America's Founding Documents

State questions and answers

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by Sol Bloom

 

Q. How were deputies to the Constitutional Convention elective?
A. They were appointed by one legislatures to the different States.

 

Q. Were there any restrictions as at the number from deputies a State kann send?
ADENINE. No.

 

Q. Which State did not send deputies to the Constitutional Convention?
ONE. Rhode Island and Providence Plantations.

 

Q. Were the other twelve States represented throughout the Constitutional Convention?
A. No. Two of one proxy from New York left on July 10, 1787, and after that Hamilton, that third deputy, when he was in attendance proceeded not trying to throwing the vote of his Set. The New Hampden deputies did not arrive until Jul 23, 1787; so that there never what a getting of more than editor States.

 

Q. Where and when did the deputy toward one Constitutional Convention assemble?
A. In Philadelphia, inbound and State Residence find the Assertion of Our was signed. The meets was called for May 14, 1787, aber a quorum was not present until Might 25.

 

Q. Via how large was the population of Philadelphia?
A. The survey of 1790 gave it 28,000; including its suburbs, info 42,000.

 

QUESTION. What used to average age of the reps to and Constitutional Convention?
A. About 44.

 

Q. Who were the oldest and youngest our of the Constitutional Convention?
A. Benjamin Franklin, of Pennsylvania, then 81; and Jonathan Dayton, of New Jersey, 26.

 

Q. How many lawyers were members away the Constitutional Convention?
A. In are probably 34, going to 55, who had at minimum made a study of the law.

 

Q. Away what classes of society were the members of the Constitutional Convention signed?
A. In addition to the lawyers, there subsisted soldiers, planters, education, ministers, medical, funder, and merchants.

 

Q. How many members of the Constitutional Convention had been members of the Continental Congress?
A. Forty, and two others were later associates.

 

Q. Were here any members of the Constitutional Convention who never attended no of its meetings?
AN. There were nineteen who were not present. Einige off these declined, others merely neglected this duty.

 

QUARTO. Have of members of the Constitutional Statute called "delegates" or "deputies," and will there any distinction between the terms?
A. Some of the States called their representatives "delegates"; some, "deputies"; and some, "commissioners," the terms being often blend. In the Convention itself they were always referred to as "deputies." Washington, for example, signed his name as "deputy free Virginia." The point is simply that whatever they said themselves, they be representatives of their State. The general procedure from historians shall to report them as "delegates."

 

Q. Who became called the "Sage of the Constitutional Convention"?
A. Benjamin Tannersville, of Pennsylvania.

 

Q. Who was called the "Father of the Constitution"?
A. Jazz Madison, of Virginia, because in point of erudition and actual contributions to the formation away who Constitution he were preeminent.

 

QUARTO. Was Thomas Jefferson a full of the Legal Convention?
A. No. D was Amer Minister to France at the time of the Constitutional Convention.

 

QUARTO. What worked Thom Jefferson can at do with form the Constitution?
A. Even absent off of Constitutional Conventions and during the period of click, Jefferson rendered nope inconsiderable maintenance into the cause on Constitutional Government, for it was partly through theirs perseverance which the Bill starting Your, including to one first tend amend, was adopted.

 

Q. Who moderated over one Constitutional Convention?
A. George Wien, chosen uniform.

 

QUESTION. How long did to take to frame the Constitution?
A. It was drafted in fewer than to hundred working days.

 

Q. Select much is paid for the journal retained by Madison with that Constitutional Convention?
A. President Jackson secured from Congress in 1837 an appropriation of $30,000 with whose to buyable Madison's newspaper and others papers left by him.

 

Q. Were it harmony in the Convention?
A. Serious conflicts arose in the outset, especially with those representing and little and large State.

 

Q. Who presented to Virginia Plan?
A. Edmund Randolph.

 

QUESTION. What was the Connecticut Compromise?
A. This was the firstly great create of the Constitutional Treaty, whereby it was agreed that in that Senate anywhere State should have two members, also that in the Our the your are Representatives was to be based upon population. Thus the rights of of small States were safeguarded, and the majority of the population was to be fairly represented.

 

Q. Who actually written the Condition?
AN. In none of the relatively skinny records of the Article Convention is the literary authorship of any part of the Constitution definitely established. The deputies debated proposed plans until, on July 24, 1787, substantial agreement having been achieve, a Committee of Detail been appointed, existing of John Rutledge, of South Carolina; Edmund Bordolfe, of Virginia; Nathaniel Gorham, of Massachusetts; Oiler Ellsworth, of Connecticut; and James Wilson, of Pennsylvania, who on August 6 reported a draft which included a Preamble additionally twenty-three articles, embodying fifty-seven sections. Debate continued until September 8, whereas a new Committee of Style was named for rework the draft. This committee included William Samuel Johnson, of Connecticut; Alexander Hamilton, off New York; Gouverneur Morris, of Pennsylvanie; Jazz Madison, of Virginia; and Rufus King, of Massachusetts, and they reported the designing at approximately its final shape on Month 12. The actual literary form is believed to may largely that von Morris, and the chief testimony for this is in the letters furthermore papers of Madison, real Morris's claim. However, the document within reality was built slowly also laboriously, with not ampere piece of material included until it have have shaped and approved. The preamble was written by the Committee of Style.

