The Constitution

Question 1

What was the original purpose of the Philadelphia Convention in 1787?

Answer 1

The meeting in Philadelphia had been called to discuss revising the Articles of Confederation, but the delegates quickly decided to scrap the articles and drafted a new governing document.

Question 2

Describe the fundamental tenets of the Virginia Plan:

Answer 2

The Virginia Plan proposed:

• three branches of government with the legislative branch as the most powerful
• a bicameral (two-house) legislature, with the number of legislators in both houses tied to population
• members of the upper house chosen by the lower house, and executive chosen by both houses

The Virginia Plan was supported by the larger states of Virginia, Pennsylvania, and New York because it was tied to population.

Question 3

In opposition to the Virginia Plan, delegates from smaller states supported the New Jersey Plan. What were this plan’s key terms?

Answer 3

The New Jersey Plan’s terms included:

• an elected unicameral (one-house) legislature, with equal representation for each state
• an executive, chosen by the legislature
• a judiciary, chosen by the executive
• a legislature that could regulate interstate and foreign commerce and establish tariffs

Question 4

How were the differences between the Virginia Plan and the New Jersey Plan resolved?

Answer 4

Roger Sherman of Connecticut proposed a plan that incorporated ideas from both the Virginia and New Jersey Plans, known as the “Connecticut Compromise” or the “Great Compromise.” The Compromise created a bicameral legislature, with one house based on population (the House of Representatives) and one with equal representation (the Senate).

Most important, the Connecticut Compromise saved the convention, which had been on the brink of dissolving.

Question 5

As part of the deliberations in Philadelphia, the delegates agreed to the Three-Fifths Compromise. What was it?

Answer 5

The Three-Fifths Compromise was an agreement between northern and southern states that three-fifths of the slave population would be counted for purposes of taxation and representation.

The South’s population was growing more rapidly than the North’s in the late 1700s. To solidify their region’s supremacy in the House of Representatives, Southerners wanted slaves counted for purposes of population, which the North opposed.

Question 6

What are the five basic constitutional principles, as established within the Constitution?

Answer 6

The five basic constitutional principles are:

1. limited government
2. federalism
3. separation of powers
4. checks and balances
5. popular sovereignty

A sixth principle, judicial review, would be established by the Supreme Court in Marbury v. Madison (1803).

Question 7

The Constitution’s Preamble listed six reasons for establishing the Constitution. What were they?

Answer 7

The Preamble states that the Constitution was established in order to:

1. form a more perfect Union
2. establish Justice
3. ensure domestic tranquility
4. provide for the common defence [sic]
5. promote the general Welfare
6. secure the Blessings of Liberty to ourselves and to our Posterity

Each of these principles addressed weaknesses that had arisen in the Articles of Confederation government.

Question 8

Which constitutional article established the legislative branch?

Answer 8

The legislative branch was established in Article I, the lengthiest and most detailed of any of the articles. It established Congress’ powers and limitations, its method of election, and outlined the qualifications of members.

Question 9

What is meant by the term “enumerated powers”?

Answer 9

Enumerated powers, or expressed powers, refer to the 17 powers specifically delegated to Congress in Article I, Section 8, of the Constitution. These powers include the power to coin money, to provide for an army and navy, and to borrow money.

Question 10

What constitutional provision is known as the “Elastic Clause”?

Answer 10

A
The Elastic Clause, also known as the Necessary and Proper Clause, is the final clause in Article I, Section 8. It allows Congress “[t]o make all [l]aws which shall be necessary and proper for carrying into [e]xecution the foregoing powers…”

Congress and the Supreme Court have paired this clause with the Commerce Clause to provide the constitutional justification for many federal laws covering subject matter not specifically delineated in the enumerated powers.

Question 11

Which portion of Article I, Section 8, establishes Congress’ power over interstate commerce?

Answer 11

Congress’ power over interstate commerce is established in the Commerce Clause, which allows Congress “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

The Commerce Clause has been used (often paired with the Elastic Clause) to justify federal intervention and laws in almost any matter, as long as some tie can be found to commerce or the economy.

