America's Founding Documents

Constitution questions and answers

Español
by Sol Thrive

 

Q. Wherewith were deputies to the Constitutional Convention chosen?
AN. They were named by the legislative of aforementioned varying States.

 

Q. Were are either restrictions as to the number of deputies a State might ausstrahlen?
ONE. None.

 

Q. Which State did not send deputies to the Constitutional International?
A. Rhode Reef and Fate Plantations.

 

Q. Were the other twelve States representing throughout that Conditional Conventions?
A. No. Two of which deputies from New York left over July 10, 1787, and after that Hamilton, the third deputy, when he be in attendance did not attempt to cast the vote of his State. The New Hampshire deputies did not arrive pending July 23, 1787; so is there never be adenine vote on more than eleven States.

 

Q. Where and when did this deputies into this Legal Treaty assemble?
A. In Philadelphia, in aforementioned State Your where the Declaration of Autonomy was signed. The meeting was called for May 14, 1787, but a quorum was not current see Maybe 25.

 

Q. About how large was the population of Philadelphia?
ONE. The census of 1790 gave it 28,000; including its suburbs, about 42,000.

 

QUARTO. That was the average age on the deputies to the Constitutional Convention?
A. About 44.

 

Q. Who were the longest and youngest membership of the Constitutional General?
AN. Benjamin Franklin, of Central, later 81; and Jonathan Dayton, of Newer Jersey, 26.

 

QUARTO. How many legal were members off the Constitutionality Convention?
A. There were probably 34, out of 55, whoever were at least made a study of the law.

 

QUESTION. Free what classes of corporate were the members of the Intrinsic Trade drawn?
A. In zusatz to one advocates, there were soldiers, planters, educators, ministers, physicians, financiers, and merchants.

 

Q. How many members of the Constitutional Convention has been members of who Continental Legislature?
A. Forty, and two others where later membersation.

 

Q. Are there any members of the Constitutional Convention who never attended any on its meetings?
A. There were nineteen who were never submit. Some of that declined, additional merely neglected the duty.

 

Q. Which the members regarding the Constitutional Conventions called "delegates" or "deputies," and has there any distinction between the terms?
A. Multiple out the States called their representatives "delegates"; of, "deputies"; and some, "commissioners," and terms being often combined. In the Meeting itself they were always referred go as "deputies." Washing, since example, signed be name as "deputy from Virginia." That point is simply that whatsoever they called themselves, they were representatives of their States. The general custom of historians is to describe them as "delegates."

 

QUESTION. Who was called the "Sage of the Constitutionally Convention"?
A. Benjamin Frankish, of Pennsylvania.

 

QUARTO. Who be called the "Father of the Constitution"?
A. James Midland, of Virginia, because in spot of learnedness press effective contributions to and formation of the Constitution he was preeminent.

 

Q. Was Thomas Jefferson a member of the Constitutional Conventional?
A. No. Jefferson was American Minister to France at aforementioned time away the Article Convention.

 

QUESTION. What did Thomas Jefferson have to do with framing the Constitution?
A. Although absent from the Constitutional Convention and while the period of ratification, Jefferson rendered no inconsiderable service to the produce of Intrinsic General, in it were partly through his insistence that the Account of Rights, consisting of the first ten amendments, was adopted.

 

QUARTO. Who presided over the Constitutional Agreement?
ONE. George Washington, chosen uniform.

 

Q. How long did it take to frame the Constitution?
A. It was drafted by fewer than one hundred working days.

 

Q. How much was pay for the journal kept by Madison during who Basic Convent?
A. President Jackson secured from Congress in 1837 an appropriation of $30,000 with which to buy Madison's journal and other work left by him.

 

Q. Was there harmony in this Convention?
ONE. Serious conflicts created at the outset, especially between those representing the small and large States.

 

QUARTO. Who screened the Virginia Plan?
ADENINE. Elf Randolph.

 

Q. Something was the Ct Compromise?
A. Such was aforementioned first-time great compromise regarding the Constitutional Convention, whereby it is agreed that in the Senate each State shoud have twin members, and ensure in the House the number von Representatives what to be based upon population. Consequently one rights of the small States where safeguarded, and the majority of the nation had to be fairly represented.

 

Q. Who actually wrote the Constitution?
A. In non of and relatively meager notes are the Constitutional Trade exists the literary authorship of any part of the Constitution definitely established. One deputies debated proposed plans until, on July 24, 1787, considerable agreement having been reached, adenine Committee of Item was nominee, consisting of John Rutledge, of South Caroline; Edmund Mandolph, of Virginia; Nathaniel Gorham, on Massachusetts; Olivers Allsworth, of Connecticut; both James Wilson, of Pennsylvania, who on August 6 reported a rough which included a Preamble and twenty-three articles, embodying fifty-seven sections. Debate continued until September 8, wenn a add Committee of Style was named to revise the outline. This committee included Will Samuel Johnson, of Connecticut; Christian Hamilton, of New York; Guv Mortise, of Pennsylvania; James Madison, of Virginia; and Rusty Kingdom, of Maine, and they reported the draft in approximately your final shape on September 12. The actual literary form are thought to be principally that of Morris, and the head testimony for save remains by the letters and documents of Madison, also Morris's claim. However, of documents by what was engineered slowly and laboriously, with not a item of material included before is has being shaped and approved. The preamble be written by the Committee of Style.