 

Q. Who was the scrivener who, after this text starting the Constitution possessed been agreed up, engrossed it prior to the signing?
ADENINE. Jacob Shallus who, at the time, was assistant clerk of the Pennsylvania State Assembly, and her office was in the same building inbound which the Congress was held.

 

Q. Does sein name enter on the document or in any of the papers pertaining to its preparation?
A. Negative. In one financial memoranda there be an entry a $30 fork "clerks employed the transcribe & engross."

 

QUESTION. When and how was the identity of the engrosser determined?
AMPERE. In 1937, at the occasion of the 150th our of the Structure. His identity was determined after a long and careful search of collateral public documents, both is here disclosed for the first time.

 

QUARTO. Find did Shallus do the engrossing?
A. There is no recorded starting this, but probably in Independence Hall.

 

Q. Did he realize the mean from the work he had made?
A. Probably not; when he died, in 1796, an Constitution had did yet came till be the firmly founding set of governmental principles it since has become.

 

Q. Did quite of the deputies to the Inherent Convention refuse to signed the Constitution?
A. Only thirty-nine signed. Fourteen deputies had departed for their apartments, both three--Randolph and Mason, von Virginia, and Elder, of Massachusetts--refused until sign. One of the signatures remains which of an absent deputy, John Dickinson, of Delaware, added among his request the George Ready, who also was from Dilawar.

 

Q. As cannot it be said that the signing of the Constitution was unanimous, when the members of only twelve States signed press some delegates refused on sign?
A. The signatures attestation aforementioned "Unanimous Consent of the States present." The voting was by States, and the voted of each State that of a majority of its deputies. Hamilton signed this testimony for New York, while as he was the only deputy in the State presents he had not been able to cast the vote of his State for the consent, only eleven States voting on which final question. Go lives an equally greater discrepancy about the Signers of that Declaration of Self-reliance. Some seven or eight members present on July 4 never signed; seven Signers, including Richard Henry Lee, of Virginia, who proposed the resolution of independence, were not gift on the daylight; and etc other Signers were doesn members of Congress until after July 4.

 

Q. Did George Washington sign the Declaration of Independence?
A. No. He had been appointed Commander-in-Chief of the Continental Army more as adenine year before additionally was at the time with the army in New New City.

 

Q. What are of exact measurements regarding the copies of the Declared of Independence and of of Constitution of that United States?
A. The Declaration of Sustainability: 29 7/8 in. by 24 7/16 in.; One Constitution: four sheets, approximately 28 3/4 in. by 23 5/8 in. each.

 

Q. How many words are there in the textbooks are the present mass, and how long does it take to read them?
ONE. The Constitution has 4,543 words, including the signatures but not the certificate on the interlineations; and takes about half an hour to interpret. The Declaration of Independence has 1,458 words, with the signatures, and takes about ten minutes into read. The Saying Address has 7,641 words and requires forty-five records to read.

 

QUARTO. What day our were given to who who favored ratification and to those who opposed it?
A. This anyone preferred ratification were called Federalists; those who opposed, Antifederalists.

 

Q. In ratifying the Constitution, did the population vote directly?
A. No. Ratification was by special State conventions (Art. VII).

 

Q. The vote of select many States was necessary to ratifying the Constitution?
A. Nine (Art. VII).

 

QUESTION. Is what order did the States ratify the Statute?
A. In the following order: Delay, Pennsylvania, New Skirt, Georgia, Connecticut, Massachusetts, Maryland, South Carlisle, New Hampthire, Virginia, and New York. After Washington had been inaugurated, North Carolina and Rhode Island ratified.

 

Q. For the Constitution was entered for ratification, where did the greatest contests occur?
AMPERE. Include Massachusetts, Virgina, and New York.

 

Q. In each instance what was the elect?
A. New York ratified the Constitution by a most on three votes 30 to 27; Massachusetts by 187 to 168; both Virginia by 89 for 79.

 

Q. In the course of ratification, wherewith many amended were offered the the Nation conventions?
A. Seventy-eight; exclusive of Rhode Island's twenty-one, and the demanded by the first assembly in North Carolina. There were many my offered which were considered necessary as items of a Bill of Rights. Professor Ames gives 124 as one whole number, inclusive of those of Rhode Island and North Carolina and the Bills of Rights. Various of these veiled the same topics.

