Constitution+Questions+AO

1. Of which state are you a citizen? naturalized in the United States. //"All persons born or naturalized in the United States and subject to the jurisdiction therof, are citizens of the United States and of the State wherein they reside."// Amendment XIV, Section 1, Page 25**
 * You are a citizen of the state in which you reside if you were born or

2. Are you eligible for the House of Representatives? The Senate? The Presidency? If not, why not? Representatives must be over the age of twenty-five even though I have been a citizen of the United States for seven years.** of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."// Article I, Section 2, Page 1**
 * I am not eligible for the House of Representatives at this time because
 * //"No Person shall be a Representative who shall not have attained to the Age

thirty even though I have been a United States citizen for nine years.** Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen."// Article I, Section 3, Page 3**
 * I am not eligible for the Senate at this time because I am under the age of
 * //"No Person shall be a Senator who shall not have attained to the Age of thirty

the United States for fourteen years and I have not attained the age of thirty five. //"No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office or President; neither shall any person be eligible to that Office who shall not have attained to the age of thirty five Years, and been fourteen Years a Resident within the United States."// Article II, Section 1, Page 10**
 * I am not yet eligible to run for Presidency because I haven't technically lived in

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? States citizens, as was he. Bill is also over the age of thirty-five. Ousseini cannot run for President because he is not a natural born citizen, even though he has attained the age of thirty-five. His parents were not born in the United States and neither was he. "****//No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States//." Article II, Section 1, Page 10**
 * Bill Dodge is eligible to serve as President because his parents were both United

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?

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?

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. //"To define and punish Piracies and Felonies commited on the high Seas, and Offenses against the Law of Nations;"// Article I, Section 8, Page 6**
 * Piracies, Felanies, and Offences against the Law of Nations.

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? Authors and Inventors the exclusive// __Right__** **//to their respective Writings and Discoveries;"// Article I, Section 8, Page 6**
 * //"To promote the Progress of Science and useful Arts, by securing for limited Times to

9. When is Inauguration Day? Is it the same as the first day of a new congressional term? Vice President take office at noon. It is not the same day as the first day of the new congressional term. The new congressional term is on January 3rd of the years the terms would have ended if the article had not been ratified. The terms of their successors may then begin. //"The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years, and which such terms would have ended if this artivle had not been ratified; and the terms of their successors shall then begin."// Amendment XX, Section 1, Page 29**
 * Inauguration Day is on January 20. It is the day when the newly elected President and

10. What is the maximum time anyone may serve as President? //"He shall hold his office during the Term of four Years, and together with the Vice President, chosen for the same Term, be electer as follows;"//**
 * No one may serve for more than two terms of four years as President.

11. What is the only part of the Constitution that may never be amended?
 * //"No State, without its Consent, shall be deprived of it's equal Suffrage in the Senate."//**
 * Article V, Page 15, Last Line**

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.) to the Constitution or two-thirds of the several States may call a convention for proposing Amendments. //"The Congress, whenever two-thirds of both Houses shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two-thirds of the several States, shall call a Convention for proposing Amendments, which in either Case, shall be valid to all Intents and Purposes,"// Article V, Page 15, Beginning**
 * Whenever two-thirds of the Congress thinks it is neccessary, they can propose Amendments

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. citizens of the United States and of the State wherein they reside."// Amendment XIV, Section 1, Page 25**
 * Jesus would be a citizen of the United States because he was born there.**
 * //"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are

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? the Union addressbecayse he has to judge congressional information necessary and expedient.** to their Consideration such Measures as he shall judge necessary and expedient;"// Article II, Section 3, Page 12**
 * My advice would be to tell him to get over his "fit of pique" and that he should go to this State of
 * //"He shall from time to time give to the Congress Information of the State of the Union, and recommend

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? be cut in the middle of a term. //"The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated times, recieve for their Services, a Compensation, which shall not be deminished during their Continuance of Office."// Article III, Section 1, Page 12**
 * I would advise the house to stop debating because the President and Supreme Justices' pay cannot

17. Before 1913, who chose Senators? After 1913? of the United States now vote for our Senates.** Legistature thereof,]* for six Years; and each Senator shall have one Vote. *Changed by the Seventeenth Amendment." AMENDMENT XVII//*** **//STATES://** //**"The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof;"**// **//*ratified April 8, 1913"// Article I, Section 3, Page 2 Amendment XVII, Pave 27**
 * Before 1913, the Senates were chosen by the Legislature thereof; but after 1913, we the people
 * //"The Senate of the United States shall be composed of two Senators from each State [chosen by the

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?

20. You have 5 Hawaiian dollars in your purse or wallet. How much can you spend in CT? Even though technically, there is no Hawaiian dollar or Connecticut dollar because it is a National Currency, not a state currency.** coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts;"// Article I, Section 10, Page 8**
 * If I have 5 Hawaiin dollars, I can spend 5 dollars in CT because currency is the same in all fifty states.
 * //"No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal;

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?