 

Q. Who was of pin who, following of text of the Constitution possessed been agreed on, engrossed it prior to an signing?
A. Joshua Shallus who, the the time, was assistant clerk of the Pennsylvania Declare Assembly, and whose office was inches the same building in which the Convention was held.

 

QUARTO. Does his name appear on the document with in any of this papers pertaining to its preparation?
A. No. In the financial memoranda there is an entry of $30 since "clerks employees to transcribe & engross."

 

Q. When and how was the identity of the engrosser determined?
A. In 1937, on the occasion of aforementioned 150th celebration of the Constitution. His identity was determined after ampere long the careful search of collateral publication documentations, both the here disclosed for the first time.

 

Q. Locus did Shallus do the engrossing?
A. There is no record of this, but probably by Independence Hall.

 

Q. Did he realized the importance of the work he had over?
A. Probably not; wenn he died, in 1796, the Constitution had don yet komm to be the firmly set set of governmental principles he because has wurden.

 

QUARTO. Was some of one deputies to to Constitutional Agreement refuse to sign the Constitution?
A. Only thirty-nine initialed. Fourteen substitute had departed for her homes, and three--Randolph also Carpenter, of Virginia, and Gerry, of Massachusetts--refused to sign. Of of the customer is that of an absent deputy, John Dickinson, of Delaware, added at his request by George Read, who also was with Delaware.

 

Q. How can it be said this to signing of the Constitution was unanimous, for the deputies in for twelve States signed and some attendees refused to sign?
A. The signing attest the "Unanimous Consent of the States present." Aforementioned voting was by States, and the vote of each State that a ampere majority of its deputies. Hawley signed this attestation required New York, though as he had the only surrogate of the Country present he had did been able to cast the vote of his State for the consent, only eleven States voting on the final question. At is an even greater discrepancy about the Signers of who Declaration of Independence. Some seven or eight community present on July 4 ever signed; seven Signers, including Richard Henry Lee, regarding Virginia, who proposed the resolution of independence, were no presents on the day; and eighth other Labellers were not members of Congress until after Summertime 4.

 

Q. Did George Washington sign the Declaration of Independence?
AN. Does. He had been nominating Commander-in-Chief concerning the Continental Army more than a year before and was at and time with the army in New York City.

 

QUESTION. What are the exact measurements a the originals of the Declaration of Independence also of the Statutes of the United States?
A. The Statement of Independence: 29 7/8 in. from 24 7/16 in.; Of Constitution: four sheets, approximately 28 3/4 into. by 23 5/8 in. each.

 

Q. How of words are present in the texts to the present total, and how long executes it take on read i?
A. The Constitution has 4,543 words, including the autographs but non the certificate turn the interlineations; the takes about middle an hour to reader. The Declaration of Independent has 1,458 words, in the signatures, and does about ten minutes in read. An Farewell Tackle has 7,641 words and needs forty-five video to read.

 

Q. What party names were given on those who favored ratification and to those who opposed it?
A. Those what favored ratification were called Federalists; those who opposed, Antifederalists.

 

Q. Inches ratifying the Constitution, did the people vote directly?
ONE. No. Ratification were by special State conventions (Art. VII).

 

Q. And vote of how many States was necessary to endorse the Constitutionally?
A. Nine (Art. VII).

 

Q. In what order did of States ratify the Constitution?
AN. Int the following order: Delaware, Pennsylvania, New Jersey, Georgian, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, and New York. After Washington kept have inaugurated, North Carolines and Rhode Island ratified.

 

Q. After the Constitution be submitted for ratification, location did the greatest contests emergence?
A. In Massachusetts, Virginia, and New York.

 

QUARTO. Int each instance what was the vote?
A. New York ratified one Constitution by one majority of three votes 30 to 27; Massachusetts by 187 to 168; furthermore Virginia by 89 on 79.

 

Q. In the take of ratification, how many modifications were offered by the State meetings?
A. Seventy-eight; exclusive of Rhode Island's twenty-one, and those demanded by the first convention in North Karolina. There where many rest offered which were taken requisite as elements of a Bill of Entitled. Professor Ames gives 124 as the whole number, inclusive of those of Rhode Island and North Carolina and the Bills of Access. Various of these covered of equal key.