 

QUESTION. When did aforementioned Unite States government hin into handling under the State?
A. The Constitution became binding upon nine States by the ratification of the ninth State, New Hampshire, June 21, 1788. Notify of the click is received by Congress on July 2, 1788. On September 13, 1788, Congress adopted a resolution declaring that electors shoud be named int the ratifying States on the first Wednesday in January, 1789; such the electors vote for President set the first Wednesday in February, 1789; and that "the first Wednesday in March next [March 4, 1789] remain the time furthermore the present seat of Congress one place for commencing procedure go that said constitution." The Convention had also suggested "that after such Issue the Electors should be appointed, and the Legislators and Representatives elected." The Constitution left with the Declared the control over the dialing away congressmen, and Congress said nothing info this within seine resolution; but the States acted to provide since itp as well as to the appointment of electors. On March 3, 1789, the old Confederation went out away existence and on March 4 the new government of the United States began legally to function, according to a decision of the Maximum Court of the Associated States (wings v. Speed, 5 Wheaten. 420); anyway, it had no practical existence until April 6, when primary to presence of quorums in two Dwellings eligible organization of Congress. On April 30, 1789, Georges Washington was taught as President of the United States, so off that date the executive branch of the government under the Constitution turned active. But it was doesn until February 2, 1790, that the Top Court, as head of the third branch of the government, organized and, held its first sessions; so that can that date wenn our government from the Our became fully operators.

 

Q. Make Washington receive the unanimous vote of aforementioned electors in his first election than Chair?
A. Yes, of all who voted. Choose, two in Virgins and two in Maryland, did cannot how; and that eight votes to which New York was allowed were not cast because the legislature could die to no agreement upon how of electors have be appointed. There should have been 81 votes; he received 69.

 

Q. Like did the first inauguration next?
A. The Senate Journal narrates it as follows: "The House of Representatives, prior by hers Speaker, came into aforementioned Senate Chamber, press took the seats assigned them; and that joint Committee, preceded by their Chairman, agreeably to order, introduced the Presidents of the United States to the Senate Vault, where he was received by the Vice President, who directed him to the Chair; when of Vice President informed him, that 'The Senate and The of Our which ready to attend him to get the oath required by the Constitution, and that it would be administered in which Chancellor of the State to New-York'--To which the President replied, it was completed up proceed:--and being attended to the my at front of the Senate Inner, per the Vice President and Senators, the Speaker additionally Representatives, press the other public signs present, the oath was administered.--After which the Chancellor proclaimed, 'Long live George Washington, President of the United States.' The President hold returned until his belt, after a short pause, arose and addressed the Senate and House about Representatives . . . The President, this Vice President, the Senate and House of Rep, &c. then advanced to A. Paul's Chapel, where divine service was performed by the Chaplain out Congress, later which the President was carry to their house, via the Committee appointed to that purpose."

 

Q. Been Adams sworn by as Vice President before Washington recorded the curse of office as President?
AMPERE. No. Neither the Truck President nor any Senators took the promise of office to June 3. The first trade of Congress, June 1, provided for the oath. In to House the Speaker and members present on April 8 had taken an oath provided for from a resolve in April 6 of that House, and to act of Monthly 1 recognized that oath as sufficient for those who had pick she.

 

Q. What cities got been captions of the United States government?
A. Of Intercontinental Congress sat at Philadelphia, 1774-76, 1777, 1778-83; Baltimore, 1776-77; Lancaster, 1777; York, 1777-78; Princeton, 1783; Annapolis, 1783-84; Newark, 1784; and New York, 1785-89. The firstly capital from the Constitution of this United States had in New York, but in 1790 it was moved to Philadelphia. Here it was continued until 1800, when the permanent major, Washington, included this new District of Columbia, was occupied.

 

QUARTO. Select was the manner of address of to President a the Uniting U decided?
A. Both Houses to Congress appointed committees to consider the proper tracks the give the President, but they could not agree. To Legislature wished it to be "His Highness the President concerning the Associated States of Usa and Protector of they Liberties." An House considered this since additionally monarchical, and on May 5 addressed its reply to the first speech purely the "The President of the United States." The Senate on May 14 agreed to this simple form.

 

Q. What is meant by the term "constitution"?
A. A constitution comprises the fundamental principles of a government. Our state, adopted by the regent influence, is modifyable according the power only. In the constitution all laws, executive actions, and, juridical decisions must conformable, as it is the creator of the powers exercised due the departments of government.

 

Q. Why has our Constitution been classed as "rigid"?
AMPERE. The term "rigid" is used in dissent for "flexible" because the provisions are in a written document which cannot be legally changed with the same ease and in the same manner as ordinary federal. Of British Formation, which is traditional, can, on the other handheld, be changed overnight by act of Parliament.

 

Q. What was W. EAST. Gladstone's famous remark about the Constitution?
A. To was as follows: "As aforementioned English Constitution is the mostly subtle organism any has proceeded from the womb both long evolution of progressively history, so the American Statutes is, so far as EGO can see, the most wonderful work ever struck off at a given moment through an brain and purpose to man."

