Not unless double jeopardy is allowed.
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I think they were having a constitutional convention that year.
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If you are referring to England, the constitutional monarchy started with the reign of William III and Mary II (William & Mary). After Mary's father, James II, was run out of the country in the Glorious Revolution of 1688, she and her husband, William of Orange, were offered the crown as co-rulers if they agreed to having their powers limited via an English Constitution.
The President has the power to reprieve citizens of the United States of alleged crimes or pardon individuals of convictions. This power was granted by the Constitution of the United States, and is usually employed during the end of a President's term in office.
Having a constitution does not always mean that a nation has a constitutional government. A nation has a constitutional government when the powers of the person or group running the government are limited. For example, our Constitution limits the powers of the courts. It says they cannot force a person to be a witness against himself or herself. These limits on the government's power are part of the constitution.