Lecture 1 - 2

Question 1

What Article & Section?

All executive power must be vested in a President of the United States.

Answer 1

Article 2 Section 1

Question 2

Article 2 Section 1: All executive power must be vested in a President of the United States. What does this mean? Examples?

Answer 2

National defense – keeping the country safe those are the inherent powers of the president. Keeping us safe.

Question 3

President must “take care that laws be faithfully executed.” What does this mean?

Answer 3

Congress enacts the law now the president has to enforce it. A president doesn’t have a license to not enforce a law that he is not sympathize with– ex trump wins there will be a lot of laws that democrats have enacted that he is unsympathetic too, but he has an obligation to enforce laws.
Objection people had when Obama tried to enact DACA. You might not be sympathetic to the immigration laws, but you still have to enforce it unless you repeal it.

Question 4

President is chosen by electors from each state, “in such Manner as the Legislature thereof may direct.” In short, there is nothing in the Constitution mandating the _____ ______ of either the Senate (until the Seventeenth Amendment) or the President. This adumbrates the modern Electoral College.

When you vote it doesn’t say vote for Obama vote for McCain. It said electors for Obama and electors for McCain. Nothing in the constitution mandating the _____ ______ of either the senate or the president. That is the modern electoral college.

Answer 4

direct election

direct election

Question 5

To be president you must be a ___ _____ _____ and be at least ___ _______ ___ ______/

Answer 5

natural born citizen

35 years of age

Question 6

Someone who is an immigrant might have divided loyalties that is why the _________ must be a natural born citizen.

Answer 6

president

Question 7

Article 2 Section 3
President can be removed from office by the Senate for “__________, _________, or other _______ __________ and _____________.”

Answer 7

Treason

Bribery

High Crimes and Misdemeanors

Question 8

Article 2 – Section 3

President can be removed from office by the Senate for “Treason, Bribery, or other high Crimes and Misdemeanors.”

Notice that “misdemeanors” can be minor and this empowers the Congress to remove a President for purely ________ purposes.

Answer 8

political

Question 9

If I commit a crime KPD comes after me there is nothing structurally, I can do. President commits a crime there are things structurally he can do. True or False.

Answer 9

True

Question 10

Why would the Framers have chosen to elect a President by way of an Electoral College as opposed to nationwide popular vote?
A. Historical mistake.

B. It was impossible to tally a nationwide vote at the time.

C. It was a means of empowering smaller states.

D. It remedied the fact that each state had different voting qualifications that made it impossible at the time to have a true nationwide popular vote.

E.B, C and D.

Answer 10

Answer: E. B, C and D

Question 11

Most of presidents have come from larger states. Exception – joe Biden. Bill Clinton.
Donald Trump, Obama – larger states. True or False.

Answer 11

True

Question 12

Why would the Framers have insisted that the President be a natural born citizen as opposed to naturalized citizen?
A. They feared that immigrants might have dual loyalties.
B. They were afraid of European dynasties.
C. They wanted to keep immigrants out of the country.
D. A and B.

Answer 12

Answer D: A and B

This is not narrow tailoring

Question 13

Why did the Framers insist on age qualifications for members of Congress and the President?
A. They recognized that with age comes wisdom.
B. They feared dynastic as opposed to meritocratic politics.
C. A and B.
D. None of the above.

Answer 13

Answer: C. A and B.

Question 14

At any moment in time, our elected officials are elected/ chosen over three different election cycles, i.e. President-elect Biden was elected in 2020, the entire House was elected in 2022, one third of the Senate was elected in 2022, one third in 2020 and one third in 2018.

This refers to the ________ system of _______ ________.

Everyone operating under a different timeline. Disperse power.

Answer 14

Framers

elected office holders

Question 15

Ex. On highway accident and someone died, and I was focused on the fact that I needed to use the bathroom. That is how life works. There is a thing to do today but the framers felt that a president with 4 years as compared to house member the greater timeline might give him focus on a greater prospective, but we don’t want to give him too long a leash because that is potentially tyranny. !

Answer 15

!

Question 16

Citizens of each state shall be entitled to all Privileges and Immunities of the Citizens of the Several States.

What Article?