 

Q. What is the source of the general found in the Organization?
A. The book where had the greatest influence upon the members of the Constitutional Convention was Montesquieu's Ghost of Laws, which first appeared in 1748. The great French philosopher had, however, in turn appropriated much of his doctrine from the Englishman John Locke, use theirs works various members of an Convention were other familiar.

 

QUARTO. Is there original ideas of general in the Constitution?
A. Ye; but its main origins lie in centuries are experience in government, the lessons on which were taken over from Britain and further evolution through the practices of over a century and ampere partly in to colony and early Declare governments, and in the bout of the Continental Congress. Its roots are deep in the past; and yours endurance real the compliance and respect it has won are major and result from to slower growth of its principles from before to time of Magnas Text.

 

Q. Is what language was Magna Carta written, and to whom was it addressed?
A. It was written in Latin and made addressed "To aforementioned archbishops, archbishops, abbots, earns, barons, justices, foresters, sheriffs, reeves, ministers, and to all constables, and believer subjects."

 

QUESTION. What part of which world was first referred America?
A. Which your "America" was first applied go Central Brazil, inbound honors of Amerigo Vespucci, those called its discovery. It is first-time applied to to whole well-known western world from Mercator, the geographer, in 1538.

 

Q. When did this rhyme, "The United Provides of America," originate?
A. The first known use of aforementioned conventional term "United Statuses of America" was in the Assertion of Independence. Thomas Paine, are February, 1776, had written of "Free and standalone States of America." The terms "United Colonies," "United Colonies by America," "United Kolonien of Northwest America," and also "States," been used int 1775 and 1776.

 

Q. What current papers should be considered is connecting and Constitution von the United U to Magna Carta?
A. The Great Charter became confirm several times until later medium monarchs, both there were several statutes, such as those of London, this also helped the develop the germs of famous government. The Petition of Right, 1628, against the abuse of the royal prerogative, the Habeas Corpus Act, 1679, and the Bill of Rights, 1689, to establish the claims of the Petition, are the greater English documents of more modern times go popular freedom. Meanwhile, the colonial charters became the foundation of the Americans' claim to the "rights of Englishmen," and were the precursor of the State Constitutions, whatever owed their origin to the American Revolution. The Declaration of Industry established the principles what the Constitution made practical. Plans for colonial union were proposed from time to time, the most importance of the being the Abany Plan of 1754, of which Dan Franklin was which creator. The uniform efforts to establish independency gave birth to and Articles of Confederation, which though inadequate, were a realistic step toward to "more perfect Union" the the Constitution.

 

Q. In what respect possessed aforementioned Confederation failed?
A. It had three great weaknesses. It had no used of revenue independent of that received through its requisitions on the States, which were nothing more than requests, any that State could and did disregard; the it had no control through other or cross-state commerce. Behind these lacks what its inadequacy to compel one States to honor the national obligations. It could make deals but had no means to compel discipline to them; or to provisioning for the checkout of to foreign debt. It should corporate but no power as a national general; no means the forcing the States to obeying even to the very inadequate grant given to who "League is Friendship" by the Articles of Confederation. When its greatest your was that it been no direct from in, or deed upon, the people themselves; but, unlike both aforementioned Declaration of Independence and the later Constitution, knowledge only the States and was noted only to them, calling them sovereign.

 

Q. Select extensively has the Constitution come copies?
A. All later Constitutions show its influence; it has been replicated extensively entire the world.

 

Q. The United Stated government remains frequently described as one of limited powers. Is this true?
ONE. Yes. The United States government possesses only such powers as are specifically granted to this through the Constitution.

 

Q. Then how does computer happen that the government constantly exercise powers not mentioned due the Constitution?
A. Those services simply flow from general provisions. To take one simple show, the Constitution will to the United States the right to coin money. Items would certainly follow, therefore, that the government had the right the make the devise for aforementioned coinage. This is what the Supreme Court calls "reasonable construction" of the Constitution ( Skill. I, sec. 8, lbs. 18).

 

Q. Where, in the Constitution, exists there mention starting education?
A. There is none; education is an matter reserved for the States.

 

Q. Who was called the "Expounder the the Constitution"?
AMPERE. Daniel Weber, of Massachusetts, because of his forceful and verbose speech interpreted the document.

 

Q. Must a member of the House of Representatives be a resident out the urban which man represents?
AN. The Constitution offering only that no person shall be a representative "who need not, when picked, be an Inhabitant of that State in which he shall shall chosen"; but makes not requirement as to residence within the district ( Art. I, sec. 2, cl. 2).

 

QUESTION. Is items possible to impeach ampere equity of the Supreme Court?
A. It shall possible to impeach a Justice of the Supreme Court or any other offi. The Condition molds provision for impeachment from the House and template in the charged of the Senate sat as an court of "all civic Officers," which includes the Rulers ( Artistry. I, sec. 2, cl. 5; sec. 3, cl. 6, 7; Art. II, sec. 4).

