Introduction to the U.S. Constitution
Embarking on a study of the U.S. Constitution, particularly Unit 2 which often delves into its formation and core principles, requires a comprehensive approach. This study guide, derived from frequently asked questions about the Constitution, aims to provide clarity and enhance your understanding of this foundational document. Whether you’re a student, educator, or simply a curious individual, this resource will serve as an invaluable tool in navigating the complexities of the Constitution.
The Constitutional Convention: Origins and Participants
Q. How were deputies to the Constitutional Convention chosen?
A. Deputies were not elected by popular vote but appointed by the legislatures of the different States. This process ensured that state governments had direct representation in the convention tasked with drafting a new framework for national governance.
Q. Were there any restrictions as to the number of deputies a State might send?
A. No, there were no restrictions on the number of deputies each state could send. This allowed states to determine their level of representation based on their interests and available leadership.
Q. Which State did not send deputies to the Constitutional Convention?
A. Rhode Island and Providence Plantations notably did not participate in the Constitutional Convention. Their absence reflects the varying levels of support among states for a stronger national government at the time.
Q. Were the other twelve States represented throughout the Constitutional Convention?
A. Representation was not consistent throughout the convention. New York’s delegation dwindled, and New Hampshire’s deputies arrived late. Consequently, voting often involved no more than eleven states at any given time, showcasing the dynamic and sometimes incomplete nature of state representation.
Q. Where and when did the deputies to the Constitutional Convention assemble?
A. The Constitutional Convention convened in Philadelphia, in the Pennsylvania State House (now known as Independence Hall), the very place where the Declaration of Independence was signed. While called for May 14, 1787, a quorum was not reached until May 25, marking the official commencement of the Convention.
Q. About how large was the population of Philadelphia at the time of the Convention?
A. Philadelphia was a significant urban center even then. The census of 1790 recorded its population at 28,000, and including its suburbs, approximately 42,000. This made it a bustling backdrop for the momentous decisions made at the Convention.
Q. What was the average age of the deputies to the Constitutional Convention?
A. The deputies were relatively young, with an average age of about 44. This suggests a gathering of energetic and forward-thinking leaders tasked with shaping the future of the nation.
Q. Who were the oldest and youngest members of the Constitutional Convention?
A. Benjamin Franklin of Pennsylvania was the eldest statesman at 81, bringing immense wisdom and experience. Jonathan Dayton of New Jersey, at 26, represented the younger generation, offering fresh perspectives to the deliberations.
Q. How many lawyers were members of the Constitutional Convention?
A. Lawyers were prominent at the Convention, with approximately 34 out of 55 members having studied law. Their legal expertise was crucial in drafting the Constitution and navigating complex issues of governance and rights.
Q. From what classes of society were the members of the Constitutional Convention drawn?
A. The Convention was composed of individuals from diverse societal backgrounds. Besides lawyers, there were soldiers, planters, educators, ministers, physicians, financiers, and merchants. This mix of professions ensured a broad range of experiences and viewpoints influenced the creation of the Constitution.
Q. How many members of the Constitutional Convention had been members of the Continental Congress?
A. A significant number, forty members, had previously served in the Continental Congress, bringing valuable experience in national governance and the challenges of unifying the states. Two others would later become members, further linking the Convention to the preceding era of American governance.
Q. Were there any members of the Constitutional Convention who never attended any of its meetings?
A. Yes, nineteen appointed deputies never attended the Convention. Some declined their appointments, while others simply did not fulfill their duty, indicating varying degrees of commitment and perhaps disagreements with the Convention’s purpose.
Q. Were the members of the Constitutional Convention called “delegates” or “deputies,” and is there any distinction between the terms?
A. The terms “delegates,” “deputies,” and “commissioners” were used interchangeably by different states to describe their representatives. Within the Convention itself, “deputies” was the preferred term. Regardless of the title, they all represented their respective states in this pivotal assembly. Historians commonly refer to them as “delegates” today.
Q. Who was called the “Sage of the Constitutional Convention”?
A. Benjamin Franklin, due to his age, wisdom, and respected counsel, was often referred to as the “Sage of the Constitutional Convention.” His presence lent gravitas and a unifying influence to the proceedings.
Q. Who was called the “Father of the Constitution”?
A. James Madison of Virginia earned the title “Father of the Constitution.” His extensive knowledge, meticulous notes during the convention, and significant contributions to the Constitution’s framework justify this distinguished recognition.
