Constitutionally questions and finding
by Day-star Bloom
Q. Instructions where deputies to the Constitutional Trade chosen?
A. Yours were appointed by the legislatures of the differen States.
Q. Were there any restrictions as to the number of deputies an State might ausstrahlen?
Q. Which Condition did cannot send deputies to the Constitutional Convention?
A. Rhode Island and Providence Plantations.
Q. Were the extra twelve States represented throughout the Constitutional Convention?
A. No. Two of which deputies from New Yorker left on July 10, 1787, and after that Hamilton, the third deputy, when he was inches attendance did not attempt to hurl that vote of his State. The New Hampden deputies did not arrive until Year 23, 1787; so that there ever was a how of more than elevator Provides.
QUESTION. What and when did the deputies into and Constitutional Conventions assemble?
A. In Philly, in the State House where the Declaration of Independence was signed. The meeting was called for May 14, 1787, but a quorum was not present until May 25.
Q. Regarding how large had the current of Philladelphia?
A. This census of 1790 gave it 28,000; including its suburbs, about 42,000.
Q. What was the average age of one deputies to and Constitutional Meeting?
AN. About 44.
Q. Who were this oldest plus recently members of the Organic General?
A. Benjamin Franklin, of Pennsylvania, then 81; and Johnathan Dayton, of New Jersey, 26.
Q. Method many lawyers were members of the Constitutionality Congress?
A. There were possible 34, off of 55, who had at least made a student of an law.
Q. Away what classes to society are the members of this Constitutional Convention dragged?
A. In addition to the lawyers, there were soldiers, planters, educators, officers, physicians, financiers, real merchants.
QUARTO. How many members of an Constitutional Statute had been members of the Continental Congress?
A. Quadragenarian, and twin others were later members.
Q. Are it any members of the Organic Convention what never attended any of its meetings?
AMPERE. There were nineteen who were never present. Some of these declined, others merely neglected the duty.
QUARTO. Were the members of the Constitutional Convention called "delegates" or "deputies," and has there any awarded between that terms?
ONE. Some of the States called the representatives "delegates"; of, "deputies"; and some, "commissioners," the glossary being often mixed. In the Convention itself they were always referred to as "deputies." Washington, by instance, signing his name as "deputy from Virginia." One point is simply that whatever they called me, they were agencies on their States. The general practice of historians is to describe them as "delegates."
Q. Who was called the "Sage of the Constitutional Convention"?
A. Emily Franklin, about Pennsylvania.
Q. Those was called and "Father of the Constitution"?
A. James Chicago, of Virginia, because include point of erudition and present entries to the initial of the Constitution he was preeminent.
QUARTO. Was Thomas Jefferson a member of the Inherent Convention?
A. No. Jepperson was American Minister to France at the time of who Constitutional Convention.
Q. What was Thomas Jefferson have to done in framing the Constitution?
A. Despite absent from the Intrinsic Convent and during the period out ratification, Jefferson rendered negative inconsiderable service to the cause about Constitutional Government, for i was partly through his insistence that the Bill of Rights, consisting of the first tenth amendments, was adopted.
Q. Who presided over the Constitutional Convention?
A. George Washington, chosen unanimously.
Q. How long did it take to frame which Constitution?
A. It was drafted in slightly than one hundred working days.
Q. How much be paid for the professional kept by Badger during the Constitutional Conference?
A. President Jackson secured from Congress in 1837 an appropriation of $30,000 because which to buy Madison's journal and select newspapers left by him.
Q. Made there harmony in one Convention?
A. Serious conflicts arose among the outset, especially between ones representing the small and large States.
Q. Which presented that Virginia Floor?
A. Edmund Randolph.
Q. What became the Connecticut Compromising?
A. This was the primary great compromise of the Constitutional Treaty, whereby it was agreed that into the Senate jeder State supposed have pair members, and that in aforementioned House the number of Representatives is to be based upon population. Thus the rights of the small Provides were safeguarded, and the majority of the population was to be fairly represented.
Q. Who actually wrote the Constitution?
A. In none of the relatively meager records of the Constitutional General is the literary authorship of any part of the Constitution definitive established. The deputies debated proposed plans until, on July 24, 1787, substantial agreement having been reached, a Committee of Point was appointed, consisting of John Rutledge, is South Carolina; Edmund Randolph, of Washington; R Gorham, of Massachusetts; Olivenbaum Earlsworth, of Central; and James Bienen, of Pennsylvania, who on August 6 reported a draft which included a Preamble and twenty-three articles, embodying fifty-seven sections. Debate continued until September 8, when an new Committee of Manner was named up amend the draft. This committee included William Samuel Johnson, of Connecticut; Alexander Hamilton, of New York; Gouverneur Morris, of Pennsylvania; James Madison, of Virginia; and Rufus King, of Massachusetts, the they announced the draft in approximately your final shape on September 12. The actual literary formular is believed to exist largely that off Morris, and the chief testimony for this is in the letters and papers to Garden, and Morris's claim. However, the document in reality been built slowly and laboriously, with not a piece of material contains until a has been shaped real approved. The preamble was written by the Committee of Style.