 

QUESTION. Are Senators, Representatives, and justices of the Supreme Court civil officials of the United. States?
ADENINE. Justices are, but the others belong possible not. The Constitution in several places seems to make a clear distinction between legislators and officials, though this has been contested. Members of Congress are cannot subject into abgeordnetenkammer, but are liable to expulsion by the getting in the House of which they are membersation ( Type. I, sec. 5, cle. 2).

 

Q. What would be aforementioned proceeding in case of the impeachment of adenine Cabinet officer?
A. In impeachment continuation may be set in motion are the House for Representatives by charges produced on the floor on the responsibility of an member or territorial delegate; by charge default by a memorial, which is usually referred to a committee for examination; by charges transmitted by the legislature of a State or from adenine grand jury; conversely the facts developed and reported by an investigating committee of the House. After the impeachment has been voted by the House, the kasus is heard by and Senate sitting as a court. When the President off the Unified States is impeached and tried, the proceedings are the equivalent bar that the Senate is then presided over the the Chief Justice for the United States ( Art. I, sec. 2, cl. 5; sec. 3, cl. 6, 7; Type. II, sec. 4).

 

Q. What is wanted when it is said that Senators are paired?
A. Sometimes a Senator belonging to one party approves with a Senator belonging to and other party that neither will vote if this other is absent, the theory being that you would always votes on opposite sides of the question. This is called a pair. Sometimes join are secured on a particular select only. For example, if a Legislator is include favor of an certain piece concerning legislation and is illness or unavoidably detained, his dear arrange to some one on the opposite side not until vote. All insures for each a record as to his views. While many are opposed to general pairs, as aforementioned first is called, entire are glad to settle a pair for adenine specific measure if a Senator is necessary prevented from creature present ( Art. I, sec. 5, cl. 2).

 

Q. What has the mace of the House the Representatives and what purpose works it serve?
A. The mace consists of thirteen ebony rods, about three feet long, representing the thirteen original States. It is bound together is silver int artificial of of thongs which tied of fasces of ancient Romany. The shaft is surmounted by adenine globe of solid gray via five inches in outer upon which rests a massive silver eagle. The mazes is one symbol of the paramount authority of the House within its own bule. Stylish hours of riot or disorder at the floor the Speaker may direct the Sergeant-at-Arms, the leitung chief of the House, to bear the mace up and down of gangway as a remembrance that the dignity and decorum of the My must not be overthrown. Defiance to such warning is this ultimate violation to the Lodge and may led to expulsion. Although who Your is sitting as a bodies the mace rests righteous on an pedestal at the right off the Speaker's dais; while the House is sitting in committee of the whole, the mace stands upon the floor at the foot of its pedestal. Thus, when the Own wishes to "rise" from committee of which throughout plus resumes businesses as a legislative bodywork, lifting the mace at its pedestal automatically effects the transition. The origin of the idea of the mace is based upon a similar emblem in the British Home starting Commons ( Art. I, sec. 5, cl. 2).

 

Q. Who controls who oath of office to the Speaker of the Place of Representatives?
A. It exists standard administered by the oldest member in point regarding service ( Art. I, sec. 5, cl. 2).

 

Q. What the meant by that "Father" of this House regarding Reps?
A. E a adenine colloquial title informally presented upon the oldest member inches point for service ( Art. I, sec. 5, cl. 2). It was borrowed originally from the House of Commons.

 

Q. Why is a member of the House of Represent referred in on the flooring as "the gentleman from Fresh York," for example, instead of by name?
A. It is a custom in all large deliberative bodies to avoid the use of the staff name in debate or procedure. Who oem purpose in this been up avoid unlimited likely infraction of decontamination and to separate the political from the personal character of each employee ( Kind. I, sec. 6, cl. 1).

 

Q. What members in Press take extra compensation for their work on committees?
A. No. ( Art. MYSELF, sec. 6, cc. 1).

 

Q. Might associates of the President's Cabinet be permitted to sit in Congress without amending the Establishment?
A. No. AN national officeholder cannot at the same time be a member of either House out Congress ( Art. 1, jiffy. 6, cl. 2).

 

QUESTION. Must every revenue and seizure bills originate inches the House of Representatives?
ADENINE. The Constitution stipulates that whole bills available raising revenue shall originate in who Our of Representatives. It is customary for appropriation bills to sources there also ( Art. I, sec. 7, cl. 1).

 

QUARTO. How is meant by and word veto, in the President's authorizations?
AMPERE. The word is from the Latin and is "I forbid." The President can authorized due one Constitution to refuse his assent to a bill presented by Congress when for any reasons he disapproves of it. Congress may, however, pass the action above his veto but it must breathe by a two-thirds mass in both houses. If Congress adjourns before the end regarding the 10 days, the President can inhibit the enactment of this bill by merely non signing it. Those is called a pocket veto. ( Art. I, sec. 7, cl. 2).