Q. Was Thomas Jefferson a member of the Constitutional Convention?
A. No, Thomas Jefferson was not a member of the Constitutional Convention. He was serving as the American Minister to France during this crucial period.
Q. What did Thomas Jefferson have to do with framing the Constitution despite being absent?
A. Although absent from the Convention, Jefferson played a vital role in shaping constitutional government. His strong advocacy for a Bill of Rights was instrumental in ensuring that the first ten amendments, safeguarding individual liberties, were eventually adopted.
Q. Who presided over the Constitutional Convention?
A. George Washington was unanimously chosen to preside over the Constitutional Convention. His esteemed leadership and impartiality were essential in guiding the often-contentious debates and ensuring a productive environment for drafting the Constitution.
Q. How long did it take to frame the Constitution?
A. The Constitution was drafted in remarkably short order, taking fewer than one hundred working days. This intense period of deliberation and drafting reflects the urgency and determination of the deputies to create a robust framework for the new nation.
Q. How much was paid for the journal kept by Madison during the Constitutional Convention?
A. In 1837, President Jackson secured a congressional appropriation of $30,000 to purchase James Madison’s journal and other papers from the Constitutional Convention. This acquisition underscored the historical significance of Madison’s records in understanding the Constitution’s creation.
Key Debates and Compromises
Q. Was there harmony in the Convention?
A. No, the Constitutional Convention was not without conflict. Significant disagreements arose early on, particularly between representatives of small and large states. These conflicts were fundamental and required substantial compromise to overcome.
Q. Who presented the Virginia Plan?
A. Edmund Randolph presented the Virginia Plan, a proposal that favored larger states by advocating for representation based on population. This plan sparked considerable debate and set the stage for negotiations between large and small states.
Q. What was the Connecticut Compromise?
A. The Connecticut Compromise, also known as the Great Compromise, was a pivotal agreement. It resolved the dispute over representation by establishing a bicameral legislature. In the Senate, each state would have equal representation (two senators), while in the House of Representatives, representation would be based on population. This compromise balanced the interests of both small and large states, paving the way for further consensus.
Authorship and Finalization of the Constitution
Q. Who actually wrote the Constitution?
A. The literary authorship of the Constitution is not definitively attributed to one person in the historical records. After initial debates, a Committee of Detail, including John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson, drafted a version. Subsequently, a Committee of Style, composed of William Samuel Johnson, Alexander Hamilton, Gouverneur Morris, James Madison, and Rufus King, refined the draft into its final form. Gouverneur Morris is often credited with the primary literary style, but the Constitution was truly a product of collaborative effort.
Q. Who was the penman who engrossed the Constitution for signing?
A. Jacob Shallus, the assistant clerk of the Pennsylvania State Assembly, engrossed the final text of the Constitution. His office was conveniently located in the same building where the Convention was held.
Q. Does Shallus’s name appear on the document?
A. No, Jacob Shallus’s name is not on the Constitution itself or in related papers. Financial records merely note a payment for “clerks employed to transcribe & engross,” without individual names.
Q. When and how was the identity of the engrosser determined?
A. Jacob Shallus’s identity as the engrosser was discovered in 1937, on the 150th anniversary of the Constitution. This determination came after extensive research into historical documents and was revealed publicly for the first time at that anniversary.
Q. Where did Shallus likely do the engrossing?
A. While there is no definitive record, it is presumed that Jacob Shallus engrossed the Constitution in Independence Hall, given his workplace and the Convention’s location.
Q. Did Shallus realize the historical importance of his work?
A. Probably not. In 1796, when Shallus passed away, the Constitution had not yet achieved its current status as a firmly established set of governmental principles. Its significance and enduring impact evolved over time.
Q. Did some deputies refuse to sign the Constitution?
A. Yes, not all deputies signed the Constitution. Of the attendees, only thirty-nine signed. Fourteen had already left, and three—Edmund Randolph and George Mason of Virginia, and Elbridge Gerry of Massachusetts—refused to sign due to various objections to the final document.
Q. How can the signing be called unanimous if not everyone signed?
A. The signing was termed “Unanimous Consent of the States present” because the vote was conducted by states, and each state’s vote represented the majority decision of its deputies. Even though not every individual delegate signed, the states present officially consented to the document. Alexander Hamilton signed for New York, despite being the only deputy present from his state at that moment.