Question 12

Article II establishes the executive branch and how a president is elected. What relevant institution is also defined in Article II?

Answer 12

the Electoral College

Much of the Electoral College system proved unworkable after the development of political parties and was amended by the Twelfth Amendment in 1803, establishing the current Electoral College.

Question 13

What powers does Article II provide to the executive branch?

Answer 13

Article II gives the president the power to:

• command the military
• with the Senate’s advice and consent, make treaties, appoint ambassadors, ministers, judges, and the heads of departments (e.g. the Secretary of State)
• call Congress into special session
• grant reprieves and pardons
• adjourn Congress

Question 14

According to Article II, what are the president’s responsibilities?

Answer 14

Under Article II, the president must:

• report on the State of the Union
• recommend to Congress any measures the president deems “necessary and expedient”
• receive foreign ambassadors and representatives
• care for the faithful execution of the law
• commission officers in diplomatic and military service

Question 15

Article II’s last section describes the removal of the president, vice president, and all civil officers from their offices. What is the removal process called?

Answer 15

The removal process is called “impeachment”; however, actual removal requires a conviction in the Senate of “[t]reason, [b]ribery, or other [h]igh crimes and [m]isdemeanors.”

Only two presidents, Andrew Johnson and Bill Clinton, have been impeached, and neither was removed.

Question 16

Article III establishes what governmental branch?

Answer 16

Article III establishes the judicial branch; specifically the Supreme Court and “such inferior Courts as the Congress may from time to time ordain and establish.”

Question 17

According to Article III, how long do federal judges retain their positions on the bench?

Answer 17

Under Article III, federal judges “shall hold their [o]ffices during good [b]ehavior,” which is typically taken to mean that judges have lifetime tenure and can only be removed by impeachment.

In comparison, many state court judges must stand for election.

Question 18

Article III states that Congress may not reduce federal judges’ salaries during their time in office. Why were these provisions enacted?

Answer 18

The framers enacted these provisions to prevent Congress from pressuring federal judges with the threat of reduced pay, thus making the judiciary more independent.

Question 19

What is the difference between original jurisdiction and appellate jurisdiction?

Answer 19

Original jurisdiction is the power to hear a case for the first time, while appellate jursidiction allows a court to review a lower court’s decision.

Question 20

Article III gives the Supreme Court original jurisdiction over what types of cases?

Answer 20

According to Article III, the Supreme Court is the first court to hear:

• Cases involving ambassadors, ministers, and counsel
• Cases in which at least one party is a state (i.e. cases in which the Federal Government has a controversy with a state, or two states are suing each other)

In addition to establishing the principle of judicial review, Marbury v. Madison (1803) held that Congress may not expand the Supreme Court’s original jurisdiction.

Question 21

What types of cases are heard under the Supreme Court’s Article III appellate jurisdiction?

Answer 21

The court’s appellate jurisdiction commonly extends to:

• any case arising under the Constitution
• any case involving a treaty
• admiralty and maritime cases
• controversies between a state and citizens from another state or foreign citizens (abrogated by the 11th Amendment)
• controversies between citizens of different states

In addition, Congress can grant expanded appellate jurisdiction to the Supreme Court.

Question 22

Article III provides for a trial by _____ in all criminal trials, a right further expanded in the Sixth Amendment.

Answer 22

jury

Article III guarantees a jury trial except in cases of impeachment.

Question 23

Article III defines which crime as consisting “only in levying War against them (the United States), or in adhering to their Enemies, giving them Aid and Comfort”?

Answer 23

A
This passage is Article III’s definition of treason and provides that no one shall be convicted of treason absent the testimony of two witnesses to the same overt act or the accused’s confession.

Article III also prevents the federal government from convicting the traitor’s relatives merely because they are related. Such convictions were allowed in Great Britain.

Question 24

Article IV contains the “Full Faith and Credit” Clause, which obligates states to do what?

Answer 24

The clause requires that each state honor judgments and public records from other states.

The clause reads that “[F]ull faith and credit shall be given in each state to the public acts, records, and judicial proceedings of other states.”