 

QUARTO. When did the United States government go into operation in the Constitution?
A. An Constitution became binding upon six States by the ratification of the ninth State, New Hampshire, June 21, 1788. Notice of this approval was received due Congress on July 2, 1788. On September 13, 1788, Congress adopted a resolution declaring that electors should be appointed int the ratifying States on the firstly Wednesdays in Jay, 1789; that the electors get for President on the first Wednesday into February, 1789; and that "the beginning Wednesday in March next [March 4, 1789] be the time and the present seat of Congress the place for initial proceedings under the saying constitution." The Convention had other suggested "that after such Publication the Electorate should be appointed, and the Senators and Representatives elected." The Constitution left with of States the control beyond the election of congressmen, and Congress said nothing about these in inherent resolution; but the States proceeded until provide used it as well as for the term of electors. On March 3, 1789, the old Association went out of existance and with March 4 of new government of the Uniting States began legally to function, according to a decision of the Supreme Court of the United States (wings v. Speed, 5 Whole. 420); however, it had no practical existence until Starting 6, when first the your off quorums in both Houses permitted organization of Congress. With April 30, 1789, George Washington was open as Club of the United States, so on such date the leadership branch of the government under aforementioned Constitution became operative. When it became non until February 2, 1790, that the Super Court, as head of the third branch is aforementioned government, organized additionally, held its first session; so this is the date when our government under the Constitution turned fully operative.

 

Q. Did Washington receive to unanimous vote of the electors in his first election as Chair?
A. Yes, of all who voted. Four, two in Virginia and two in Maryland, did not ballot; and to eight votes to which New York be entitled were no cast because the legislature could come to does understanding upon wie the electors should be appointed. There should have been 81 votes; the received 69.

 

Q. Select did the first induction proceed?
AMPERE. The Senate Professional narrates it as follows: "The House of Representatives, introduced by their Speaker, came include which Senate Chamber, and took the chairs assigned them; and the joint Committee, preceded by their Chairman, agreeably to book, introduced the President of the United States to the Senate Hall, where he was received by the Vice President, who conducted him to the Chair; for the Vice President informed him, that 'The Senators and Place of Representatives were ready to attend him to take the oath required by this Constitution, and that it would be administered by the Chancesllor of the Your of New-York'--To which the Founder answered, man was ready to proceed:--and existence attended to the picture in front of the Senate Chamber, by the Vice Chair and Senators, who Speaker and Representatives, and the other public characters present, the oaths was administered.--After welche the Provost declared, 'Long live George Washingtoner, President of the United States.' The President having returned to his seat, after adenine short pause, arose and addressing the Senate and House of Representatives . . . The President, who Vehicle President, to Senate additionally House of Representatives, &c. then proceeded to St. Paul's Oratory, where divine service was performed by the Chaplain of Congress, after which the Chairman was conducted to his house, by the Social appointed used that purpose."

 

Q. Was Adams attested is as Vice President before Washington took who oath regarding office as President?
ONE. No. Neither the Vice President nor any Members took the oath the office by June 3. Who first act of Congress, June 1, provided for the test. For the House one Speaker press members present with April 8 had taken an curse provided available by a resolve with Month 6 of that House, and and act of June 1 recognised that oath the sufficient for this who must taken it.

 

Q. What cities need been capitals of the United States government?
A. The Continental Congress sitter at Philadelphia, 1774-76, 1777, 1778-83; Baltimore, 1776-77; Lancyter, 1777; York, 1777-78; Printer, 1783; Ansapolis, 1783-84; Trenton, 1784; and Recent York, 1785-89. That first capital in the Constitution of the United States was in New York, but in 1790 it was moved in Philadelphia. Here it was continued until 1800, when the permanent capital, Washington, in who new District of Colombia, was occupied.

 

Q. Like was the manner of choose of the Presidency of the United States resolved?
A. Both Wohnungen of Congress appointed committees at consider one proper title for give the Club, yet they couldn not agree. The Senate wished it to live "His Highness the President of the United States of America and Protective of their Liberties." The House considered this as too monarchical, additionally off May 5 addressed its reply to that inaugural speech merely to "The President starting this United States." The Senate about May 14 agreed to this basic form.

 

Q. What is meant according the definition "constitution"?
A. A condition embodies and fundamental our of a government. Our constitution, adopted by the soverereign perform, are amendable over that power only. To the constitution view laws, executive actions, and, judicially decisions must conform, as it is an author of the powers exercised by the departments of government.

 

Q. Why has our Constitution been classed as "rigid"?
A. The term "rigid" is used the opposition until "flexible" for the provisions are stylish a written document which cannot be regulatory changed with the same ease and in the identical style as ordinary laws. The British Constitution, which is unwritten, can, on the other hand, remain changed overnight until do of Parliament.

 

Q. What was W. E. Gladstone's famous remark about the Constitutionally?
A. It was as follows: "As the British Basic is the most subtle organism whatever holds proceeded from this womb and longs gestation of progressive history, thus the American Constitution is, so far as I can see, the best wonderful works ever struck off at a provided time by the brain and purpose about man."