Q. Did George Washington sign the Declaration of Independence?
A. No, George Washington did not sign the Declaration of Independence. By July 4, 1776, he had already been appointed Commander-in-Chief of the Continental Army and was with the troops in New York City.
Q. What are the exact measurements of the original Declaration of Independence and Constitution?
A. The Declaration of Independence measures 29 7/8 inches by 24 7/16 inches. The Constitution, comprising four sheets, each measures approximately 28 3/4 inches by 23 5/8 inches.
Q. How many words are in the Constitution and Declaration, and how long to read them?
A. The Constitution contains 4,543 words, including signatures but excluding certificate details, and takes about 30 minutes to read. The Declaration of Independence has 1,458 words, including signatures, and requires roughly 10 minutes to read.
Ratification and Implementation
Q. What party names were given to those who favored and opposed ratification?
A. Those who supported the Constitution’s ratification were known as Federalists, emphasizing their support for a federal system. Opponents were called Antifederalists, highlighting their concerns about the potential overreach of a strong central government.
Q. In ratifying the Constitution, did the people vote directly?
A. No, the ratification process did not involve a direct popular vote. Instead, Article VII stipulated ratification by special state conventions elected for the purpose, reflecting a deliberate choice to have informed delegates decide on behalf of the populace.
Q. How many States needed to ratify the Constitution for it to take effect?
A. Article VII of the Constitution required ratification by nine states for it to become operational among those ratifying states. This threshold was reached, setting the stage for the new government.
Q. In what order did the States ratify the Constitution?
A. The states ratified in the following order: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, and New York. North Carolina and Rhode Island ratified after George Washington’s inauguration.
Q. Where did the greatest contests over ratification occur?
A. The most intense ratification debates and closest votes took place in Massachusetts, Virginia, and New York. These states were crucial due to their size and influence, and the debates there highlighted significant concerns and divisions over the proposed Constitution.
Q. What were the ratification votes in these closely contested states?
A. New York ratified by a narrow margin of three votes (30 to 27), Massachusetts by 187 to 168, and Virginia by 89 to 79. These close votes underscore the contentious nature of the ratification process and the deep divisions within these states.
Q. How many amendments were offered by State conventions during ratification?
A. State conventions proposed seventy-eight amendments during the ratification process, not including Rhode Island’s twenty-one and those from North Carolina’s first convention. Including these and Bills of Rights items, the total number of proposed amendments reaches 124, as per Professor Ames. Many of these addressed similar themes, particularly the protection of individual rights.
Q. When did the U.S. government begin operating under the Constitution?
A. The Constitution became binding on June 21, 1788, with New Hampshire’s ratification, the ninth state. Congress acknowledged this on July 2, 1788, and set the schedule for elections and the commencement of the new government. March 4, 1789, was legally set as the date for the government to begin, though practical operations started on April 6, 1789, with congressional organization. George Washington’s inauguration as President on April 30, 1789, marked the executive branch’s activation. The Supreme Court’s first session on February 2, 1790, completed the full operational status of the government under the Constitution.
Q. Did Washington receive a unanimous vote in his first presidential election?
A. Yes, George Washington received the unanimous vote of all electors who cast their ballots in the first presidential election. While not every elector voted, he received all 69 votes cast out of a possible 81, demonstrating widespread support.
Q. How did the first presidential inauguration proceed?
A. The Senate Journal details the first inauguration: the House of Representatives joined the Senate, and a joint committee escorted President Washington into the Senate Chamber. There, he was administered the oath of office by the Chancellor of New York. Following the oath, a proclamation of “Long live George Washington, President of the United States” was made. Washington then addressed Congress, and the proceedings moved to St. Paul’s Chapel for a divine service, after which he was escorted to his residence.
Q. Was Adams sworn in as Vice President before Washington’s inauguration?
A. No, John Adams was not sworn in as Vice President until June 3. The first act of Congress on June 1 provided for the oath of office. Members of the House had taken an oath on April 8, deemed sufficient by the June 1 act.
Q. Which cities have served as capitals of the U.S. government?
A. The U.S. capital has resided in several cities. The Continental Congress met in Philadelphia, Baltimore, Lancaster, York, Princeton, Annapolis, Trenton, and New York. Under the Constitution, New York was the first capital, followed by Philadelphia in 1790, and finally, Washington, D.C., became the permanent capital in 1800.