Question 25

What does Article IV’s Privileges and Immunities Clause require?

Answer 25

The Privileges and Immunities Clause requires that states not discriminate against citizens of other states in favor of their own citizens.

Question 26

According to Article IV, after a purported criminal flees to a different state, who can request that the different state extradite (return) the criminal?

Answer 26

Under Article IV, the extradition request must come from the governor of the state where the criminal act took place.

Question 27

According to Article IV, which branch of the federal government authorizes the formation of new states?

Answer 27

New states are authorized by the legislative branch. Importantly, Article IV prohibits new states from being formed out of the territory of existing states without that state’s permission.

Question 28

Pursuant to Article IV, what form of government does the federal government guarantee to each state?

Answer 28

Article IV contains the federal government’s guarantee of a republican form of government.

Only rarely reviewed by the Supreme Court, scholars believe this clause was designed to allow the federal government to intervene in the case of an intrastate insurrection, such as Shay’s Rebellion, and guarantees that each state is governed by representative institutions.

Question 29

In Article V, the Constitution provides two means for proposing amendments. What are they?

Answer 29

The two means for proposing amendments are:

1. 2/3 of each house can pass a resolution supporting an amendment
2. a proposal can be drafted at a national convention, if requested, by 2/3 of the states

The national convention provision has never been exercised.

Question 30

Once a constitutional amendment has been proposed, what two procedures under Article V allow for its ratification?

Answer 30

Under Article V, either 3/4 of the state legislature, or 3/4 of state conventions called for the purpose, must approve the amendment for it to become part of the Constitution.

The state ratifying convention method has only been used once – for the Nineteenth Amendment.

Congress can, if it so desires, establish a time limit by which ratification must take place.

Question 31

Article VI contains the “Supremacy Clause.” What does this clause establish?

Answer 31

The Supremacy Clause holds that the Constitution is the Supreme Law of the United States, taking precedence over state law.

Article VI also established that the new government would honor the debts of the Articles of Confederation government and banned religious oaths for governmental officials.

Question 32

According to Article VII, how many ratifications were necessary before the Constitution became legally binding?

Answer 32

Article VII required 9 of the 13 states to adopt the Constitution; Delaware was the first to do so.

In practicality, however, the Constitution only became the country’s de facto governing document when ratified by the largest and most important states: Virginia and New York. The two states were the 10th and 11th states to ratify.

Question 33

In support of the new Constitution, John Jay, Alexander Hamilton, and James Madison wrote a series of essays to New York newspapers. By what term are these letters known?

Answer 33

These essays, known as the Federalist Papers, advocated the adoption of the Constitution, and discussed many of its provisions. For instance, Federalist Paper #51 discussed the Constitution’s checks and balances, and #78 justified the judicial branch.

Today, the Federalist Papers are important to anyone trying to interpret the Constitution’s provisions.

Question 34

In one of the most famous of the Federalist Papers, #10, James Madison warned against “factions”; groups of citizens with interests divergent from the interests of the community as a whole. Why did Madison fear factions?

Answer 34

Madison believed that factions would undermine a republic, causing it to be torn asunder, a danger made worse in small republics. A large, strong, national government with a representative democracy such as that envisioned in the Constitution would provide a safeguard to the community as a whole.

According to Madison, “a pure [direct] democracy can admit no cure for the mischiefs of faction. A common passion or interest will be felt by a majority, and there is nothing to check the inducements to sacrifice the weaker party.”

Question 35

Opponents of the new Constititution (the Anti-federalists) contended that the new Constitution was a threat to individual liberty. How did Hamilton, Madison, and the Federalists respond to this concern?

Answer 35

A
The Federalists proposed a series of 12 constitutional amendments, giving a guarantee of individual liberty. The first 10 amendments were passed and ratified by 1790 and are known as the Bill of Rights.

The proposed 11th amendment (dealing with congressional pay) was ratified in 1992, as the 27th Amendment. The 12th proposed amendment has never been ratified.

Question 36

In the context of the federal government, what is meant by the term “separation of powers”?