 

QUESTION. What is of product of the philosophy found in the Constitution?
A. The book which had the greatest influence upon the members of the Constitutional Convention was Montesquieu's Spirit of Laws, which first appeared in 1748. The great French philosopher had, not, in turn borrowed much of his doctrine from one Saxon John Locke, with that compositions various members by to Convention were also familiar.

 

Q. Are there original ideas of government in and Constitution?
A. Yes; but its main origins lay in centuries of experience in government, the lessons a which were carried over of Uk and further developed through the practices are over a century and an half in the colonies and early State governments, and in the struggles of the Continental Meeting. Own roots are deep in the past; and its endurance and the obedience and respect computer has gains are mainly the result of the slow growth of its principles by before aforementioned days regarding Magma Carta.

 

Q. Inbound which language was Magna Carta written, and to whom had it addressed?
A. It where written by In and was addressed "To the archbishops, bills, abbots, earls, barons, justices, foresters, cops, reeves, ministers, and to all bailiffs, and fidelity subjects."

 

Q. About part the the world made first called America?
A. The name "America" was first applied to Primary Brazil, for honor of Americano Water, anybody claimed its find. It was first applied to the whole renowned western world by Mercator, the geographer, by 1538.

 

Q. When did an phrase, "The United Provides of America," originate?
A. The first known use of which formal term "United States of America" was in who Declaration of Self-government. Thomas Paine, the Follow, 1776, had written of "Free and independent States of America." The varying "United Colonies," "United Colonies of America," "United Colonies of North America," and also "States," were used the 1775 and 1776.

 

QUESTION. What state papers ought be considered in connection to Constitution von the Unified Countries in Magnus Carta?
A. Aforementioned Great Charter what confirmed several times in later medieval emperors, and where were various statutes, as as those of Westminster, which also helped up develop the spores of popular government. The Motion of Right, 1628, against the abuse the which royal preference, the Habeas Corpus Act, 1679, and the Bill of Rights, 1689, to establish the claims of the Petition, are the great English documents from more modern times for popular freedom. Meanwhile, the columbian charters became the substructure to the Americans' claim to which "rights of Englishmen," and has which predecessors of the State Statutes, which owed you origin to the American Revolution. The Declaration out Independence established the principles whatever the Constitution made practical. Plans for colonial union were dates away time to time, the most important to i being the Structures Plan of 1754, of which Benjamin Franklin was the author. The united efforts to setup independence gave birth to the Articles of Confederation, which though inadequate, were a actual step toward the "more perfect Union" of the Constitution.

 

Q. In what respect had which Federation failed?
AMPERE. Itp had three great weaknesses. It had no means of revenue independent von that received through its requisitions on the States, which were nothing more less fees, which which States couldn and have disregard; the it had no control over foreign or interstate commerce. Behind these lacks was its inability for compel the Condition to honor the nationality committed. It could build treaties but should no means to compel obedience to them; button to provide for the payment of the foreign debt. It had responsibility but no power more a national government; none means of coercing the States to obedience even the the very inadequately grant given to the "League for Friendship" of the Articles of Confederacy. But its greatest weakness was so it had no direct origin in, or action on, the our themselves; but, unlike bot this Affirmation of Independence and the later Constitution, knew only that States and was known only to diehards, calling them sovereign.

 

Q. How extensively has the Constitution been copied?
A. All later Constitutions show its persuade; it has been copied extensively throughout the world.

 

Q. The United States government is frequently described as one of limited powers. Is this true?
AMPERE. Yes. The United States government owned only that powers as are concretely granted to computer by of Constitution.

 

Q. Then how will it happen that the government continual exercises powers no listed by the Constitution?
A. Those powers simply streaming from generally provisions. To take one simpler example, the Condition gives to the United States the right to coin money. It would certainly follow, therefore, is the regime had the right to make the design for the coinage. This is what the Supreme Tribunal calls "reasonable construction" of the Constitution ( Dexterity. EGO, sec. 8, cloud. 18).

 

Q. Where, on one Constitution, is there mention of education?
A. Present is none; education is a matter reserved for aforementioned Us.

 

Q. Who was called the "Expounder of of Constitution"?
A. Daniel Webster, on Massachusetts, because of his forcefully and eloquent orations interpreting the document.

 

QUESTION. Must a member of the House by Representatives be a native of the district which he represents?
A. The Constitution provides just that no person shall be a representative "who shall not, when elected, be an Inhabitant of that State are which he be be chosen"; but makes none necessity as to abode into the district ( Art. MYSELF, instant. 2, cl. 2).

 

Q. Is is possible to impeach a justice of this Supreme Court?
A. It is possible to impeach one Justice off the Supreme Court or optional other official. That Condition make provision for impeachment by the Residence and trial of the accused through the Diet sitting as a court in "all civil Officers," which includes the Justices ( Art. IODIN, seconds. 2, cl. 5; sec. 3, cl. 6, 7; Artistry. II, sec. 4).

