Constitution+Questions-+TS

1. Of which state are you a citizen?


 * I am a citizen of the US and any state which I choose to live in Pg 25/ Amend 13

2. Are you eligible for the House of Representatives? The Senate? The Presidency? If not, why not?


 * House of Representatives- No. Age must be at least 25 Pg 1/ Art 1/ Sec 2
 * Senate- No. Age must be at least 30 Pg 3/ Art 1/ Sec 3
 * President- No. Age must be at least 35 Pg 10/ Art 2/ Sec 1

3. Bill Dodge, son of two United States citizens, was born in Niger during his parents’ African travels. Ousseini Abdoulaye was born in Niger on the very same day; Ousseini’s parents, however, were citizens of Niger. Ousseini later moves to the United States and becomes a United States citizen. Assume that both Bill and Ousseini are 40 years old and have lived in the United States for at least last 20 years. Is either Bill or Ousseini eligible to serve as President?


 * Bill Dodge is eligible to become president because his parents were born in the US but Ousseini is not because Ousseini and his parents were not. Pg 10/ Art 2/ Sec 1

4. The original Constitution contemplated the continuation of slavery in those states that permitted slavery as of 1787. Find the first instance of the word “slave” or “slavery” in the Consti- tution. If you don’t find either of these words in the original Constitution, what are the hints that the original Constitution contemplated and tolerated slavery?


 * The word slavery was first used in the thirteenth amendment in the Constitution Pg 25 Amendment 13

5. Assume that the free population of South Carolina in 1850 was 1 million, that its slave population was 500,000, and hat its untaxed Indian population was 100,000. For purposes of determining South Carolina’s representation in the House and direct tax obligations to the federal government, what was the population of South Carolina?


 * Assuming that all the free population has the right to vote, it would be 1.5 million people Pg 26/ Amend 14/ Sec 2

6. The Constitution refers to only three types of unlawful behavior, and a fourth may be inferred from the text of a general prohibition. Name all four.

7. Does the Constitution contemplate capital punishment? Where? Which provision or provisions would you invoke if you wished to attack the constitutionality of the death penalty?

8. What is the only use of the word “right” in the original Constitution?


 * The Amendments as in: ...the right of the people to keep and bear arms.... Pg 21/ Amendment 2

9. When is Inauguration Day? Is it the same as the first day of a new congressional term?


 * It is January 20 at 12:01 PM. No, Senators and Representatives' terms end at 12:01 PM on January 3 Pg 29/ Sec 1

10. What is the maximum time anyone may serve as Presi- dent?


 * Two Terms which is eight years altogether Pg 31/Amendment 22/ Sec 1

11. What is the only part of the Constitution that may never be amended?

12. Speaking of amendments, name the commercial activity that the Framers of the Constitution declared off-limits to regu- lation via constitutional amendment until 1808 (i.e., 21 years af- ter the framing of the original Constitution).

13. Still speaking of amendments, how can they be made? (Name two methods.)

14. José and Maria Nazarena are citizens of El Salvador. They enter the United States illegally. Maria then gives birth to Jesus in Bethlehem, Pennsylvania. Consulting only the Constitu- tion, name one country of which Jesus is a citizen.


 * He is a citizen of the US Pg 25/ Amendment 14/ Sec 1

15. In a fit of pique, the President decides to skip this year’s State of the Union address. As White House legal counsel, what do you advise?

16. In a fit of pique (probably provoked by the flap over the State of the Union address), the House begins debating a bill to cut the President’s pay and Supreme Court Justices’ pay. As counsel to the Speaker of the House, what do you advise?


 * They can not increase or decrease the President or Supreme Court's salary Pg 11/ Art 2/ Sec 1 Pg 12/ Art 3/ Sec 1

17. Before 1913, who chose Senators? After 1913?


 * Before 1913- The Legislature / After 1913- The People Pg 2/ Art 1/ Sec 3 Pg 27/ Amend 17

18. Steve Scursso, a candidate for the House of Representa- tives, plans to issue a campaign promise to oppose any Supreme Court nominee who will not commit to upholding a woman’s right to abortion. As Steve's campaign manager, do you run the ad? (Base your answer strictly on your interpretation of the Constitution, not on any political considerations.)

19. Matt Nagel ultimately defeats Steve Scursso in a hotly contested race for Congress. The victorious Matt now represents Texas in the House of Representatives. His political “lone star” having risen swiftly, he now seeks a national politi- cal platform. He would like to be the running mate of her fellow Texan, Governor Renee DeLeon, the Reform Party nominee for President. As Matt’s political adviser, can you point out the constitutional flaw in the congressman’s vice-presidential am- bitions?


 * You can not hold two offices at the same time Pg 5/ Art 1/ Sec 6

20. You have 5 Hawaiian dollars in your purse or wallet...how much of that can you spend in CT?


 * You can spend all of the money in Connecticut Pg 6/ Art 1/ Sec 8

21. Speaking of purses, your cousin Rhonda left hers at your recent family reunion. Upon rifling through the purse, you dis- cover a certified mail receipt, a Confederate $10 bill, a District of Columbia driver’s license, a copy of the Koran, and a Susan B. Anthony dollar. Whatever their market value, these items make up a constitutional treasure trove. Find any and all constitutional provisions that relate to the contents of Rhonda’s purse. Inciden- tally, does it make a constitutional difference if you open the purse in your capacity as an FBI agent or if you are simply a nosy busybody?

District of Columbia- Amendment 23 Section 1 Koran - Amendment 1 Pg 21 Susan B. Anthony- Article 1 Section 8 Pg 6 Confederate Bill- " " Mail Receipt- " "
 * Yes, Because Amendment 4 states that search warrants must have a probable cause to avoid unreasonable search and seizures