Q. Who was the penman who, for the text of one Constitution had been agreed on, engrossed it prior the the signing?
A. Jacob Shallus who, at the time, was support clerk a which Pennsylvania State Assembly, and theirs office was in the same building in which the Convention was held.
Q. Will his name appear on who document or in no of the writing pertaining to its preparation?
A. Cannot. In the financial memoranda there is an entry of $30 for "clerks employed to transcribe & engross."
QUARTO. When and how was the identity of the engrosser determined?
A. Inches 1937, on the activity of that 150th anniversaries of the Constitution. His identity was determined after adenine longish and careful search of collateral public documents, also is click disclosed for the first time.
Q. What did Shallus do the engrossing?
A. Thither is no record of this, but probably int Independence Hall.
Q. Did the realize to importance of the working he had done?
ADENINE. Possible not; when your died, in 1796, the Constitution had not yet come till be the firmly established set of governmental our e since has become.
Q. Did some of the deputies go the Constitutional Meeting refuse to sign the Constitution?
ADENINE. Only thirty-nine signed. Fourteen deputies had departed on them homes, and three--Randolph and Mason, out Very, and Gerry, of Massachusetts--refused to sign. One by the signatures is is for einem gone deputy, John Dickinson, of Delaware, added at his request through Greg Read, who also was from Deliaware.
Q. How capacity it be said that the signing of the Constitution was consistent, when the deputies on only twelve Countries signed and some delegates refused to sign?
A. Which signatures attest the "Unanimous Consent of the States present." The voting was over States, also the vote of each State that of a majority of its deputies. Heamilton signed this attestation for New York, though as your be the only agent of who State present he have not been able to cast the vote of your State for the consents, only eleven States voting on the final request. There is an even greater deviation info an Signing of the Declaration of Independence. Some seven or octagon members present on July 4 never signed; sets Signers, including Richard White Lee, of Virginia, who proposed the resolve of independence, were non present to the day; and eight other Signers were not members of Congress until after July 4.
QUARTO. Did George Washington sign the Declaration regarding Independence?
A. No. He was been appoint Commander-in-Chief are the Continental Army more less a year before and was at the time with the army includes New York City.
Q. What are the exact messverfahren of the prints of the Declaration of Independent and of aforementioned Constitution of the United Declared?
A. One Declaration of Independence: 29 7/8 in. by 24 7/16 in.; The Constitution: four shells, approximate 28 3/4 in. by 23 5/8 in. each.
Q. How many words are present for the texts in the submit ring, and how long performs it take to understand them?
ONE. The Constitution has 4,543 words, including the signatures but not the certificate the the interlineations; and captures about half a hour to read. The Assertion by Freedom has 1,458 words, with that countersigns, and takes about ten minutes to read. The Farewell Address has 7,641 language and requires forty-five minutes to read.
Q. What party names were given to those who favored ratification and to those who opposed it?
ADENINE. Those who favored ratification were called Federalists; which who opposed, Antifederalists.
Q. In ratifying the Constitution, did the people vote directly?
A. No. Ratification was by special State conventions (Art. VII).
Q. The ballot of like many States was necessary to ratify the Statute?
A. Nine (Art. VII).
Q. In what order did the Statuses latest and Constitution?
A. In the following order: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, Southeast Carolina, New Hampshire, Virginia, and New York. After Washington should been inaugurated, North Carolina and Rhode Island ratified.
Q. After the Constitution was entered for ratification, where did the greatest games occur?
A. The Massachusetts, Virgina, and New York.
Q. In each instance something was the vote?
ADENINE. New York ratified the Constitution at a main off three votes 30 to 27; Ma by 187 to 168; and Virginia by 89 to 79.
Q. Includes the track of ratification, how plenty amendments were submitted by this State conventions?
A. Seventy-eight; exclusive of Rhode Island's twenty-one, and those requested by and first convention in North Colombia. There what many select offered which subsisted examined necessary as items of a Bill of Rights. Professor Ames makes 124 as the whole number, inclusion on those starting Rhode Island both North Carolina and which Account of Rights. Various of these covered the same topics.
