a country which has not entrenched the said institutions in the constitution?

As usual i remain indebted to your scholarship.

Regards.

I am not an historian myself, just have some interest in the topic. I would be very interested to read a general intro to your work on the 1936 constitution.

Thank you,

Best regards,

Godefroy Clair

Mechanism of producing constitution in the humans

what is the role of constitution in acceptance of diseases?

Don't you think the metapsychological concept of pulsion would be interesting in characterizing the conversion between intéroceptive information about the status of the organism, and its psychic manifestation in object oriented seeking of satisfaction? The initial information about the state of the organism could then transfer itself into a behaviour, or mediate it through thinking, and even modulate the constitution of the object in intentional consciousness.

I am trying to simulate a reactor that uses a liquid catalyst. This is a proprietary one and I am unaware of its exact composition. I have the rates of the reaction assuming it to be an unknown species. Is there a way to simulate a CSTR in Aspen with the rate data assuming the catalyst and intermediates to be unknown?

Diffeent federations provide states with different levels of autonomy in what regard their capacity to frame their own constitutions and define their own constitutional rules. What differentiate federations in what concern this issue?

The declaration is enshrined in the preamble of the constitution and the constitution further highlights some National Values and principles such as Morality and Ethics, Patriotism and National unity, Human dignity, Equity, Social Justice, Democracy and Constitutionalism, Good Governance and Integrity. Is it workable to mainstream Christian values in a pluralistic society in the key aspects of its life (Government Business, Media, Education, Society and Family)? 

I have to find out mineralogical constitution of fly ash

A decade ago I started this question on who decides the fate of people in democracy. The adopted constitution through political representation was expected to sense the need of nation and work towards progress of the citizens. But world political order and national politics are into the grips of market, capital and powerful lobbies of media, businessmen and politicians. Whether democracy is too taken over by the capitalist idea of domination by few on the hard work of majority.

The government used a warrantless StingRay to track down a phone number. They got the number from a third party (A store worker who claimed someone with the same name of the criminal gave their number). When the government received this number, they used a StingRay to find it.

Thank you,

Dr. Sartre

I'm putting together a reading list for a course, and I'm having trouble finding a good, concise analytical overview (neither a puff piece, nor a hatchet job) on the Bolivarian constitutional model. I want to pair it with the classic Gargarella article on the three types of historical Latin American constitutions (conservative, liberal, and majoritarian/radical). I think the Bolivarian model fits in that third category (majoritarian/radical), but I'd like an article that discusses a constitution more recent than the 1800s. Thanks!

The Brazilian Constitution establish a legal obligation to federal government to have a medium term strategic plan, the pluriannual plan. I wonder if there is any other country with similar obligation.

I am particularly interested in the role of the UN in post-colonial constitution-making processes, not so much in its post-Cold War activities. Thank you very much indeed!

I am researching the impact of the constitutional right to equality on freedom of testation in South African law and have come across an argument in case law that freedom of testation in South Africa enjoys constitutional protection under the right to property in section 25 of the 1996 Constitution.  No South African court has expressed a firm view on this argument so I am therefore looking for journal articles devoted to this issue.  Thank you.

I am looking at the relationship between transformative constitutionalism and freedom of testation.  I have read articles by Davis, Klare, Moseneke and Van Der Walt and would like to read similar articles from other authors as well as other jurisdictions outside South Africa.

The four coups to date and the perception of a generational ‘coups culture’ are they only the symptoms to much wider issues?

Was Mr Bainimarama ‘grasping at straws’ with his “Look North Policy” in an attempt to generate external means to support the Fijian Government, or are these policies a politically naïve attempt to re-engage with Australia and New Zealand on more equal terms?

In order to achieve peace and stability in Fiji – is this best conducted internal to the country or with external assistance sanctioned by all key players in an attempt to better understand and resolve the drivers to the ongoing conflict?

Does not the depth of ingrained racial tension in current time lead to a continuance of previous colonial and post-colonial (1970-1987 and then building up to the 2006 Coup) attitudes?

If restorative justice has not been successful in the past, and the rule of law has not worked where the continuance of Militocracy continues, what alternative avenues are there within a South West Pacific environment that may be considered acceptable as a method of resolving this conflict?

How do you set about resolving such ingrained historical grievances in Fiji where there is little desire for them to be resolved in an impartial manner in the first place?

What do you consider to be the drivers to seeking a path of resolution in the current climate of Fiji?

What would be the result if the UN turned to the interim Govt of Fiji and said – resolve your democracy issues and maintain a free and fairly elected government or we will no longer accept Fijian military personnel on UN missions in any capacity?

How can Fiji resolve its own issues constitutionally, particularly where there is continual change to the constitution based on personal whim by a few key actors in this crisis?

In the Fijian example, would an open invite would need to be issued by the Fijian President with concurrence from the Prime Minister and Commander RFMF to provide clarity for any group providing governance assistance? If so, to what countries would Fiji look toward in the provision of governance assistance, particularly as the September 2014 elections draw closer.

With the sanctions imposed by Australia and New Zealand having essentially failed, is there any hope of return to 'normalcy' in political relationships between Fiji, Australia and New Zealand?

Will Mr Bainimarama accept the election results of the 2014 elections if his party not win the people’s vote or will he revert to Militocracy?

Since 2010 Burma/Myanmar is doing such a great gesture of democratization, from the constitution renewal and the election in 2012. But what's the reason behind this sudden change?

Burma has adopted a Constitution in 2008, which features fake federal system. It has a long history of ethnic conflict between majority Burman and many other ethnic minority groups. The political system under the current Constitution is 2008 semi-presidentialism (literally, it is not correct to say).