Q. How was the manner of addressing the President decided?
A. Initially, there was debate over the President’s title. The Senate favored “His Highness the President of the United States of America and Protector of their Liberties,” but the House deemed it too monarchical. Eventually, a simple address to “The President of the United States” was adopted by both houses on May 14, settling on a republican form of address.
Core Principles and Interpretation
Q. What is meant by the term “constitution”?
A. A “constitution” embodies the fundamental principles of a government. The U.S. Constitution, adopted by the sovereign power of the people, is amendable only by that power. It is the supreme law, to which all laws, executive actions, and judicial decisions must conform.
Q. Why is the U.S. Constitution considered “rigid”?
A. The U.S. Constitution is termed “rigid” because it is a written document that is not easily amended. Unlike a “flexible” constitution, such as the unwritten British Constitution, changes require a formal amendment process, making it more stable but less easily adaptable than ordinary laws.
Q. What was W. E. Gladstone’s famous quote about the Constitution?
A. W. E. Gladstone famously remarked, “As the British Constitution is the most subtle organism which has proceeded from the womb and long gestation of progressive history, so the American Constitution is, so far as I can see, the most wonderful work ever struck off at a given time by the brain and purpose of man.” This quote praises the Constitution for its deliberate creation and enduring design.
Q. What philosophical sources influenced the Constitution?
A. Montesquieu’s Spirit of Laws significantly influenced the Constitution’s framers. Montesquieu himself drew from John Locke’s writings, which were also familiar to many at the Convention. These Enlightenment thinkers provided key concepts on the separation of powers and governance.
Q. Are there original ideas of government in the Constitution?
A. Yes, while the Constitution draws from historical and philosophical precedents, it also incorporates original ideas. Its primary origins lie in centuries of governmental experience, lessons from England, colonial practices, and the Continental Congress. Its strength comes from its deep historical roots and the gradual evolution of its principles.
Q. In what language was Magna Carta written, and to whom was it addressed?
A. Magna Carta was written in Latin and addressed to “the archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, reeves, ministers, and to all bailiffs, and faithful subjects.” It was a foundational document of English rights and governance.
Q. What part of the world was first called America?
A. The name “America” was initially applied to Central Brazil in honor of Amerigo Vespucci. Geographer Mercator first used “America” to denote the entire known western world in 1538.
Q. When did the phrase “The United States of America” originate?
A. The first known use of the formal term “United States of America” was in the Declaration of Independence. Thomas Paine had earlier referred to “Free and independent States of America” in February 1776. Terms like “United Colonies” were also in use during 1775 and 1776.
Q. Which state papers connect the U.S. Constitution to Magna Carta?
A. Magna Carta and subsequent English statutes like those of Westminster, the Petition of Right (1628), the Habeas Corpus Act (1679), and the Bill of Rights (1689) are key English documents that developed ideas of popular government. Colonial charters and state constitutions in America were also predecessors, leading to the Declaration of Independence and the Constitution. The Albany Plan of 1754 and the Articles of Confederation were crucial steps toward the “more perfect Union” of the Constitution.
Q. In what respects had the Confederation failed?
A. The Articles of Confederation suffered from three major weaknesses: no independent revenue source, no control over commerce, and an inability to compel states to meet national obligations. It lacked direct authority over citizens and relied entirely on state cooperation, which proved inadequate for a functioning national government.
Q. How extensively has the Constitution been copied globally?
A. The U.S. Constitution has been highly influential and extensively copied in constitutions around the world, serving as a model for democratic governance and federal systems.
Q. Is the U.S. government accurately described as having limited powers?
A. Yes, the U.S. government is indeed one of limited powers. It possesses only those powers specifically granted to it by the Constitution, adhering to the principle of enumerated powers.
Q. How does the government exercise powers not explicitly mentioned in the Constitution?
A. The government exercises implied powers that logically extend from the enumerated powers. For example, the power to coin money implies the power to design coinage. The Supreme Court refers to this as “reasonable construction” of the Constitution, allowing for necessary and proper actions.
Q. Where is education mentioned in the Constitution?
A. Education is not mentioned in the Constitution. It is a matter reserved for the states, reflecting the principle of federalism and state control over local matters.
Q. Who was known as the “Expounder of the Constitution”?
A. Daniel Webster of Massachusetts was called the “Expounder of the Constitution” due to his powerful and eloquent speeches interpreting and defending the Constitution’s principles.