Answer 16

Article 4 Section 2

Question 17

Article IV -Section 2

Citizens of each state shall be entitled to all Privileges and Immunities of the Citizens of the Several States. What does this mean?

Answer 17

At the very least it means that all Americans can relocate nationwide.

Question 18

Provides that criminals cannot escape punishment by relocating to another state.

What Article?

Answer 18

Article 4 Section 2

Question 19

*The Congress can propose constitutional amendments with two-thirds vote of each House.

*Two-thirds of state legislatures are needed to call a convention for purposes of proposing amendments.

*Three-quarters of state legislatures are needed to ratify an amendment.

*No state, without its consent, shall be deprived of equal suffrage in the Senate.

What Article?

Answer 19

Article 5

Question 20

13 original colonies that become states at this time. If 9 votes to ratify we have a united states but if they don’t join, they just aren’t in the US, they stay independent. IF you want to stay out you stay out when everyone else stays out, but you don’t want to stay out and everybody join a union that you are not a part of. !!

Answer 20

!!

Question 21

• The ratification of nine states was necessary to establish the United States, which shall consist of all states ratifying the constitution.
• This was controversial because the Articles of Confederation required unanimity to take effect.

What Article?

Answer 21

Article 7

Question 22

1.What state was the ninth state to ratify and therefore create the United States?

Answer 22

New Hampshire

small state like NH you don’t want to be the outside of something big.

Question 23

2.What state was the closest to voting no?

Answer 23

New York - Can survive without the United States

Question 24

3. Which two were the last to ratify?

Answer 24

North Carolina and Rhode Island

Question 25

Under the name Publius, Madison, Hamilton and Jay published the _______ _______ to advocate for ratification of the U.S. Constitution.

Answer 25

Federalist Papers

Question 26

They said join the country it is a great idea. The obvious concern of joining the United States is _________. A big government that is indifferent to you that at times could oppress you.

Answer 26

tyranny

Question 27

“Democracy is two wolves and a lamb voting on what to have for lunch.” “Liberty is a well-armed lamb contesting the vote!”

Who said this?

Answer 27

Ben Franklin

Question 28

What did the Federalist Papers say both directly and by implication?
1. ?
2.
3.
4.
5.

Answer 28

1. That a republic was being created.

Question 29

What did the Federalist Papers say both directly and by implication?
1.
2. ?
3.
4.
5.

Answer 29

2. That the Congress would have been limited and enumerated powers while the states would have police powers.

Question 30

What did the Federalist Papers say both directly and by implication?
1.
2.
3. ?
4.
5.

Answer 30

3. That federalism would provide the benefits of large and small republic and protect against despotism.

Question 31

What did the Federalist Papers say both directly and by implication?
1.
2.
3.
4. ?
5.

Answer 31

4. That a Congressional form of government was created.

Question 32

What did the Federalist Papers say both directly and by implication?
1.
2.
3.
4.
5. ?

Answer 32

5. Secession, by implication, was disallowed

Question 33

__________ is whoever definitively got a majority of the vote.

__________ – as long as there’s not a majority vote but non-dynastic and basic sovereignty residing with the people.

Answer 33

Democracy

Republic

Question 34

Trump lost the ______ _______ to Hillary Clinton. But still a lot of people voted for Trump. Still popular sovereignty but with the electoral college system as a republic he was the duly elected president.

Answer 34

popular vote

Question 35

State can tell you who you can marry, what speed limit to go, car insurance, child has to go to school, where my child’s school will be. ______ ___________ cannot do those things directly.

Answer 35

federal government

Question 36

Pressure sale. Buy this and take it home, if you don’t like it return it back. ________ in trying to tempt the states to join never told states if you don’t like the US, you can always leave. Easiest argument to make there is nothing to lose. By implication, Succession was disallowed.

Answer 36

Framers

Question 37

The Constitution sets up a _________ form of government and not a __________ system of government.

Answer 37

congressional

presidential

Question 38

The ___________ is really a dialogue between the federal government and the several states, i.e., congresswoman are wither elected or appointed from the several states and the President is chosen by the States via the electoral college and not the people of the United States.

Answer 38

Constitution

Question 39

The __________ gives enumerated powers to the federal government and residual powers to the several states, i.e., it sets up a relatively weak federal government and strong State governments that retain police powers.