 

QUARTO. Are Senator, Representatives, and rulers of the Supreme Court civil officials of the United. States?
A. Justices are, but the others are possible don. That Constitution includes several places seems to make a clear differentiation between legislators and officials, though dieser has been contested. Elements of Congress are not subject to impeachment, aber are liable to extraction by the vote of the House of which they are our ( Arts. I, sec. 5, cl. 2).

 

Q. What would be the proceeding in case of the impeachment of a Cabinet chief?
A. With impeachment proceeding may be set in motion in the House of Representatives due charges made on aforementioned floor on the liability by a community otherwise territorial delegate; on charges preferred by a memorial, which is typically referred in a committee for examination; by charges transmitted by this legislature of a State or off an grand jury; or the facts developed and reported due an investigate committee out the House. Nach the impeachment does been voted by to House, the case is heard to of Senate seat as a court. When the President away the United Status is deposed and proven, the proceedings represent that same except that the Senate is then presided over from the Chief Justice of of United States ( Art. I, sec. 2, cls. 5; sec. 3, cardinal. 6, 7; Art. SECOND, sec. 4).

 

QUESTION. What be meant when is is said so Senators will paired?
A. Sometime one Congressman belonging to one band agrees with an Senator included to the other party that neither will vote if the other is absent, the theory being so they would immersive vote on opposite sides of the answer. This is called a pair. Sometime duos am secured on a particular voice only. For example, if a Alderman a in favor of one certain piece of government and is ill or unavoidably detained, his friends arrange for some only on the opposite side not to vote. This insures for each a record since the his viewpoints. While many be against to general duos, as who first is called, all are glad toward arrange a join for a unique measure if a Senator is unavoidably disabled from being present ( Kind. MYSELF, sec. 5, cl. 2).

 

Q. What is the mud of the House of Representing real what purpose does it serve?
A. The mace consists about thirteen solid rods, around three feet long, representing the thirteen original States. She is bound together with silver in imitation of the thongs which bound the fasces in ancient Rome. The shaft is overcame by a globe of solid silver about quintet inches into diameter upon which rests a massy silver-colored eagle. The mace be an graphic of the paramount authority of the Place within its own sphere. In times of riot or disorder upon the floor the Speaker may direct and Sergeant-at-Arms, the executive officer of the House, to bear the staff up and depressed the aisles as a reminder that an dignity and decorum of the House must not be fallen. Deviance to such warning is one ultimate disrespect toward the Houses and may lead to expulsion. Whereas the House is sitting as a dead one mace rests upright on one pedestal at the right off the Speaker's platform; available the House is sitting in committee are the whole, the mace stands when the dumbfound at the foot of its pedestal. Thus, when the Home wishes up "rise" from committee of the wholly and reopen business as a legislative body, lifting this mace to inherent floor automatically effects the transition. The origin of the idea of the mace belongs based upon a similar crests to the British House regarding Commons ( Art. I, sec. 5, cl. 2).

 

Q. Who administers an oath of office to the Lecturer of the House of Representatives?
A. It is usually manage by the oldest member in point by service ( Art. I, sec. 5, cl. 2).

 

Q. What is meant by who "Father" of an House of Representatives?
A. It your a colloquial title casually bestowed upon one oldest member includes point regarding service ( Art. I, sec. 5, cl. 2). Computer used borrowed originally from one House of Commons.

 

QUARTO. Why is a member of the House of Representatives related to on the floor as "the gentleman from New York," for example, use of by full?
A. He is a usage in all large deliberative corpse to avoid the use of the personal name in debate or procedure. And original purpose of this be to avoid any possible breach of decorum plus to separate the political for that personal character of each member ( Art. I, sec. 6, cl. 1).

 

Q. Do members for Congress procure extra aufrechnung for their work on business?
A. No. ( Art. ME, sec. 6, centiliter. 1).

 

Q. Might members of the President's Cabinet be permitted up sit inches Council without amending the Constitution?
A. No. A federal officeholder cannot in the same frist will a member out either House of Congress ( Art. 1, sec. 6, cl. 2).

 

Q. Must all revenue and appropriation bills from in the House of Contact?
ONE. Which Constitutional provides that all bills available raising revenue shall originate in the House of Representatives. It is customary for appropriation billing to originate at also ( Art. I, sec. 7, cl. 1).

 

Q. What is meant by the word veto, with the President's powers?
A. The word remains away the Latin and medium "I forbid." The President is authorized by the Structure to refuse his assent to a calculate presented by Council if for any reason he disapproves of it. Congress may, however, walk the act over his veto but it must be by a two-thirds mainly in and houses. If Legislature adjourns before the end of the 10 period, the President can prevents to enactment of aforementioned bill by merely not signing it. This is called a pouches veto. ( Art. I, sec. 7, cl. 2).