Constitutional Officers and Processes
Q. Must a member of the House reside in their represented district?
A. The Constitution requires a Representative to be an inhabitant of the state they represent when elected but does not mandate residency within the specific district. District residency is a matter of custom and often state law, not federal constitutional requirement.
Q. Can a Supreme Court Justice be impeached?
A. Yes, a Justice of the Supreme Court, like any “civil Officer,” can be impeached. Impeachment proceedings are initiated by the House of Representatives and trials are conducted by the Senate.
Q. Are Senators, Representatives, and Supreme Court Justices “civil officials”?
A. Supreme Court Justices are considered civil officials and subject to impeachment. Senators and Representatives are likely not, as the Constitution distinguishes between legislators and officials in impeachment clauses. However, Congress members can be expelled by their respective houses.
Q. What is the impeachment process for a Cabinet officer?
A. Impeachment of a Cabinet officer begins in the House of Representatives through charges presented by a member, memorial, state legislature, grand jury, or House committee findings. If the House votes to impeach, the Senate holds a trial. For presidential impeachments, the Chief Justice of the Supreme Court presides over the Senate trial.
Q. What does it mean when Senators are “paired”?
A. “Pairing” in the Senate is an agreement between two senators from opposing parties to not vote when the other is absent, effectively cancelling out their votes. This can be a general agreement or for specific votes, often to ensure representation of views even when a senator is unavoidably absent.
Q. What is the mace of the House and its purpose?
A. The mace of the House of Representatives symbolizes the House’s authority. It is made of thirteen ebony rods representing the original states, bound with silver, topped with a silver globe and eagle. During floor disorder, the Speaker can direct the Sergeant-at-Arms to display the mace to restore order. It rests on a pedestal when the House is in session and is lowered when in the Committee of the Whole, its repositioning signifies transitions in House proceedings.
Q. Who administers the oath of office to the Speaker of the House?
A. The oath of office to the Speaker of the House is typically administered by the member with the longest continuous service in the House, often referred to as the Dean of the House.
Q. What is meant by the “Father” of the House of Representatives?
A. The “Father of the House” is an informal title for the member of the House with the longest continuous service. This is a colloquial term borrowed from British parliamentary tradition.
Q. Why are House members referred to by state instead of name on the floor?
A. Referring to members by state (“the gentleman from New York”) is a custom in deliberative bodies to maintain decorum and separate political roles from personal identities during debate and procedure.
Q. Do members of Congress receive extra pay for committee work?
A. No, members of Congress do not receive additional compensation for their work on committees. Their salary covers all legislative responsibilities, including committee assignments.
Q. Could Cabinet members sit in Congress without a constitutional amendment?
A. No, the Constitution prohibits national officeholders from simultaneously being members of Congress. This separation of powers would require a constitutional amendment to allow Cabinet members to serve in Congress.
Q. Must revenue and appropriation bills originate in the House?
A. The Constitution mandates that all bills for raising revenue must originate in the House of Representatives. Customarily, appropriation bills also start in the House, though this is more tradition than constitutional requirement.
Q. What is the President’s veto power?
A. The President’s veto power, from Latin meaning “I forbid,” allows the President to reject a bill passed by Congress. Congress can override a veto with a two-thirds majority in both houses. A “pocket veto” occurs if Congress adjourns within ten days of sending a bill to the President, and the President does not sign it, effectively vetoing it without formal action.
Q. Can Congress recall a bill sent to the President?
A. Yes, Congress can recall a bill sent to the President using a concurrent resolution passed by both houses, requesting the President to return the bill. However, if the President has already signed it into law, it must be repealed through standard legislative processes.
Q. What is the difference between joint and concurrent resolutions?
A. A joint resolution has the force of law, requiring presidential signature and possible veto override. A concurrent resolution does not have legal force; it is used for procedural matters, organizational purposes within Congress, or to express opinions or principles without creating law.
Q. What is the longest non-judicial term of office in government?
A. The Comptroller General of the United States and the Assistant Comptroller General have the longest terms, holding office for fifteen years.
Q. What is the term of office for the Treasurer of the United States?
A. The Treasurer of the United States is appointed by the President, and the term of office is not specified, serving at the President’s pleasure.
Q. Does the Constitution establish the President’s Cabinet?
A. No, the Constitution does not explicitly provide for a Cabinet. The executive power is vested in the President, and executive departments were created by acts of Congress. The Cabinet is an advisory body, formed by the President, comprising department secretaries and other officials, serving at the President’s discretion.