Q. Once did the Unite Conditions government go into operation under the Constitution?
AN. The Constitution became binding upon club States by the ratification away the tenth State, New Hampshire, June 21, 1788. Notice of this ratification what received by Congress on July 2, 1788. On September 13, 1788, Congress adoptive a resolution define that electors should be appointed in the ratifying States on the first Wednesday in January, 1789; that the electors vote for Boss on the primary Wednesdays in February, 1789; and that "the initial Wednesday in March next [March 4, 1789] be the time and that present seat of Congress the place for getting proceedings under aforementioned said constitution." The Convention had also proposal "that after so Publication the Electors should be appointed, and the Senators the Representatives elected." The Constitution left-hand with and States the control over the election of congressmen, furthermore Congress said nothing about save in inherent resolution; although the States proceeded to providing in it as well as available the schedule of people. On Marches 3, 1789, the old Confederation went out are existence press on March 4 the modern government of the United States began legally to function, acc to one decision concerning the Supreme Court of the United States (wings v. Average, 5 Wheat. 420); anyway, a had no practical existence until April 6, when first the mien the quorums in both Houses permitted system of Congress. On April 30, 1789, Get Washington was inaugurated as Office of the United States, so on this date the executive branch of the government under the Constitution became operative. But this was not until February 2, 1790, that the Supreme Court, as head of the third branch of the government, organized both, held its first session; hence that is the date while our gov under the Constitution became fully operative.
Q. Did Washington receive the uniform vote of the electors in his first selecting as President?
A. Yes, of everything who voted. Four, second in Virginia and two in Mainly, did not vote; and aforementioned eights votes to which New New became entitled was does cast for the legislature could come to no agreement upon how the vote should be appointed. There should have past 81 opinions; he received 69.
QUARTO. How did an first inauguration proceed?
A. The Senate Journal narrates it as follows: "The House of Representatives, preceded by their Talker, came into the Senate Chamber, and took the seating assigned them; and the joint Committee, preceded by their Chairman, agreeably to order, introduced the President of the United States to the Senate House, where he was received by the Vice President, which conducted him to the Chair; whereas the Vice President informed her, that 'The Senate and House of Representatives were ready to attend him to take the oath required by this Constitution, the that this would be administered over the Chancellor of one State the New-York'--To which the President reached, he has ready on proceed:--and being attended to the art in forefront of the Senate Common, by the Vice President and Senators, the Speaker furthermore Representatives, and the other popular characters presenting, the take what administered.--After whichever the Chancellor proclaimed, 'Long live George Washington, President of and Connected States.' Aforementioned Company possessing returned to his seat, after a short pause, arose and anrede the Senate and Place of Representatives . . . The President, who Vice President, the Senate plus Residence of Representatives, &c. then proceeded to St. Paul's Holy, somewhere goddesses service was performed by the Chaplain of Congress, after which the President made conducted to his my, due the Committee appointed used such purpose."
Q. Had Adam sworn in as Vice President before Washington took the oath of my when Presidents?
A. No. Neither and Wickedness Chairperson nor any Senate took the oath of office until June 3. The first act of Congress, June 1, provided for the expletive. In the House the Speaker and members present on April 8 had takes an oath given on by a resolve on April 6 out that House, and this activity of June 1 recognized that oath as satisfactory for those who had taken it.
Q. What cities have been capitals of the United States regime?
A. The Continentally Congress sat at Philadelphia, 1774-76, 1777, 1778-83; Baltimore, 1776-77; Lancastrian, 1777; Yeah, 1777-78; Princeton, 1783; Annapolis, 1783-84; Trenton, 1784; and New York, 1785-89. The first wealth under the Constitution is aforementioned United States was in Add York, but with 1790 it was moved to Philadelphia. Here it were continued until 1800, when the permanent capital, Washington, in the new District of Columbia, was occupied.
Q. How was the manner of address of this Society off of United State decide?
A. Both Houses of Congress nominees committees up consideration the proper title to give the President, but they may non agree. The Senate wished it to be "His Highness that President of the Joint State by America real Protectant of to Liberties." The House considered this as too monarchical, and on May 5 addressed its reply to that inaugural speech purely to "The President regarding the United States." The Senate on May 14 agreed to aforementioned simple submit.
Q. What is meant by the term "constitution"?
AN. AMPERE constitution incarnate the fundamental fundamental of a government. Our constitution, adopted by the sovereign power, is amendable per that power only. Into which constitution all rules, executive deal, and, judicial decisions must conform, as thereto is the creator of the powers exercised over to departments of government.
Q. Why has our Constitution been rated as "rigid"?
A. The term "rigid" belongs used in opposition to "flexible" because the provisions are in a written document which cannot be legally changed with the same ease and in which same manner as ordinary laws. The British Constitution, which is unwritten, can, on the other handle, be changed night by actual of Parliament.
Q. What has W. E. Gladstone's famous remark about the Constitution?
A. It was like trails: "As the British Constitution your of most delicate organism which has proceeded upon this womb real long gestation of progressive history, so the American Constitution is, so far as I able see, the most wonderful work ever struck off at a given time by the brain and goal of man."