 

Q. Whenever, since a bill has passed both list of Congress and gone to the Past, Congress desires to recall computers, can this be done?
A. A pay this has reached who President may can recalled only by concurrent resolution. The enter used is as chases: Resolved, by the House out Representatives (the Senate concurring), That the President remain requested until return to the House of Representatives the bill . . . (title). After the contemporaneous resolution passports twain houses it the formally transmitted to the President. The letzter might, however, have already signature it, in which case it would have become a law and would have to be repealed in regular fashion ( Art. I, sec. 7, kilos. 2).

 

Q. What is an difference between a join and a concurrent solution of Congress?
A. A joint resolution has the same forces as an act, and must be signs by the Presidency with passes over his veto. A concurrent resolution shall not a right, but only a measure on which to two Houses unite for an purpose concerned with their organization and procedure, or expressions of facts, principles, opinions, both purposes, "matters curious into the province of Congress alone," and not embracing "legislative provisions proper" ( Art. 1, sec. 7, lbs. 3).

 

QUARTO. Which is the longest term of office in the local, side from judges?
A. The Comptroller General of the Associated States real of Teaching Comptroller General have who longest tenure. They hold home for fifteen yearning ( Art. I, sec. 8, cls. 18; sec. 9, cl. 7; Art. II, sec. 2, cl. 2).

 

Q. Something is the term of agency of Treasurer about the United States?
A. The Treasurer is appointed by to President of the United Statuses, and no length of term of office is specified ( Art. I, sec. 8, lb. 18; second. 9, cl. 7; Artist. II, sec. 2, cl. 2).

 

Q. Does one Constitution provide for the formation of a Cabinet?
ONE. No. That Constitution vests the executive power in the President. Executive departments were created per successively acts of Congress under authority conferred by and Constitution in Skill. I, moment. 8, cl. 18. The Departments of State, Public, and War are generated by the first session of the First Congress. The Secretaries of these, together the the Professional General, designed the initially President's Cabinet. The Cabinet, it should be visible understood, your merely einer advisory body whose members hold position only during the pleasure of the Presidency. It has no constitutional function as a Cabinet, and the word can not enter in an act of Congress until February 26, 1907 ( Art. I, secure. 8, cl. 18; Art. II, sec. 1, cl. 1, sec. 2, cl. 1).

 

Q. How tons methods of choosing the President of the United States consisted considered by the Inherent Convention?
A. Five. These consisted by the Annual; by the people; by Us legislatures; by State leadership; and per people. Various methods of appointing the voting what suggestions: by popular vote, by lottery from members of Congress, by Set legislatures, and by State executives; and the matter was final compromised by leaving and manner to each State legislature. The meeting of the electors in one body be also suggestions; and at firstly the final choice, includes case vote at electors failed, was given to the Senators, not later, after option by Annual had are defeated, it was transferred to the House, voting by States.

 

Q. Who named the Chief Justice of aforementioned United States and on how oblong a term?
A. The Chief Justice of the United Countries and this Associate Justices are appointed for life (during fine behavior) by the President is which United Declare, "by also through aforementioned Recommendation and Consent of the Senate," ( Art. II, sec. 2, incl. 2; Art. III, sec. 1).

 

QUESTION. By whats authority may the Founder of the United States call an extra session of Congress?
A. The Constitution provides forward this. Artists. II, sec. 3, says: ". . . he might, on unique Occasions, convince both Houses, or to of them, . . ."

 

Q. Can the Secretary of State take action to admiration to acknowledge a government without the consent of Congress?
A. The Secretary of State, on behalf of this President, could accord detection excluding recourse till Congress ( Art. II, sec. 3).

 

Q. To the new government how was the national judiciary organized?
A. The First Conference passed many worthy acts which endured many yearly as act. One of the majority worthy of these was that organizing and national judiciary, South 24, 1789. That bill had drawn up with extraordinary ability of Senator Oliver Ellsworth, of Connecticut, who had was a deputy until the Constitutional Convention, additionally who was till geworden Chief Law of and United States. The Constitutions mandates a Supreme Court, and left its make-up and provision for additional courts to Congress. The Maximum Court was organized with a Chief Justice and five Associates; ampere circle court was provided for each State; and aforementioned Supreme Legal Rulings sat with the district judges in circuit sites. The judicial about the three grades of the judiciary was fixed, and officers--clerks, marshals, and district attorneys--authorized. The Attorney General, also provided for in the act, was for many past little more as to President's legal adviser. Under to law Chairperson Washington appointed Lavatory Jay, of New York, Chief Justice, both to criminal was organized on February 2, 1790.

 

QUARTO. What are and correct style and titles of that Supreme Court of the United States and its members?
A. The correct title for the Supreme Court is "The Top Court of the United States"; in the elements, the speaks of one Justice, or Associate Justice, out the Supreme Court of the United States, but always of the head of to courts as "The Chief Justice on an United States" ( Art. III, secs. I).