Answer 39

Constitution

Question 40

According to the text set forth in the Articles of the United States Constitution, who elects the President of the United States?
1. The people of the United States.
2. The Congress of the United States.
3. The several states.
4. Electors chosen by the several states.

Answer 40

Answer: 4. Electors chosen by the several states

Question 41

Can the President remove a member of Congress from office?
1. Yes by executive order.
2. Yes under the President’s powers as commander in chief.
3. No.
4. Depends on a court’s use of judicial review.

Answer 41

Answer: 3. No.

It was a close-run thing. Struggle to say yes to something: discernment. What Madison agreed to do is even though creating a constitution that says federal government would have powers given to it by congress and congress would only act on enumerated powers there will be a court system and dispersion of powers Madison in spite of all of that he would still come up with a bill of rights to make sure that baby stayed small. To keep it small.

Question 42

Drafted by Madison to impose additional limitations on Congressional power.

The House approved 17 amendments, the Senate 12 and ten were eventually ratified by the states as the ____ ____ _____ in 1791.

Answer 42

Bill of Rights

Question 43

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Notice the restriction on Congress and not on any state legislature.

Notice the five freedoms, namely speech, press, assembly, religion and lobbying.

Which Amendment?

Answer 43

The First Amendment

Question 44

Most people are religious, and most people were definitively religious in 1787. We can’t choose a national religion.

Israel is the Jewish state.

Our United States disallows that.

We are not going to allow there to be an official state but also won’t allow discrimination against those from minority religions as well.
!

Answer 44

!

Question 45

Protesters have to be allowed to protest.
Petition the government – lobbyist. Engaging in a ____ _________ protected activity. We are trying to ask the states out on a date. Tn is not going to go out with me if I say you have to pick up dinner as opposed to you can’t do this and can’t do that, we need to offer them something. We can only say the federal government won’t do this. We have to wait until Lincolns constitution amendments for this to apply to the states.

Answer 45

First Amendment

Question 46

A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

What Amendment?

Answer 46

Second Amendment

Question 47

Second Amendment (1791)

A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
* What does this mean?
* What is the controversy?

Answer 47

People have the right to be armed and the government cannot take that power away from them.

Hard to know. We want to have the tools- you are representing someone not sympatric to gun rights and the tools to argue for them and if hostile you want to have the tools to be able to argue for someone

Question 48

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in manner to be prescribed by law.

What Amendment?

Answer 48

Third Amendment

Question 49

The important part of the Fifth Amendment is “shall private property be taken for public use, without just compensation.”

If you want to take property, you better, make sure you are paying them at least fair market value. Protection of _______.

Answer 49

liberty

Question 50

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

What amendment?

Answer 50

Sixth Amendment

Question 51

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

What Amendment?

Answer 51

Seventh Amendment

Question 52

Civil suit in federal court for 21 dollars I get a jury. In New York state – eminent domain trial is before a judge. Eminent domain trial in federal is before a jury. Jury is more difficult for the state. A jury is like you took his land you better have a good reason and it better be a fair market value.

State court is not so hard.

What Amendment did we discuss this around?

Answer 52

Seventh Amendment

Question 53

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

What Amendment?

Answer 53

Eighth Amendment

Question 54

Some people death penalty. It is hard to know what is cruel and unusual. Solitary confinement – unusual.

What Amendment does this refer to?

Answer 54

Eighth Amendment

Question 55

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

What Amendment?

Answer 55

Tenth Amendment

Question 56

I like suspenders – belt and suspends at the same time. Congress is limited and then a bill of rights and close it off with a reminder that the baby is to stay small. Just in case a button comes off.

What Amendment?

Answer 56

Tenth Amendment

Question 57

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

What Amendment?

Answer 57

Eleventh Amendment

Question 58

No federal court should be able to adjudicate the budget of another state.
Diversity suit- Chisholm v. Georgia where Georgia screwed a SC and didn’t pay him. He sued in federal court, and they said Georgia pay him the money. States threatened to leave, and it led to the ratification. Effective sovereign immunity from diversity suits in federal courts against the state.

What Amendment did we discuss this after?

Answer 58

Eleventh Amendment