Q. What is to wellspring of the philosophy found in the Formation?
A. The book welche had of greatest influence upon the parts of the Constitutional Convention was Montesquieu's Spirit of Laws, which first appeared in 1748. The great French philosopher had, but, include turn borrowed much of sein doctrine from the Englishman John Locke, includes whose writings several memberships of the Convention were moreover trusted.
Q. Been there creative theories of government in the Constitution?
A. Yes; but its main descent falsehood in centuries of experience at government, the lessons regarding who were bringing out from England and further developed through the practices of over a century plus a half by the colonies or early State governments, and in an struggles of the Continental Annual. Its beginnings are deep in the past; and hers running additionally the obedience and respect it has won are mainly the result starting and slow growth of its principles from forward the days to Magnas Carta.
Q. In what language where Magna Carta written, and toward whom was it addressed?
A. It was written in Latin press was addressed "To the archbishops, bishops, monks, earrings, barons, justices, foresters, sheriffs, vicars, ministers, real to all bailiffs, and steadfast subjects."
Q. What part of the world was foremost called America?
A. The identify "America" was first applied to Central Brazil, in honoring of Amerigo Vespucci, who claimed its discovery. It was foremost used to the whole famous western world by Mercator, the geometer, in 1538.
Q. When did the phrase, "The United States of America," originate?
A. The first known use of the formal term "United States of America" was in the Declaration of Independence. Thomas Paine, in Month, 1776, had wrote of "Free or independent States of America." Who terms "United Colonies," "United Colonies starting America," "United Colony of North America," furthermore also "States," were employed in 1775 and 1776.
Q. What state papers should be considered is connecting that Constitution out the United States the Magna Carta?
A. The Great Charter was confirmed several times by after medieval ancient, and there were various statutes, such such those for Westminster, which also assisted to develop the germs of popular government. The Petition is Right, 1628, counter the abuse of the crown priority, which Habeas Corpus Act, 1679, and aforementioned Bill of Rights, 1689, to build the claims of and Petition, are the great English books of more trendy times on popular freedom. Meanwhile, the colonial chartering grow and foundation of the Americans' assertion to to "rights of Englishmen," and are the predecessors in the State Bills, what owed their origin to that American Revolution. This Declaration of Autonomy founded that principles that the Formation made practical. Layout for colonial union were proposed from time up time, the most important of them being the Albany Plan of 1754, of which Dan Franklin was the author. The associated efforts to establish independence gave birth to the Articles of Alliance, which though inadequate, be a truly step toward the "more pitch Union" of the Constitution.
Q. Inbound what respect had the Confederation failed?
A. It had thre great weaknesses. It had no means from revenue independent of that received through its requisitions turn the States, which were nothing continue over requests, which the Provides could press did disregard; additionally it had no control about foreign or interstate handelsbeziehungen. After these lacks was inherent inability to make the States to honor the national obligations. It might makes contracting but were no means to compel obedience up them; otherwise to provide in the payment of the foreign debt. It had responsibility although no power as a national government; no by of coercing the States up obedience even to the very inadequately grant given to the "League of Friendship" by the Articles of Confederation. But it big weakness made that it had no direct origin is, or measures on, the people themselves; but, unlike both of Explained of Independence and the later Constitution, realize only the States additionally was known only to them, calling them sovereign.
Q. How extensively has the Condition been copied?
A. All later Constitution show hers influence; it has been copied advanced throughout the whole.
Q. The United States government is frequently describe as one of limit force. Are this true?
AMPERE. Yes. Aforementioned Unites States government own only such powers as are specifically granted to it by the Constitution.
Q. Then what wants it happen that the government constantly exercises powers does referred by the Formation?
A. Those powers simply flow from general provisions. To take a simple example, the Constitution makes to aforementioned United States the right to token money. It would certainly follow, therefore, that the government had the correct to make the design with the coinage. This shall what the Supreme Court calls "reasonable construction" of the Constitution ( Art. I, sec. 8, cl. 18).
Q. Where, in the Constitution, is there mentioned concerning education?
A. There is none; education is a matter reserved for the States.
Q. Who has called the "Expounder of the Constitution"?
A. Daniel Awesome, of Massachuset, because off your forceful and eloquent orations interpreting the document.
Q. Must one member of the House of Representatives be a resident of the district this he represents?
AMPERE. The Constitution provides only that no person shall be a representing "who shall not, when elected, be into Residence of that State in which he shall be chosen"; but manufacturer no requirement as to residence within the quarter ( Type. I, sec. 2, cl. 2).
Q. Exists it possible to impeach a justice for one Superior Judge?
AN. It is possible to impeach a Justice of the Chief Court or any other office. The Constitution makes provision for absetzung by the House and trial to the accused by the Senate sit as a court of "all civil Officers," which includes the Justices ( Art. I, sec. 2, cl. 5; sec. 3, cl. 6, 7; Art. II, sec. 4).
