Constitution
When was the last amendment that was ratified...actually "proposed?"
1789
How many amendments are there?
27
How many times (and where) does the Constitution refer to, but not actually mention, slavery? Where and when does the Constitution actually mention slavery
3. (1, 2) (1,9) (4,2). It is mentioned in the 13 and 14th amendments in regards to ending slavery and overturning black codes and the dred scott case
How many "stages" (both actually required and potential) were there in the election of the President and the Vice-President according to the original Constitution?
9 (2,1)
How does the Constitution arrange the respective jurisdiction of the Supreme Court and the lower federal courts with respect to which cases ORIGINATE in the Supreme Court and which are appealed up to it?
Cases with a state as a party is under the original jurisdiction of the supreme court. In all other cases, they have to be appealed (3,2)
Who has the power to create new, "inferior" federal courts and prescribe their rules?
Congress (3,1).
What was the original rule for who could VOTE for a Representative (the Constitution refers to "voters" as "Electors"....NOT the "Electors" of the President in Article II)? What has modified that rule subsequently?
Free persons could vote, and their vote counted as one, and all other persons counted as ⅗ (article 1, 2). The 15th amendment stated that the right to vote would not be denied to any citizen based on race or servitude.
What are the unique powers, respectively, of the House and the Senate? (This question asks which powers are unique to the House and which are unique to the Senate. It also requires you to look at several other parts of the Constitution.)
House: impeachment (1,2), bills for raising revenue (1,7), Senate: power to try all impeachments (1,3),
What are the qualifications and terms for each of the offices under the Constitution (House, Senate, President/Vice-President, Federal Judges)? (Note: "qualification" means NOT the way that the members of each institution are elected or appointed; rather, it means who is ELIGIBLE to be a candidate for that office). Could women vote or hold office in the original Constitution?
House: twenty five years old, a citizen for 7 years, inhabitant of state; two year term (article 1, 2) Senate: 30 years old, citizen for 9 years, inhabitant of state; 6 year term(article 1,3) Executive: natural-born citizen, 35 years old, resident of U.S. for 14 years; 4 year term (article 2,1) Federal Judges: no qualifications, life term (article 3,1)
What is an "affirmation" as opposed to an "oath?"
It is a secular promise (6)
What other Articles of the Constitution is it related to and why? (Hint: Look at question 44 below)
It is related most to article VII, because the both set up the institution of the American people. This people that is created replaces the previously sovereign state legislatures.
How does the Constitution provide for continuity between the Articles of Confederation and the Constitution? (See question 38.)
It still validated all previous debts and engagements (6)
What is the meaning and importance of the "supremacy" article (Article VI)? What other issues are dealt with in Article VI?
It validates everything done by the constitution and voids everything that conflicts, putting the constitution above the national government, which is above state government. It also addresses public office oaths and religious freedom. It also states that all debts before the constitution are still valid (6)
What does the Constitution require with respect to "treason?"
N order to be convicted, you have to have two witnesses or a confession. Congress punishes treason, but the punishment only lasts for the life of the convicted party (3,3)
Must the Congress publish a complete record of its business?
No. It can omit parts deemed secret (article 1, 5).
What is the "Preamble?" How many and what are the "goals" of the Constitution listed in the Preamble?
The "Preamble" is the "introduction" to the Constitution. It states the source of authority of the Constitution and lists six (6) goals or purposes of the Constitution: 1. Better (or "more perfect") Union 2. Justice 3. Domestic Tranquility (social or political stability) 4. National Defense 5. General Welfare 6. Preserve Liberty for ourselves and our descendants
Who is the source of authority for the Constitution according to the Preamble?
The People of the United States (the American People) are the Constitution's source of authority.
Who may be impeached and for what reasons? What is impeachment? What are the particular roles of the House and Senate in this procedure? What is different if the President is being impeached? (This is connected with Article II, Section 4)
The executive and judicial bodies may be impeached. They can be impeached for treason, bribery, or other high crimes and misdemeanors. (2,4). For the president's trial, the chief justice resides.
What was the original rule for determining the number of Representatives a State would receive? What changed this? (Hint: See Amendment 14 and Question 36 below)
The number of representatives was initially based off of the population of free people in a state, plus ⅗ of all other people, minus Indians not taxed (article 1, 2). Amendment XIV, section 2, changed this to the whole number of free people, minus Indians not taxed.
Why was the Preamble necessary? (You can take a stab at this, although the answer is not, so to speak, on the surface of the language of the Constitution.)
The preamble set up the source of authority behind the constitution (the American People), and defined the 6 purposes of the constitution (a more perfect union, justice, domestic tranquility, common defence, general welfare, and liberty).
Who was to judge the fitness of congressional elections and prescribe the rules for elections? Must the Congress meet every year? Can either chamber of Congress meet independently of the other?
The state legislature makes the rules, but congress can alter this. They must meet every year. They can meet independently (article 1, sec. 4).
Why are Section 1 of Articles I, II and III called the "vesting" clauses? How do they differ in wording between Articles I, II, and III? (not the fact that they each deal with "legislative, executive and judicial power")...rather, look very closely at wording of the clauses and how the respective powers are treated.
The vesting clauses set up the authority of the U.S government and establish a separation of powers. Article 1 uses "herein granted" which states specific powers, article 2 doesn't, which doesn't specify the president's specific powers
Who are the constitutional leaders of the Senate?
The vice president, chosen officers, and a chosen president upon absence of the VP (article 1,3)
How can the amendments be grouped by:
Theme: individual rights (1-10,13,14,15,19,23,24,26) Institutional charges (11, 12, 16,17,20,22,23,25,27) Misc. (18,21)PROHIBITION Historical: bill of rights, civil war (13,14,15), mode of passage: all except 21 were ratified by the state
How many articles are there in the original Constitution and what is the basic theme of each (be able to summarize the theme of each Article in one or two sentences)?