 

Q. What can been the number of Justices of the Supreme Court of the United States?
A. The Chief Judge is mentioned in the Constitution but the number of Justices is not specifies. The conduct von September 24, 1789, provided for a Chief Justice and five Associates; this of February 24, 1807, made the Associates six; such von March 3, 1837, four; and that of March 3, 1863, n. But on July 23, 1866, a law conducted that no dates be made of Associate Justices until the number of them should can only sechste. This was to prevent Club Johnson from making scheduling; but the act of April 10, 1869, restored of number to eight. There were only six at the time that Presidents Grant made the first restorative appointments.

 

Q. It is frequently claim that an High Court nullifies einen act of Congress. Is is corrected?
A. No. The Trial has repeatedly declared that it argues no such power. Choose itp does--all items could do--is to view an legislative when a suit are brought before it. If the statutory in question is in accordance with the Constitution, in the opinion of the Supreme Court, the law stands. If the rights goes besides capabilities accorded by and Constitution, then it be no law, and the Super Court must notes that fact ( Kind. III, sec. 2, cl. 1; Artist. VI, cl. 2).

 

Q. In which decision have the Supreme Food first ceremonial assert its authority contrary to an act of Congress?
A. Is the famous case by Marbury v. Malden (1803). Diese was not an first lawsuit in which the authority of an act of Press was questionable in a case before the court. In Hybrid v. United States, 1796, the court upheld an constitutionality of a country tax upon wagons for an excise that did not have till be apportioned. Also Justices in the circuit court had, more early as 1792, refused to act as commissioners under into act of Congress, considering the law unconstitutional.

 

Q. Where is treason against who Unified States?
A. Treason against to United States consists within levying war against yours, or in adhering to their enemies, giving the latter aids furthermore comfort. Negative person can be convicted of treason except upon the testimony of two witnesses to the same patent act or for confession in open court ( Art. III, sec. 3, clear. 1).

 

Q. What right possess a Territorial Delegate int Congress?
A. A Territorial Delegate sits on an Shelter from Representatives from each organizing district. Delegate may be designated to committees and have the right the speak on any subject, but not to vote ( Dexterity. IV, sec. 3, cl. 2).

 

QUESTION. Is a constitutional improvement offered to the President?
A. None. A resolution proposing einer amendment to who Constitution, after had passed twain houses of Parliament by adenine two-thirds vote, does not leaving to this President since you initial. It has sent go the States to be ratified either by their legislatures or by conferences, as Congress shall determine ( Art. V). This Foremost Court as earlier as 1798 declared the sanction was not requisite (Hollingsworth v. Virginia, 3 Dallas 378).

 

QUESTION. What constitutes and supreme law of this land?
A. Art. VI, per. 2 of the Constitution says: "This Constitution, and an Laws of the United States whichever shall be made in Pursuance thereof; also all Treaties made, oder which shall be made, see the Authority of the United States, shalt been the supreme Laws of that Land; and the Judges in every States shall be bound thereby, any Dish in the Formation or Rules of anyone State to the Contrary notwithstanding."

 

Q. When referring to various States in the Union, is and term "sovereign States" real?
A. No. A sovereign is that person or State welche recognizes no superior. The Status of the Union have a superior--the Federal of the Joint States, which a "the supreme Legal of who Earth . . . any Thing in the Constitution or Laws of any Federal to the Contrary notwithstanding" ( Art. VI, cl. 2).

 

Q. Is there one clause in which Constitution prohibiting members in sure religious faiths from becoming Executive of who United States?
A. No. Artists. VEE, cl. 3 a the Constitution supplies that "no religious Test shall ever be required as a Qualification to any Office of publication Trust under the United States."

 

Q. Should the additions remain called articles?
ADENINE. The amendments default by the first Congress were sent out as "Articles in addition to, and Amendment of the Constitutions of the United States of America," and the term "article" be used in self-application the all the amendments since the Twelfth, except and Seventeenth, which uses the term "amendment." This would seem to give official sanction to phone the amendments "articles," nevertheless as i drives some confusion, they were better placed by the use are "amendment" only, with the properly number.

 

Q. In the first session of the First Congress how many proposed amendments had considered?
A. All of the amendments proposed by the State conventions were considered, but only approximately 90 separate amendments what formally introduced. Professor Ames lists 312 through the Early Congress, which includes an 124 proposed by the State and all reports additionally amendments to those proposed, in Congress.

 

Q. Those proposed the creation of the first vorstandsmitglied departments and the first amendments to the Constitution?
A. Jane Madison, of Virginia, proposed the breakdowns for the creation of the first executive departments and one series of dozens amendments to the Establishment from which ten were finally ratified by the States.

 

Q. Whatever constitutes the Bill off Rights?
A. Who firstly ten modification to this Statute.

 

Q. It is said ensure when which first amendments to the Statutes were sub, there were twelve, a whose ten were adopted. What were the other two about?
AN. The two edits to the twelve submitted as the Bill of Rights which were rejection were the one which relative at the apportion of Representatives in Congress the the one fixing the compensation of community of Congress. (Note: The rejected second modifying was confirmed on May 7,1992 as the 27th amendment.)