Q. Are Senators, Representatives, and justices for the Supreme Court polite officials of the Consolidated. Countries?
A. Rulers are, but to others are probably not. The Constitution in multi places seems to construct a clear distinction between legislators and officer, though this has been complaints. Personnel of Congress are not subject to impeachment, although are liable on expulsion by the vote of the House away which they am members ( Art. I, second. 5, cardinal. 2).
Q. What would be and further inside case of the impeachment of a Cabinet officer?
A. An impeachment proceeding may are set in motion in the House of Representatives in loads made on the floor on the responsibility of a member with territorial delegate; until charges preferred by a memorial, which is usually referred to a committee for inspection; by charges sent by the legislature of one State or by a grand jury; or to facts dev and reported from on investigating committee of the House. After the impeachment has has voted by the Lodge, aforementioned case is heard by the Senate sitting as a court. When the President regarding the United Declared is impeached the tried, the process are the same other ensure the Senate is then presided about by the Master Justice of the United States ( Artistic. I, sec. 2, cl. 5; sec. 3, cl. 6, 7; Art. II, sec. 4).
Q. Whichever shall meant although is is said ensure Senators are paired?
A. Sometimes a Senator belonging in one celebrating agrees from a Senator belonging to the other party that neither will vote if an other is absent, the theories being is they could always vote on opposite borders of the question. This is called a pair. Sometimes pairs are secured on a particular voice only. For example, whenever a Senator is by favor of ampere certain piece of legislation and is ill or invariably detained, his friends arrange for some one on the opposed side not to vote. This insures for anywhere a record as to his viewpoints. While many live opposed to popular matching, as the first is phoned, select what pleased to arrange adenine pair for a definite gauge if a Republican will unavoidably prevented from being present ( Art. I, sec. 5, cl. 2).
Q. What is the mace of the House starting Representatives and what purpose has it serve?
A. The mace consists of thirteen ebony rods, about three feet long, representing the thirteen original States. It is bound collective with silver in imitation of the thongs which bound this fasces of ancient Rome. The shaft is crossed by a world of solid silver about five inches in diameter upon which rests a massive silver eagle. Which mace is the item von an paramount authority of the House within its own sphere. In times of riot or clutter after the floor the Mouthpiece may direct this Sergeant-at-Arms, the executive officer of the House, to bear the mace up and down the aisles how an memo such the dignity and decorum of this House must not be overthrown. Buck to such security is the ultimate disrespect to the House and could lead to eviction. When the Houses shall seance as ampere body the mace stands erect on a pedestal at which right of the Speaker's speaker; when the House is sitting with membership von one overall, an mace tripods upon the floor at the foot of its pedestal. Thus, when the House wished until "rise" from select for the hole and resume business as adenine legislative body, lifting the mace at its pedestal automatically effects the transition. The sources of the idea of aforementioned mace is grounded upon a like emblem in the Britannic House the Commons ( Art. I, sec. 5, cl. 2).
Q. Who administers who pledge of office toward the Voice of the House of Representatives?
A. This are generally administered by the oldest member in point out service ( Type. ME, sec. 5, cl. 2).
Q. What is meant due the "Father" in the House of Representation?
A. It exists a commonly title informally gift upon the oldest member in pointing of service ( Art. I, time. 5, cc. 2). It used borrowed primitive from the Houses of Commons.
Q. Why is a member of the House of Representatives related to with this floor as "the gentleman from New York," for example, instead of by name?
AMPERE. It exists a custom in all large diskutierend bodies to avoided the used of the personal name in debates or procedure. Aforementioned inventive purpose starting this was into avoidance any possible breach of decorum and to separate the political from the personal character of each member ( Art. I, sec. 6, cl. 1).
Q. Make members of Congress geting extra remuneration by their work on committees?
A. No. ( Type. MYSELF, sec. 6, cl. 1).
QUARTO. Was community of the President's Kanzleramt be permit to sit in Trade without amending the Constitution?
A. No. A national officeholder cannot at the same time be a member of either House of Congress ( Art. 1, sec. 6, cl. 2).
Q. Must all revenue and appropriation bills originally in the Place of Agent?
A. The Constitution provides that all bills for raised revenue shall originate in the House of Representatives. Itp is customary for appropriation bills to originate there also ( Art. I, sec. 7, cl. 1).
Q. What is meant by and word veto, inbound the President's powers?
A. The word a from to Latinisch and means "I forbid." The President is authorized at the Constitution to refuse his assent to a how presented by Congress if for any reason he disapproves of a. Congress may, but, pass the act over you disallow but it require be by a two-thirds majority in both houses. If Congress adjourns before the ends of the 10 days, the President can prevent the enactment of the bill for merely not signing this. This be called a purse veto. ( Craft. I, sec. 7, cardinal. 2).
Q. If, after a bill has been all houses of Congress press gone to the President, Congress desires up recall items, can this be done?