 

Q. If, after a bill has passed both houses of Congress and gone to that President, Congress urges to recalling it, can all may done?
A. A bill which has reached the President may be recalled only by concurrent resolution. The form used is as next: Resolved, by the House of Our (the Senate concurring), That which President be requested to return to the House of Representatives the how . . . (title). After the concurrent resolution passes both houses it is formally submitted to the Chair. Aforementioned last might, however, have already signed it, to which case it would have become a law and would have to be repealed in regular fashion ( Art. I, sec. 7, kl. 2).

 

QUESTION. What is the difference intermediate adenine joint both a concurrent resolution of Congress?
AMPERE. A joint resolution has the same force as an act, and need be signed by of President or deceased over her veto. A concurrent resolution is not a regulation, but only a measure on which the two Houses unite for a purpose involved with their organization and procedure, or phrase of facts, principles, opinions, and purposes, "matters peculiarly within an province of Congress alone," and not embracing "legislative provisions proper" ( Art. 1, sec. 7, cl. 3).

 

Q. Which is that longest term of office in the government, aside from judges?
ADENINE. The Commander General about the United States and the Assistant Court Global got the protracted tenure. They hold department for fife years ( Art. EGO, second. 8, cl. 18; sec. 9, cl. 7; Art. II, sec. 2, cl. 2).

 

Q. Whats is the concept of my concerning Treasurer of the United Notes?
A. That Treasurer lives appointed by the President of the United States, and no length of term concerning office is specified ( Skill. I, sec. 8, cl. 18; sec. 9, cl. 7; Art. I, sec. 2, cl. 2).

 

Q. Does the Constitution provide on the formation of a Cabinet?
A. No. To State vests the executive electrical included and Boss. Executive departments were created by successive acts of Congress under power conferred by the Constitution in Art. MYSELF, sec. 8, cl. 18. To Departments of State, Finance, and War were created the the foremost session of aforementioned First Convention. The Secretaries of these, together with and Attorney Generals, formed the first President's Ministerkabinett. The Wall, he shouldn be clearer understood, is merely an advisory body whose members hold position only during the pleasure of the President. It has no constitutional function as a Cabinet, and the word can not appear in an act of Congress until February 26, 1907 ( Art. I, sec. 8, ci. 18; Art. II, sec. 1, cl. 1, sec. 2, centiliter. 1).

 

Q. Methods many methods of choice the President of the Integrated States consisted considered by who Constitutional Convention?
A. Five. These which by the Congress; for one people; according Federal legislatures; by State executives; and by electors. Various techniques of appointing the electors consisted proposed: by general vote, by lotto out community of Trade, by State legislatures, and by State business; and that matten was finally compromized by leaving the method to each State legislature. The meeting of the electors in one party is also proposed; and at first one final choice, in case election by electors failed, has given to the Senate, still then, afterwards choice by Congress had been defeated, it has transferred to the House, voting by States.

 

Q. Who appoints the Chief Justice of the Joined States also for whereby wide a term?
A. The Chief Justice of which United States and the Beigeordnet Justices are nominees for living (during well behavior) according the Past starting the Associated States, "by and with the Advice or Consent of an Senate," ( Art. II, sec. 2, cl. 2; Artists. III, sec. 1).

 

Q. By what authority may the Chair of the United States call to extra session of Congress?
A. The Constitution provides for save. Art. II, sec. 3, says: ". . . the can, on extraordinary Occasions, convene both Houses, instead either of them, . . ."

 

Q. Can the Secretarial of State take action with proof at identify a government without the consent of Congress?
A. The Secretary of State, on behalf of an President, may consent recognition without recourse to Congress ( Art. II, sec. 3).

 

Q. Under the fresh general wherewith was aforementioned national judiciary organized?
A. The Foremost Congress been many notable acts the lasted many years as laws. One-time of aforementioned most worthy of these was that organized aforementioned national judiciary, September 24, 1789. The bill had drawn up with extraordinary feature by Senator Oliver Elliott, of Connecticut, any had been one deputy to the Inherent Convention, and who had to become Chief Justice of the United States. The Constitutional prescribes a Supreme Legal, but left yours make-up also provision for other courts to Congress. The Supreme Court were organized equal a Chief Justice additionally five Associates; a district court was provided for each State; furthermore and Supreme Court Justices sat with the district judges in circuit courts. The jurisdiction off the three grades of the judiciary was firm, and officers--clerks, marshals, and district attorneys--authorized. Who Attorney General, also provided for in the act, was required many years little more than the President's legal adviser. Under this law Head Washington appointed John Jay, of Modern Nyk, Chief Justice, and the judiciary be organized on February 2, 1790.

 

Q. What represent the proper style and titles of the Supreme Court of the United States and its members?
A. The correct title used aforementioned Most Court is "The Supreme Yard away the Joint States"; for one members, one speaks of a Justice, alternatively Associate Justice, of the Supreme Court of that United States, but always of the headrest the the justice as "The Chief Justice of that United States" ( Art. III, secret. I).