There are seven (7) Articles in the original Constitution and a Preamble. Their basic themes are: Preamble: Source of Authority and Purposes of the Constitution Article I: Legislative Power and Congress Article II: Executive Power and President Article III: Judicial Power and Judiciary Article IV: The States in the Constitutional System Article V: Amendments Article VI: Supremacy of the Constitution and National Laws and Treaties Article VII: Ratification of the Constitution
How many Senators are there? How were Senators originally elected? What changed this? What if there is a vacancy in the Senate (i.e. if a Senator cannot finish a term because of death or resignation?)
There are two senators per state. They were chosen by state legislature (article 1,3). The 17th amendment changed this to election by the people. If there is a vacancy, the state issues an election to fill the vacancy. (17th amendment).
What is one qualification which the Constitution specifically prohibits from imposing on anyone holding office under the United States?
a religious test (6)
How were presidential Electors chosen originally, and how did they vote? What is different now and why..and which Amendment changed this and how? Who may NOT serve as a Presidential Elector?
appointed by state, voted by ballot for two people, one of whom was not from the same state (1,1) the 12th amendment changed this. Electors now meet in their states and vote by ballot for president and VP. NObody in office or receiving profit from the U.S. can be an elector
How does a bill become a law? (Note: this question is only about the procedure specified in Article I, Section 7; it does not refer to the way that bills are submitted and processed in today's Congress.)
be passed by house and senate, approved by president (or re approved by house). If not returned by president in 10 days, it automatically can be approved (1, 7).
How does the Constitution ensure that it is the "supreme law of the land?"
by invalidating all else and using it as the authority of the U.S. It also binds judges to use it as their guide. (6)
What stipulations control the President's salary?
can't be changed during his term in office, cannot during this time receive any Emolument (2, 1)
Who is the constitutional head of the House?
chosen speakers and officers (article 1,2)
What are the unique powers of the President listed in Article II, Sections 2 and 3 that the President can exercise alone? What powers does the President share, and with whom, and with what kinds of majorities?
commander in chief, grant reprieves and pardons for acts against the U.S., fill senate vacancies, convene and adjourn houses, receive public ministers, commission all U.S. officers, make sure laws are executed shares power to make treaties with senate at ⅔ majority, power to appoint other officers(2,⅔)
What are the procedures and majorities for proposing amendments AND ratifying amendments, and issues raised by both?
congress with a ⅔ majority or a ⅔ majority among several states may call a convention, then they must be ratified by ¾ of several states or ¾ of a convention, or proposed and amended by congress as long as it doesn't affect article 1 section 9 and as long as no state is denied suffrage (5)
What kinds of limits are placed upon Congress and upon the legislatures of the States? Which limits are common to both and unique to each?
congress: slave trade couldn't be made illegal until 1808, can't hold a person in custody without reason (habeas corpus), no direct tax could be laid, no preference in regulating commerce, no money drawn from treasury, state: no treaties, no grant letters, no coin money, no emitting money, no law impairing obligation of contracts, no unnecessary taxes on imports or exports, no troops without congress' consent, no war, no agreements with other states both: no bill of attainder could be passed, no title of nobility (1,9)
What kind of congressional, House or Senate majorities are necessary for what purposes? For daily business in Congress and passing legislation? For expelling a Member of Congress? For overriding a presidential veto? For ratifying an appointment or a treaty? For proposing an amendment? (You must look for this answer in several different parts of the Constitution.)
daily business and passing legislation: general majority (1, 5) expelling member: ⅔ (1,5) overriding presidential vote:⅔ by each house (1, 7) ratifying treaty: ⅔ (2,2) proposing amendment:⅔ (5)
The entire House of Representatives stands for election every two years. How does the Constitution arrange the election of the Senate?
every 6 years (article 1,3/ amendment 17)
What kind of punishments are individual Representatives and Senators subject to?
expulsion with a ⅔ vote (article 1, 5)
What are the States obligated to do to or for each other? Has any of their obligations changed and what changed them?
give all states' citizens the same privileges, return runaway criminals to their original state, have to return slaves as slaves(4,2).
How does the President's oath differ from the oaths (or affirmations) that all other public officials in the United States must take?
must pledge to execute the presidential office (2, 1)
The Constitution sets a "maximum" number of Representatives by stipulating one Representative for how many thousands of people? How many Representatives are there now?
one representative for every 30,000 people (article 1, section 2). Now there are 435 representatives.
To what privileges are individual Representatives and Senators entitled? Can a Representative or Senator serve at the same time in another branch of the national government?
pay, exempt from arrest (other than for treason, felony, breach of peace), no questioned elsewhere for what they said in the house (1, 6). No. (1,6).
What, generally, determines what kind of cases the federal courts can hear?
public ministers, maritime jurisdiction, states-- if it's a constitutional issue (3,2)
What was the procedure by which the Constitution was ratified?
ratified by 9 states (7) signed
What are the major powers of Congress? (Note: this means the seventeen specific powers, plus the "Necessary and Proper" Clause, listed in Article I, Section 8. You don't have to memorize ALL of the "eighteen" powers, but at least be able to group them into major categories.)
regulation of money, commerce, and taxes; war powers, general legislative powers, wellbeing and success of the people (1,8)
Who must take an oath to support the Constitution?
senators, representatives, executive and judicial officers, and state legislators (6)
What if the President dies, resigns or is disabled? (See the Amendments, too
vice president fills his role unless congress calls upon VP removal, in which they can fill the role with an Officer (2,1) vice president elect (amend 20)