Constitution+Questions+(CG)

Questions:

1. Of which state are you a citizen?

Amendment XIV, Section 1, Page 25**
 * All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

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


 * I cannot be a part of the House of Representatives at this time. This is because the Constitution says: No Person shall be Representative how shall not have attained to the Age 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 1, Page 1**


 * I cannot be a part of the Senate at this time. This is because the Constitution states: No Person shall be a Senator who shall not have attained to the Age of thirty 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 cannot be President at this time. This is because the Constitution says: 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**

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?

thirty-five Years, and been fourteen Years a Resident within the United States." Bill was the son of two United States citizens. This made him eligible for office because a natural born citizen is being born in the United States or if your parents are born in the United States. Article II, Section 1, Page 10**
 * Yes, Bill can but Ousseini cannot. This is because it says: "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

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 Constitution. 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 that 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 committed on the high Seas, and Offenses against the Law of Nations;"**
 * Article I, Section 8, Page 6****

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?

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

Amendment XX, Section 1, Page 29**
 * Inauguration Day is at noon on January 20th at noon. The terms of the President and Vice President shall end at noon on the 20th day of January. No it is not the same day as the new congressional term. This is on the same day as the Senators and Representatives.

10. What is the maximum time anyone may serve as President?

Amendment XXII, Section 1, Page 31**
 * No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

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

Article V, Page 15, Last Line**
 * That no State, without its Consent, shall be deprived of it’s equal Suffrage in the Senate.

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

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


 * The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Applications 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, as of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratifications may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article.**
 * Article V, Page 15**

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 Constitution, name one country of which Jesus is a citizen.


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

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?


 * My advice to the President is to not skip it and to swallow his pride. I say this because he is an important part of this meeting. He shall from time to time give to the Congress information of the State of the Union.**
 * Article II, Section 3, Page 12**

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 advice?


 * I would advise the House to not change the President or Supreme Court Justices’ pay. According to Article II, Section 1, Page 11. The President shall, at stated Times, received for his Service, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them**.
 * Article II, Section 1, Page 11**

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


 * Before 1913, the state legislatures chose Senators. After 1913 we the people of the United States choose Senators.**

18. Steve Scursso, a candidate for the House of Representatives, 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 political 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 ambitions?


 * The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate.**
 * Amendment 12, Page 24**

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


 * I can spend 5 dollars in Connecticut. This is because in the United States there is only one currency.**

21. Speaking of purses, your cousin Rhonda left hers at your recent family reunion. Upon rifling through the purse, you discover 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. Incidentally, 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?