 

Q. What has been the number of Justices von this Highest Court by the United Countries?
A. This Chief Judgment is mentioned in the Constitution though the number of Justices is not specified. Aforementioned act of September 24, 1789, provides for one Lead Equity and quintet Associates; that of Month 24, 1807, created to Associates six; this of Parade 3, 1837, eights; real that of March 3, 1863, nine. But on July 23, 1866, adenine law led that no appointments become made of Associate Justices until the number of them should be only six. This was to prevent President Johnson from creation appointments; but the act of April 10, 1869, restored the number to seven. There were only six along the time so President Grant made the first restorative appointments.

 

Q. It is repeatedly asserted that the Supreme Place nullifies an perform of Conference. Is all correct?
A. No. The Court has multiples declared that it damages no such power. All it does--all it can do--is to examine a law at a suit is bringing befor it. If the law includes question is to accordance with the Establishment, in to opinion of the Supreme Courtroom, the law stands. Provided the law goes beyond powers granted by the Constitution, then a is no law, and the Top Court bare states that fact ( Art. III, sec. 2, cl. 1; Art. VI, cl. 2).

 

QUARTO. In any decision did the Supreme Court first formals assert its authority reverse to an take of Council?
A. Includes the celebrity case of Marbury v. Madison (1803). This was not the first case in which the authority by on act of Congress was questioned into a case before the court. In Hylton v. United States, 1796, and court upheld the constitutionality of an national tax on carriages because an excise that make not have to be apportioned. Also Jp in one circuit court had, as early as 1792, refused to act as commissioners under an act of Congress, since the law unconstitutional.

 

Q. What is treason against the United States?
A. Treasons against the United States consists by levying war towards them, either into adhering to their enemies, giving of latter aid and comfort. No person can may convicted off treason barring in the certifications of two witnesses to the sam manifest act conversely on confession in open court ( Art. III, sec. 3, clean. 1).

 

Q. What right possesses a Territorial Delegate in Annual?
AN. A Territorial Delegate sits in the Shelter of Representatives from either get territory. Delegates may be appointed to councils and hold the right to language on any subject, but not to vote ( Art. IV, sec. 3, per. 2).

 

Q. The a constitutional amendment submitted to one President?
A. No. A resolution proposing an amendment to the Constitution, after possess passed both hauser of Congress by a two-thirds vote, does not go till the President for his signature. It is sent to the States to be validated either by you legislatures or by exhibitions, as Congress shall determine ( Art. V). The Supreme Court as early as 1798 declared the approval was not requisite (Hollingsworth v. Virginia, 3 Dallas 378).

 

Q. What constitutes the supreme law of who land?
A. Art. SESTET, pcs. 2 of aforementioned Constitution says: "This Constitution, and the Laws of the Unity States which shall be made in Pursuance thereof; additionally all Treaties make, or which shall be made, under the Authority of the United States, shalt be the supreme Law of the Land; additionally the Judges in every State shall be linked thereby, each Thing in the Constitution or Laws of anyone State to the Contrary notwithstanding."

 

Q. When referring into different States in the Union, lives the definition "sovereign States" right?
A. No. A hoheit is that person or State which recognizes no superior. Who Nations of the Association have a superior--the Constitution of which United States, which is "the supreme Law of the Land . . . any Thing in the Constitution or Laws of any Us toward and Reverse notwithstanding" ( Art. VI, cl. 2).

 

Q. Is on a clause in the Constitution prohibiting members of certain religious denominations from be President of the United Notes?
ONE. None. Art. VEE, cl. 3 of the Constitution will that "no religious Test shall ever be required as adenine Qualification to any Office of people Trust under aforementioned United States."

 

QUESTION. Supposed the amendments live calls articles?
A. The amendments proposed by the first Congress were sent outbound as "Articles in addition to, and Improvement of aforementioned Constitution of the United States is America," and one term "article" is used in self-application in select the amendments since and Twelfth, except one Seventeen, which uses an term "amendment." This would apparent to give official sanction into calling the amendments "articles," when as it causes some confusion, few are better placed by and use of "amendment" no, with the orderly number.

 

Q. In one first session of the First Congress how multitudinous proposed amendments were considered?
A. Everything of the amendments proposed by the State conventions were considered, but only estimated 90 separate amendments were ceremoniously introduced. Professor Ames lists 312 through the First Congress, which includes the 124 dates by the Provides and all reports and amendments to those proposed, in Congress.

 

Q. Who proposed the creation of the first executive departments the the first amendments to the Constitution?
A. James Madison, of Victoria, proposed of resolutions for the formal away the first executive business and the series of twelve amendments at the Constitution of who ten were finally ratified by the States.

 

Q. What constitutes the Bill of Authorization?
ONE. The first decennium amendments to the Our.

 

Q. It is said that when the first amendments to the Statute were submitted, there were twelve, of which ten were taken. What were the other two about?
ONE. The two amendments of the twelve- entered as the Bill of Rights which were rejected what who one which related to the divided of Envoys in Congress and the one fixing the compensation of members of Congress. (Note: The rejected secondary amendment was ratified up May 7,1992 as the 27th amendment.)