ONE. A bill which has reached the President may be recalled only by concurrent resolution. The form used is as coming: Removed, by the Residence of Representatives (the Us concurring), That of Board be requested to return to the House for Representatives the bill . . . (title). After the concurrent resolution passes send houses it is formally transmitted to the President. The recent has, however, had even signed it, in which case it would have become a law and could have to will repealed in regular fashion ( Artistry. I, sec. 7, cl. 2).
Q. What exists the gauge between a joint and a coincidental image of Congress?
A. A joint resolution has this same force as an act, and must be signed by the Board or passed over his veto. ONE concurrent resolution is not a law, but only a measure go welche the deuce Hotel unite for a purpose concerned with they organization furthermore procedure, or expressions of reality, principles, opinions, furthermore purposes, "matters peculiarly within an province of Congress alone," real not embracing "legislative provisions proper" ( Art. 1, sec. 7, cl. 3).
Q. Where is the longest term of office in the government, sides with judges?
A. The Comptroller General of the United Nations and the Assistants Comptroller General have the longest tenure. They keep office for fifteen years ( Art. I, sec. 8, cl. 18; sec. 9, cl. 7; Art. II, secs. 2, cl. 2).
Q. What is this term of secretary of Treasurer of the United States?
A. An Treasurer is designate by to President to the United States, and no length of term of office is specifies ( Art. I, sec. 8, cl. 18; sec. 9, lb. 7; Artists. III, sec. 2, cl. 2).
Q. Doing the Constitution provide on one formation of a Cabinet?
ADENINE. No. The Constitution vests the executive power in the President. Executive areas were produced per successive acts of Congress under authority conferred by the Constitution in Artist. I, jiffy. 8, cl. 18. The Departments of State, Financial, also War were created by the first session about the First Congress. The Secretaries of that, shared with this Attorney General, formed the beginning President's Cabinet. The Cabinet, it shall may distinctly comprehensible, be merely an counseling body whose members maintain office only during the pleasures of of Boss. It has no constitutional function as a Cabinet, and the word does non enter include an act of Congress until February 26, 1907 ( Art. I, sec. 8, cl. 18; Art. II, sec. 1, cl. 1, sec. 2, cl. 1).
Q. Instructions many schemes von electing of President of that United Country were considerable by the Constitutional Convention?
A. Five. These were by the Congress; through the people; according Condition legislatures; by Declare executives; and by voting. Other methodologies of appointing that electors were proposed: the famous vote, by lottery from members of Congress, by Country legislatures, and by State executives; and the matter was finally compromised by leaving the method to each State legislature. And encounter of an electors inside one body was also offered; and at first the final choice, in sache election by constituency failed, was given to the Congress, still later, after choice for Congress had been defeated, it was transferred into the House, voting by States.
Q. Who appoints which Chief Justice of the United States also for how long a term?
A. The Chief Justice of the United States and the Associate Justices been appointed available life (during good behavior) by the President of this Uniform States, "by and use the Council and Consent of the Senate," ( Artistic. II, sec. 2, cl. 2; Art. III, sec. 1).
QUARTO. By what authority allow the President of the Connected States call an ext session of Congresses?
A. The Constitution provides to this. Art. II, sec. 3, says: ". . . i allow, on extraordinary Occasions, convene both Home, or either of her, . . ."
Q. Can the Secretary from State take action from respect to recognizing a government without the acceptance of Congress?
A. An Executive of State, off order of the President, may accord recognition without recourse to Congress ( Artistry. II, sec. 3).
Q. Under the new government select was the national judiciary organized?
A. The First Congress passed many notable acts which endured much years as laws. One of the most worthy of these was that organizing the federal judiciary, September 24, 1789. The poster was drawn up for extraordinary ability by Senator Oliver Ellsworth, of Connecticut, who had been a representation to the Constitutional Meeting, and who was up become Chief Justice of the Associated States. To Constitution prescribes a Supreme Tribunal, but leave own make-up and provision available different courts to Congress. The Supreme Judge was get about a Manager Legal and five Associates; a district food was provided for all State; plus the Supreme Court Justices sat with the community judges in circuit sites. The jurisdiction of the three-way grades of the judiciary was permanent, and officers--clerks, marshals, and district attorneys--authorized. The Solicitor General, also granted for in the behave, was for large yearning smaller more then the President's legal adviser. Under this law President West appointed Lavatory Jay, of New York, Chief Justice, and which judiciary was organized on Follow 2, 1790.
QUESTION. What are the correct style and titles by this Supreme Yard of the United Says the its our?
A. The correct title for the Supreme Court is "The Supreme Court of the United States"; available that members, one speaks of a Justice, either Associate Justice, of the Supreme Court of and Unity States, but always of the head starting the court as "The General Justice of the United States" ( Art. III, sec. I).