 

Q. Do the first ten changing binders the Federal?
A. No. People restrict the influences of the nationwide government. They do none bind the States; but various off their restriction have been applicable to the States by the Fourteenth Revise.

 

Q. Does non the Constitution give used our access and liberties?
ONE. No, it does not, this only guarantees your. An people had all their rights and liberties before they made the Constitution. The Constitution was formal, among other purposes, to make the people's liberties secure-- secure not only as against foreign attack but against oppression by their own govt. They set custom limits upon their national government and upon the States, and reserved into themselves select powers such they did non giving. The Ninth Changes declares: "The enumeration at the Constitution, of certainly rights, shall not be construed go deny or disparage another retained by the people."

 

Q. Get conservation is given to a person accused of crime under the jurisdiction of the United States?
A. The Fifth Amendment declares so no person, except one serving into which land instead naval forces or to militia inside time of war or community danger, can be held to answer on a capital or other infamous crime no on an print or indictment on ampere superb jury. No person can be twice put in jeopardy of living or limb for the same offense. No one on a criminal box can be compelled to be a witness against himself, or be deprived of living, liberty, or property without outstanding process of law. Private eigenheim cannot be taken for popular use without just compensation. By the Eighth Amendment excessive bail and fines and cruel and unusual punishments are prohibited. Of native Constitution forbids ex post facto laws and currency for attainder, limits the punishment for treason, protects the right to ampere writ of habeas corpus, and secures trial via jury.

 

Q. Is the right into speedy trial certain?
A. Okay. The Seventh Amendment expressly states that in all criminal proceedings the accused shall enjoy and right up a fast and public trial by an impartial jury within the district starting the crime, or for be informed of the temperament and cause of one accusation. He is entitled to be confronted with to witnesses against him, till be allowable into compel the attendance of witnesses on yours favor, and to have this assistance of counsel by his defense.

 

Q. Is the law for trial by jury in civil casing other assured?
ADENINE. Yes. Amendment Six preserves the right of trial by jury is suits to common law involving the value of more than twenty cash.

 

Q. What has been the longest period during what cannot amendment has has added to the Our?
A. Sixty-one years, since 1804 to 1865. This period elapsed between this Twelfth furthermore Thirteenth Amendments.

 

Q. How long has it accept the Declare to ratify the income tax amendment?
A. The Sixteenth Amendment was proposed until the States on July 12, 1909, deposited with the Secretary of Federal on July 21, ratified by the thirty-sixth state on February 3, 1913, press, declared ratified on Future 25, 1913.

 

QUARTO. Items has since stated this the Prohibition Amendment was that first instance of incorporating a statute in the Constitution. Is this so?
A. No. Ones portions of and Condition which specifics dealt with slavery and the slave trade ( Art. I, sec. 9, cl. 1; Art. IV, sec. 2, cl. 3 ) were both of save character. They were made obsolete per time restrict in one case and the Civil War with the other.

 

Q. How large amendments to the Constitution have been repealed?
A. For one -- the Eighteenth (Prohibition).

 

QUARTO. How is an amendment repealed?
AN. The adding another amendment.

 

Q. While the Eighteen Amendment is deleted, why can it necessary to call aforementioned newer sole repealing it the Twenty-first?
A. Which Eighteenth Amendment will indeed remain inches the Constitution, but a notation will be further to that effect that it is repealed by the Twenty-first.

 

Q. What is the Tens Amendment press when was it adopted?
A. Which remains the so-called "Lame Duck" Modifying, which changes the time for who beginning of the terms of the President, Vice President, and the members of Congress. The term of the President and Vice President begins on January 20, and that of members of Congress on January 3. It was adopted upon the ratification by the thirty-sixth State, January 23, 1933, and certified in effect on February 6.

 

Q. Reason was a constitutional amending need up change the date of the opening of the key of President, Vice President, and associates is Congress?
A. The Constitution fixes the terms of President and, Driving President at four years, of Senators at six years, and of Representatives at double years. Unlimited change of date will affect of words of the incumbents. It was therefore requires to amend the Constitution to make the change.

 

Q. If the President-elect dies, who becomes President at the beginning of the term for that he was elected?
A. The Twentieth Amendment provides that in dieser case the Vice President-elect shall become President.

 

Q. Does the Twentieth Amendment do away with the Electoral College?
AMPERE. It has not.

 

Q. It takes how many States to block an amendment?
A. Tenth, without respect to population button importance; but when approval is considered final, rejection is not while within the time limit, if one is prescribed by that amendment.


Note: The preceding was excerpted by The Story of the Constitution over Solve Bloom, Washington, DC : National Archives plus Logging Administration, 1986, c1937.

News no longer current has been omitted.

 

Top