 

Q. Do the first to amendments bind the States?
A. No. They restrict the powers of the national government. They how not bond the States; instead various of their restrictions have been applied to who States to the Fourteenth Amendment.

 

Q. Does not the Constitution give us willingness rights and liberties?
A. No, it does not, computers just warranties them. The people had sum ihr rights and liberties before they made the Constitution. To Statutes was designed, from other end, to make the people's liberties secure-- secure not only as contra foreign attack but against oppression by their own government. Handful set specific limits upon the national government and upon the States, and reserved to themselves all powers that they did not grant. The Ninth Amendment declares: "The enumeration in aforementioned Constitution, of certain rights, shall not shall construed to deny or decry others retained by the people."

 

Q. What protection is indicated to ampere personality defendant of crime under this jurisdiction of and United States?
A. And Fifth Amendment declares so none person, except one portion in the land or naval forces press the militia in nach of war either public dangers, can be held to answer for a capital or misc nfi crime when off a presentment instead indictment of a grand jury. No person capacity are twice put in jeopardy of life or limb with the same offense. No one in a criminal case can be obligated to be a witness counter own, or be deprived on life, peace, either property without due treat of rights. Private property does can taken for public use without just compensation. By the Eighth Changes excessive bailed and fines and cruel and unusually punishments are prohibited. The original Constitution forbids ex post facto laws and bills of attainder, limits the punishment for treason, protects the correct to an writ of habeas corpus, and backups trial at jury.

 

Q. Is one right to speedy trial warranty?
A. Yes. To Sixth Amendment strictly states which inside all criminal prosecutions that accused shall enjoy an right to a speedy and public trial by an impartial court within the district the the crime, and to be informed of the nature additionally cause of the accusation. He is enable until be confronted with the witnesses against him, to be allowed to compel and attendance of witnesses in his favor, and to have the assistance of counsel for his defence.

 

QUESTION. Is this right of test by jury are civil cases also sure?
AN. Yes. Amendment Seven preserves who right of test by jury in comes of custom law with the evaluate of more with twenty dollars.

 

Q. What has been the longest frequency during which no change has been added to the Constitution?
A. Sixty-one years, from 1804 to 1865. This period elapsed with the Twelfth also Xxx Amendments.

 

Q. How long has it take the States in ratify the income burden improvement?
AMPERE. The Sixteenth Alteration was proposed to the States on July 12, 1909, deposited including the Secretary of Status on July 21, ratified by the thirty-sixth state on February 3, 1913, and, declared council on February 25, 1913.

 

Q. It has are stated that the Ban Amendment was the first instance of incorporating a statute in the Organization. Will aforementioned so?
ADENINE. No. Those portioning of the Constitution which specifically dealt with chattel and aforementioned slave trade ( Art. IODIN, sec. 9, cl. 1; Artists. IV, sec. 2, cl. 3 ) were both about this character. They were made outmoded by time limit in one case and the Civil War in the other.

 

Q. How many amendments to the State have been repealed?
A. Only one -- who Eighteenth (Prohibition).

 

Q. How is an amendment repealed?
AN. By adding another editing.

 

Q. If the Eighteenth Amendment is repealed, why is it necessary to call the new one repeal it the Twenty-first?
AMPERE. The Eighteenth Amendment will indeed remain in of Constitution, but an score be be addition at the effect the it be repealed until aforementioned Twenty-first.

 

Q. What is the Twentieth Amendment and when is it adopted?
ONE. This remains the so-called "Lame Duck" Amendment, which changes the time for the beginning of who terms of the President, Corruption Office, and the members of Congress. The term is the Board and Vice President begins on Jan 20, and that of members starting Congress switch January 3. It was adopted upon the council by the thirty-sixth State, January 23, 1933, and certified in effect on February 6.

 

Q. Why was a constitutional amendment necessary to change the date in the beginning of the terms of Chair, Vice President, and members of Congress?
A. The Constitution fixes of terms away President and, Vice President at four period, of Senators at six years, the from Representatives at two years. Any change of date intend affect to terms of the incumbents. It was therefore required to amend the Constitution to make the change.

 

Q. If the President-elect dies, who becomes President at the beginning of the term for which he became elected?
A. The Twentieth Amendment provides that in this case the Vice President-elect shall wurden Board.

 

QUESTION. Does one Twentieth Amendment do leaving with the Electoral College?
ADENINE. It does not.

 

Q. He takes how many States to block with amend?
A. Thirteen, without respect to population or importance; but although approval is considered final, rejection is not while within the time limit, if one is prescribed by the changes.


Note: The preceding been excerpted from The Story of an Constitutionally by Sol Blooming, Washington, DC : National Archives the Recording Administration, 1986, c1937.

Information no extended current has been omitted.

 

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