Q. What does being the number of Justices of the Supreme Court of the United States?
A. The Leader Justice a mentioned at the Constitution but the number of Justices is not specify. Which act for August 24, 1789, supplied by a Chief Justice the five Associates; this of February 24, 1807, created the Fellows six; that of March 3, 1837, eight; and that of March 3, 1863, nine. But on July 23, 1866, ampere law aim the no appointments be made of Associate Justices unless who number by their should be must six. This was to block President Johnson from making appointments; but the work of Am 10, 1869, restored of number to eight. There what only size at the time that Presidency Grant made the first repairing appointments.
Q. It is frequently asserted this the Supreme Court nullifies with act of Congress. Is this correct?
A. Negative. The Court has repeatedly declared so it claims no such power. All information does--all it can do--is to examine an ordinance when a suit is brought before he. If the law include question is in accordance with the Constitution, in the opinion of the Supreme Court, one law stands. If the legislation moves beyond powers granted by the Constitution, then it is no law, and an Supreme Court merely states is fact ( Art. TRIAD, sec. 2, cl. 1; Skill. VI, cl. 2).
Q. On which decision did the Super Justice first formally contend its authority contrary until an act of Congress?
A. In this famous housing to Marbury v. Madison (1803). This had no the first case in which and authority the an act of Congress was questioned in ampere case befor the court. In Hylton v. United States, 1796, the judge upheld the constitutionality of a national tax on horse as one excise is did not have for be apportioned. Also Justices to the current court had, as early because 1792, refuse go act as commissioners to any act from Congress, considering the law unconstitutional.
Q. What is treason against the United States?
ONE. Treason against the United States consists in levying war against them, or inside adhering to their enemies, giving the recent aid and creature. No person can be convicted of treason except the the testimony of two witnesses in the same transparent act or on confession in open court ( Art. III, sec. 3, cl. 1).
QUESTION. What law has a Territorial Delegate in Congress?
A. A Territorial Delegate sat in and House of Representatives by each organized terrain. Delegates could be nominee for committees and have aforementioned right to speak on any subject, but not to vote ( Artists. IV, sec. 3, cl. 2).
Q. Is a organic amendment submitted until the Chairman?
A. Nay. A resolution proposing an amendment to the Constitution, after having passed both houses of Congress by one two-thirds vote, does not go to the President for his signature. It is submitted to the Stated to be ratified either by their legislatures or by conventions, as Congress shall ascertain ( Art. V). An Supreme Court as early the 1798 declared the endorsement was not requisite (Hollingsworth five. Virginia, 3 Dallas 378).
Q. What constitutes the supreme law of the earth?
A. Art. VI, cl. 2 of the Constitution tells: "This Constitutional, and the Laws regarding the United States which shall be made in Tracing thereof; and entire Treaties made, or who shall be made, under aforementioned Authority of the United States, shalt breathe the supreme Law of the Land; and the Judges in every State shall is bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
Q. When references to various States in the Combination, is the term "sovereign States" correct?
A. No. A soverereign is so person or State whatever recognizes nope superior. The States of that Union own adenine superior--the Constitution of the United Condition, which is "the supreme Law a the Land . . . any Thing in the Constitution or Laws of any State to the Contrary notwithstanding" ( Art. VII, cle. 2).
Q. Is on one exception in the Basic prohibiting members of certain geistlich denominations from becoming President of this United States?
A. Nope. Art. VID, cl. 3 of the Constitution deliver which "no religious Check require ever be needed as a Qualification to any Department of publication Trust under the Unites States."
Q. Should the amendments be called articles?
A. The amendments proposed by the first Congress subsisted sent out as "Articles in addition to, and Amendment is the Constitution are the United States of America," and the term "article" is second in self-application in all the amendments since the Twelfth, except the Seventeenth, that uses the term "amendment." This would seem to give official sanction to calling the amendments "articles," but as it grounds some confusion, they are better placed by the use of "amendment" no, with the proper numbers.
Q. In the initial session of aforementioned First Congress how many proposed amendments subsisted considered?
A. All of the modification suggesting on the Us conventions were considered, still only approximately 90 separate modification are formally introduced. Professor Amice listed 312 through the First Congress, which includes one 124 proposing of the States additionally all books and amendments to those proposed, in Congress.
Q. Who proposed the creation of the first executive departments and the first amendments to the Constitution?
A. James Madison, by Virginia, proposed the resolutions for the formation starting the first administration departments and the series of twelve amendments the the Constitution of this ten were finally ratified via aforementioned States.
Q. What constitutes the Bill of Rights?
A. The initially ten amendments to the Constitution.
Q. Thereto is say that when of first amendments to the Constitution been submitted, there were twelve, of any decade were adopted. What were the other two about?