Q. How many methods of electing the President were considered at the Convention?
A. The Constitutional Convention considered five methods for electing the President: by Congress, by popular vote, by state legislatures, by state executives, and by electors. The Electoral College system was a compromise, with electors chosen by state legislatures, though methods have evolved since.
Q. Who appoints the Chief Justice and for how long?
A. The Chief Justice of the United States, like Associate Justices, is appointed by the President with Senate consent and serves for life during “good behavior.”
Q. What authority allows the President to call a special session of Congress?
A. Article II, Section 3 of the Constitution empowers the President to convene either or both houses of Congress on “extraordinary Occasions,” allowing for special sessions when urgent matters require congressional attention.
Q. Can the Secretary of State recognize a government without Congressional consent?
A. Yes, the Secretary of State, acting for the President, can recognize a foreign government without needing Congressional approval, as recognition is considered an executive function.
Q. How was the national judiciary organized under the new government?
A. The Judiciary Act of 1789, primarily authored by Senator Oliver Ellsworth, established the federal judiciary. It created the Supreme Court with a Chief Justice and five Associates, district courts in each state, and circuit courts where Supreme Court Justices and district judges presided. The act defined jurisdictions and established necessary judicial officers.
Q. What are the correct styles and titles for the Supreme Court and its members?
A. The correct title is “The Supreme Court of the United States.” Members are referred to as Justices or Associate Justices, except for the head of the court, who is “The Chief Justice of the United States.”
Q. What has been the number of Supreme Court Justices throughout history?
A. The number of Supreme Court Justices has varied. Initially set at six in 1789, it increased to seven in 1807, nine in 1837, and ten in 1863. In 1866, it was reduced to seven, then restored to nine in 1869, where it has remained.
Q. Does the Supreme Court “nullify” acts of Congress?
A. No, the Supreme Court does not “nullify” acts of Congress. It interprets laws in cases brought before it and assesses their constitutionality. If a law is deemed unconstitutional, the Court declares it not enforceable, based on its interpretation of constitutional limits.
Q. In which case did the Supreme Court first assert authority against a congressional act?
A. Marbury v. Madison (1803) is the landmark case where the Supreme Court first formally asserted its authority to review and invalidate a law passed by Congress, establishing the principle of judicial review.
Q. What constitutes treason against the United States?
A. Treason against the United States is specifically defined in the Constitution as levying war against the U.S. or adhering to its enemies, giving them aid and comfort. Conviction requires testimony from two witnesses to the same overt act or a confession in open court.
Q. What rights does a Territorial Delegate have in Congress?
A. A Territorial Delegate from each organized territory can sit in the House of Representatives. Delegates can serve on committees and participate in debates but do not have voting rights on the House floor.
Q. Is a constitutional amendment submitted to the President?
A. No, a constitutional amendment, once passed by a two-thirds vote in both houses of Congress, is not submitted to the President for signature. It is sent directly to the states for ratification.
Q. What is the supreme law of the land in the U.S.?
A. Article VI of the Constitution declares the Constitution itself, federal laws made in pursuance of it, and treaties made under U.S. authority as “the supreme Law of the Land.” State judges are bound by this, overriding any conflicting state laws or constitutions.
Q. Is “sovereign States” an accurate term for states in the U.S. Union?
A. No, “sovereign States” is not accurate. In the U.S. system, states are not sovereign in the international sense. They are subordinate to the U.S. Constitution, which is the supreme law, and thus do not possess ultimate sovereignty.
Q. Does the Constitution prohibit members of certain religions from being President?
A. No, Article VI explicitly states that “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States,” ensuring religious freedom and equal opportunity for public service.
Q. Should constitutional amendments be called “articles”?
A. Early amendments were termed “Articles in addition to, and Amendment of the Constitution.” While “article” is used in the text of amendments post-Twelfth (except Seventeenth), “amendment” with the number is clearer and now the preferred usage to avoid confusion.
Q. How many proposed amendments were considered in the First Congress?
A. The First Congress considered all amendments proposed by state conventions, with approximately 90 formally introduced. Professor Ames lists 312 total actions in the First Congress related to amendments, including state proposals and congressional actions.
Q. Who proposed the first executive departments and constitutional amendments?
A. James Madison of Virginia proposed the resolutions for creating the first executive departments and the set of twelve constitutional amendments, ten of which became the Bill of Rights.
Q. What constitutes the Bill of Rights?
A. The Bill of Rights is composed of the first ten amendments to the Constitution, guaranteeing fundamental rights and liberties to individuals.