Answer 36

Separation of powers is part of the Constitution’s division of power among the three branches of government. Each branch has particular rights and responsibilities. The Constitution uses checks and balances to diffuse power between the branches and make sure no branch becomes too powerful.

As an example, while the president is the commander in chief of the military, only Congress has the power to declare war.

Question 37

What safeguards did the framers establish in the Constitution to make sure that changes happened slowly?

Answer 37

• Term lengths: the president (4 years), the House (2 years), and the Senate (6 years) all serve different terms; this makes it a time-consuming process for a majority to prevail
• Indirect elections: under the Constitution as drafted, both the president and the Senate
• The amendment process is difficult, requiring large majorities at each step

Question 38

What checks does the legislative branch exercise over the executive branch?

Answer 38

The legislative branch exercises numerous checks over the executive branch, including:

• power of impeachment
• overriding of presidential vetoes with a 2/3 vote
• congressional creation and oversight of executive agencies and programs
• congressional appropriation of funds for executive agencies and programs
• Senate’s advice and consent on treaties and presidential appointments

Question 39

What checks does the legislative branch exercise over the judicial branch?

Answer 39

The legislative branch exercises numerous checks over the judicial branch, including:

• the power of impeachment
• the ability to create and fund lower courts under Article III
• the power to set (but not lower) judicial salaries
• Senate’s advises and consents of judicial appointments
• proposal of amendments to override judicial decisions

Question 40

What checks and balances does the executive branch exercise over the legislative branch?

Answer 40

The executive branch exercises numerous checks over the legislative branch, including:

• the president may veto congressional legislation
• the president can recommend legislation to Congress
• the president is empowered to call Congress into extra sessions and adjourn Congress

Question 41

What checks does the executive branch exercise over the judicial branch?

Answer 41

The executive branch exercises numerous checks over the judicial branch, including:

• president appoints federal judges (with the advice and consent of the Senate)
• president may grant reprieves and pardon federal offenders
• president may refuse to enforce court decisions

Question 42

What checks does the judicial branch exercise over the legislative and executive branches?

Answer 42

The judicial branch’s primary check is its power to declare both legislation and executive actions unconstitutional. In addition, the Chief Justice presides over any impeachment trial in the Senate.

Question 43

In its original text, the Constitution prohibits bills of attainder. What are bills of attainder?

Answer 43

A bill of attainder is an act of the legislature deeming a person, or groups of persons, guilty of a crime without the benefit of a trial. The Constitution also disallowed bills of attainder from state legislatures.

An example of a bill of attainder would be a congressional act that barred the government from paying the salary of three specifically identified federal employees for supporting Communism.

Question 44

An _____ _____ _____ law retroactively changes the legal consequences of an act that was legal when it was committed.

Answer 44

ex post facto

Barred by the Constitution, ex post facto laws are not limited to making an act illegal after the fact. They may also increase the punishment prescribed for an act that was a crime when committed.

Question 45

Article I, Section IX bars Congress from suspending the privilege of the writ of habeas corpus, unless invasion or rebellion requires it to ensure public safety. What is a writ of habeas corpus?

Answer 45

A writ of habeas corpus is a court order requiring an arresting authority to produce a person held in custody and show sufficient cause for their detention. A writ of habeas corpus thus prevents permanent, unlawful detentions.

Question 46

The Fifth and 14th Amendments both contain a _____ _____ clause.

Answer 46

due process

The Fifth Amendment applies to the federal government, while the 14th applies to the states. Both prohibit depriving a person of “life, liberty, or property without due process of law.” The due process clauses require that the legal proceeding be fair and that one have notice and opportunity to be heard.

Question 47

The Third Amendment is the least cited of any of the amendments contained in the Bill of Rights. Why?

Answer 47

The Third Amendment prohibits the quartering of troops in private residences without the owner’s consent. There are no Supreme Court cases interpreting the Third Amendment and only one minor lower court opinion, largely because the issue of quartering troops in private residences has virtually never arisen.

Prior to the American Revolution, British troops were quartered in private homes in Boston, which angered colonists.