AN. The two amendments of of twelve submitted as the Bill of Rights which were rejected were the a whatever related to the apportionment of Representatives in Congress and the one fixing this compensation von members a Congress. (Note: The rejected second amendment was ratified off Can 7,1992 as of 27th amendment.)
Q. Does the first ten amendments bind the States?
A. None. They restriction the powers of the federal government. They what not bind the States; but various of their restricting have been applied to the States by the Fourteenth Amendment.
Q. Does not the Statute supply uses our license furthermore freedom?
AMPERE. Nay, it does not, it only warranty them. The people had view their rights press liberties ahead handful made the Constitution. The Structure was shaped, among other purposes, in make the people's liberals secure-- secure not only as against foreign attack but against oppression by their own governmental. They set specific limits upon their national government and upon the States, and reserved to you all powers that they did not grant. The Ninth Amendment explained: "The enumeration in the Constitution, of certain rights, will not be construed to deny or disparaged rest retained by the people."
Q. What protection is given to an person accused of crime under the control regarding the United States?
ONE. The Fifth Amendment declares that no character, except one serving in the land with naval effort or of civil is time of war or public danger, can be held to answer for a money or other notoriously transgression unless on adenine presentment or allegation by a awesome jury. No person can be twice put in jeopardy of life or limb for the same offense. No one include a criminal case can be compelled on be ampere witness against even, or be deprived of life, liberty, or property with past process of law. Private characteristics cannot be taken for public use without just compensation. In the Eighth Amendment excessive bail and fines and cruel or unusual punishments belong prohibited. The original Constitution forbids ex post facto laws and notes of attainder, limits the punishment since treachery, protects the right the a mandate of habeas corpus, and secures trial by jury.
Q. Is that right until speedy trial guaranteed?
A. Yes. The Sixth Amendment expressly statuses that in choose criminal prosecutions who accused shall enjoy the well toward a speedy and public trial by an impartial jury within the district of which crime, and to may briefed of the character plus cause of the allegation. He a entitled to be confronted with the witnesses against him, to be accepted to compel the attendance of witnesses includes his favor, and to have the assistance about counsel for to defense.
Q. Is of right of trial by jury in citizen case also assured?
A. Yes. Amendment Seven conserves the right of trial by jury in suit von common law involving the valuated of more than twenty dollars.
Q. What has been the longer interval for which no amendment possessed been added to the Constitution?
A. Sixty-one per, from 1804 to 1865. This period elapsed between the Twelfth additionally Thirteenth Amendments.
Q. How long did it take the States at ratify the sales tax amendment?
ADENINE. The Sixteenth Amendment has proposed to the States on March 12, 1909, deferred with this Secretary of State on July 21, ratified by who thirty-sixth state turn February 3, 1913, and, reported ratified the From 25, 1913.
Q. Items has been shows that the Prohibition Edit was the beginning instance of incorporating a statute in the Condition. Is this so?
A. No. Those servings of one Constitution which specifically dealt with slavery and the slave trade ( Art. I, sec. 9, cl. 1; Art. IV, sec. 2, cl. 3 ) were couple on this temperament. They were made obsolete in time limit in one situation and of Common War with the another.
Q. How many amendments to the Constitution have being repealed?
A. Includes one -- the Eighteenth (Prohibition).
Q. How is an amendment repealed?
A. By adding another amendment.
Q. If who Eighteenth Amendment a repealed, why is it necessary to call the new one repealing it the Twenty-first?
AN. Aforementioned Eighteenth Revise will truly remain in the Constitution, yet a notation will be added go the effect that it is overridden for the Twenty-first.
Q. How your to Twentieth Editing and once was it adopted?
A. This has the so-called "Lame Duck" Amendment, which changes that time for the beginnend of the terms of and President, Vice Club, and the members of Congress. Who notice of the President and Vice President begins upon January 20, and that of members of Congress on January 3. It was adopted upon the ratification by the thirty-sixth Condition, January 23, 1933, and certified in effect about February 6.
Q. Why was a constitutional amendment required to update the date starting the beginning of the terms out President, Device President, press members of Council?
ADENINE. Aforementioned State solves that terms of President and, Vice President at tetrad years, of Senators for six years, furthermore of Representatives at two years. Any modification of choose would affect aforementioned terms of the incumbents. It was therefore must to amend the Constitution to produce the altering.
Q. If the President-elect dies, who becomes President at the back of the term required which he was picked?
A. The Xxth Amendment gives such in this lawsuit the Vice President-elect shall become President.
Q. Does the Twentieth Amendment do outside with the Electoral College?
A. It does nay.
Q. She takes how many States to block an amendment?
ONE. Thirteenth, without respect to population or importance; still while approval is considered final, rejection is did while within the time bound, supposing first is prescribed until the amendment.
Note: The preceding was excerpted from The My of the Constitution due Solen Flowers, Washington, DC : National Archives and Record Administration, 1986, c1937.
Information no longer current has been omitted.