Q. Of the twelve proposed Bill of Rights amendments, why were only ten adopted initially?
A. Two of the twelve proposed amendments were not initially ratified. One concerned the apportionment of Representatives, and the other regulated congressional pay. (Note: The congressional pay amendment was eventually ratified in 1992 as the 27th Amendment).
Q. Do the first ten amendments apply to the States?
A. Originally, the Bill of Rights primarily restricted the powers of the national government, not the state governments. However, through the Fourteenth Amendment, many of these restrictions have been applied to the states through a process of selective incorporation.
Q. Does the Constitution grant rights and liberties?
A. No, the Constitution does not grant rights; it guarantees pre-existing rights and liberties inherent to the people. The Constitution was established to secure these liberties against government intrusion, setting limits on both national and state powers, with undelegated powers reserved to the people or the states.
Q. What protections are provided to those accused of crimes under federal jurisdiction?
A. The Fifth Amendment guarantees grand jury indictment for serious crimes, protection against double jeopardy and self-incrimination, and due process of law. The Eighth Amendment prohibits excessive bail and cruel and unusual punishments. The original Constitution also forbids ex post facto laws and bills of attainder, ensures habeas corpus, and jury trials.
Q. Is the right to a speedy trial guaranteed?
A. Yes, the Sixth Amendment explicitly guarantees the right to a speedy and public trial by an impartial jury in criminal prosecutions, along with rights to be informed of charges, confront witnesses, compel witnesses in one’s favor, and have legal counsel.
Q. Is jury trial assured in civil cases?
A. Yes, the Seventh Amendment preserves the right to jury trial in civil cases at common law where the value in controversy exceeds twenty dollars.
Q. What is the longest period without a constitutional amendment?
A. The longest period without a constitutional amendment is sixty-one years, between the ratification of the Twelfth Amendment in 1804 and the Thirteenth Amendment in 1865.
Q. How long did it take to ratify the income tax amendment?
A. The Sixteenth Amendment, allowing for income tax, was proposed on July 12, 1909, and ratified by the 36th state on February 3, 1913, taking approximately three years and declared ratified on February 25, 1913.
Q. Was the Prohibition Amendment the first instance of incorporating a statute into the Constitution?
A. No, the Prohibition Amendment was not the first. Provisions regarding slavery and the slave trade in the original Constitution were also statutory in nature, addressing specific policy matters, though these were later rendered obsolete.
Q. How many amendments have been repealed?
A. Only one amendment has been repealed: the Eighteenth Amendment (Prohibition).
Q. How is a constitutional amendment repealed?
A. A constitutional amendment is repealed by adding another amendment that explicitly repeals the previous one.
Q. If the Eighteenth Amendment is repealed, why is the repealing amendment the Twenty-first?
A. Even if repealed, the Eighteenth Amendment remains in the Constitution, but it is noted as repealed by the Twenty-first Amendment. The numbering of amendments continues sequentially regardless of repeal.
Q. What is the Twentieth Amendment, and when was it adopted?
A. The Twentieth Amendment, the “Lame Duck” Amendment, changed the start dates for presidential, vice-presidential, and congressional terms. Presidential and VP terms now begin on January 20, and congressional terms on January 3. It was ratified on January 23, 1933, and effective on February 6, 1933.
Q. Why was an amendment needed to change term start dates?
A. Changing the term start dates required an amendment because the Constitution sets fixed terms for these offices. Altering these dates would affect incumbents’ terms, necessitating a constitutional change.
Q. If a President-elect dies, who becomes President?
A. The Twentieth Amendment specifies that if the President-elect dies before taking office, the Vice President-elect becomes President at the term’s beginning.
Q. Does the Twentieth Amendment abolish the Electoral College?
A. No, the Twentieth Amendment does not abolish the Electoral College. It only alters the commencement dates of terms and succession protocols.
Q. How many states can block a constitutional amendment?
A. Thirteen states can block a constitutional amendment. Amendment rejections are not final, but approvals are, within any time limit set by the proposing amendment.
This study guide provides a detailed overview of the U.S. Constitution through a question-and-answer format, ideal for students focusing on Unit 2 of their Constitution studies. For further in-depth study, refer to original documents and scholarly articles on constitutional law and history.
Note: This content is adapted from “The Story of the Constitution” by Sol Bloom, published by the National Archives and Records Administration.
