U.S. Constitution

Question 1

U.S. Constitution - The Preamble

Answer 1

The Preamble to the Constitution has no force in law; instead, it establishes the “Why” of the Constitution. Why is this document in existence? It reflects the desires of the Framers to improve on the government they currently had (to be “more perfect” than the Articles of Confederation), to ensure that that government would be just, and would protect its citizens from internal strife and from attack from the outside. It would be of benefit to the people, rather than to its detriment. And, perhaps as importantly, it intended to do the same for the future generations of Americans.

Question 2

U.S. Constitution - Article 1

Answer 2

Article 1 establishes the first of the three branches of the government, the Legislature.

Question 3

U.S. Constitution - Article 1 - Section 1

Answer 3

Section 1 establishes the name of the Legislature to be The Congress, a bicameral, or two-part, body.

Question 4

U.S. Constitution - Article 1 - Section 2

Answer 4

Section 2 defines the House of Representatives, known as the lower house of Congress. It establishes a few minimum requirements, like a 25-year-old age limit, and establishes that the people themselves will elect the members for two years each. The members of the House are divided among the states proportionally, or according to size, giving more populous states more representatives in the House. The leader of the House is the Speaker of the House, chosen by the members.

Question 5

U.S. Constitution - Article 1 - Section 3

Answer 5

Section 3 defines the upper house of Congress, the Senate. Again, it establishes some minimum requirements, such as a 30-year-old age limit. Senators were originally appointed by the legislatures of the individual states, though this later changed with the 17th Amendment. They serve for six years each. Each state has equal suffrage in the Senate, meaning that each state has the exact same number of Senators, two each, regardless of the population. This Section introduces the Vice-President, who is the leader of the Senate (called the President of the Senate); the Vice-President does not vote unless there is a tie.

Question 6

U.S. Constitution - Article 1 - Section 4

Answer 6

Section 4 says that each state may establish its own methods for electing members of the Congress and mandates that Congress must meet at least once per year.

Question 7

U.S. Constitution - Article 1 - Section 5

Answer 7

Section 5 says that Congress must have a minimum number of members present in order to meet and that it may set fines for members who do not show up. It says that members may be expelled, that each house must keep a journal to record proceedings and votes, and that neither house can adjourn without the permission of the other.

Question 8

U.S. Constitution - Article 1 - Section 6

Answer 8

Section 6 establishes that members of Congress will be paid, that they cannot be detained while traveling to and from Congress, that they cannot hold any other office in the government while in the Congress.

Question 9

U.S. Constitution - Ineligibility Clause

Answer 9

The ineligibility clause puts a limitation on the employment of members of Congress, and the employees of the executive branch, from serving or holding other office of Congress. This clause expressly bars senators or representatives from being appointed to any civil office under the authority of the U.S. The purpose of the clause is twofold: (1) To protect separation of powers; (2) To prevent Congress from conspiring to create offices or increase federal officials’ salaries with the expectation that members of Congress would later be appointed to these posts. (U.S. Constitution - Article 1 - Section 6)

Question 10

U.S. Constitution - Article 1 - Section 7

Answer 10

Section 7 details how bills become law. First, any bill for raising money (such as by taxes or fees) must start out in the House. All bills must pass both houses of Congress in the exact same form. Bills that pass both houses are sent to the President. He can either sign the bill, in which case it becomes law, or he can veto it. In the case of a veto, the bill is sent back to Congress, and if both houses pass it by a two-thirds majority, the bill becomes law over the President’s veto. This is known as overriding a veto.

There are a couple more options for the President. First, if he neither vetoes a bill nor signs it, it becomes a law without his signature after 10 days. The second option is called a pocket veto. It occurs if Congress sends the bill to the President and they then adjourn. If the President does not sign the bill within 10 days, it does not become law.

Question 11

U.S. Constitution - Article 1 - Section 8

Answer 11

Section 8 lists specific powers of Congress, including the power to establish and maintain an army and navy, to establish post offices, to create courts, to regulate commerce between the states, to declare war, and to raise money. It also includes a clause known as the Elastic Clause (or Necessary and Proper Clause) which allows it to pass any law necessary for the carrying out of the previously listed powers.

Question 12

U.S. Constitution - Elastic Clause or Necessary and Proper Clause.

Answer 12

Allows congress to pass any law necessary for the carrying out of specific powers listed in Article 1 - Section 8, including the power to establish and maintain an army and navy, to establish post offices, to create courts, to regulate commerce between the states, to declare war, and to raise money. (U.S. Constitution - Article 1 - Section 8)

Question 13

U.S. Constitution - Article 1 - Section 9

Answer 13

Section 9 places certain limits on Congress. Certain legal items, such as suspension of habeas corpus, bills of attainder, and ex post facto laws are prohibited. No law can give preference to one state over another; no money can be taken from the treasury except by duly passed law, and no title of nobility, such as Prince or Marquis, will ever be established by the government.

Question 14

U.S. Constitution - habeas corpus

Answer 14

A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention. - The legal right to apply for a habeas corpus. U.S. (Constitution - Article 1 - Section 9)

Question 15

U.S. Constitution - Bill of Attainder

Answer 15

When a government convicts someone to death without holding a trial first, it’s done with a law known as a bill of attainder. This kind of legislation is not allowed under the rules of the US Constitution. (U.S. Constitution - Article 1 - Section 9)

Question 16

U.S. Constitution - Ex Post Facto Law

Answer 16

Ex post facto law, law that retroactively makes criminal conduct that was not criminal when performed, increases the punishment for crimes already committed, or changes the rules of procedure in force at the time an alleged crime was committed in a way substantially disadvantageous to the accused. (U.S. Constitution - Article 1 - Section 9)

Question 17

U.S. Constitution - Article 1 - Section 10

Answer 17

Section 10 prohibits the states from several things. They cannot make their own money, or declare war, or do most of the other things prohibited Congress in Section 9. They cannot tax goods from other states, nor can they have navies.

Question 18

U.S. Constitution - Article 2

Answer 18

Article 2 establishes the second of the three branches of government, the Executive.

Question 19

U.S. Constitution - Article 2 - Section 1

Answer 19

Section 1 establishes the office of the President and the Vice-President, and sets their terms to be four years. Presidents are elected by the Electoral College, whereby each state has one vote for each member that is represented in Congress. Originally, the President was the person with the most votes and the Vice-President was the person with the second most, though this was later changed with the 12th Amendment. Certain minimum requirements are established again, such as a 35-year minimum age. Presidents must also be a natural-born citizen of the United States. The President is to be paid a salary, which cannot change, up or down, as long as he in is office.

Question 20

U.S. Constitution - Article 2 - Section 2

Answer 20

Section 2 has three different clauses that talk about the powers given to the President. Clause 1: The President of the United States is the commander-in-chief of the military. This clause also creates a Cabinet of senior executive officers who assist the President in his duties. Clause 2: This clause is called the Advice and Consent clause, which means that the President can use his powers only by getting help and approval of the United States Congress. Clause 3: The President has the power to appoint officers during recesses of the court, but these appointments expire once the next session of the Senate begins.

Question 21

U.S. Constitution - Article 2 - Section 3

Answer 21

Section 3 establishes the duties of the President: to give a state of the union address, to make suggestions to Congress, to act as head of state by receiving ambassadors and other heads of state, and to be sure the laws of the United States are carried out.

Question 22

U.S. Constitution - Article 2 - Section 4

Answer 22

Section 4 briefly discusses the removal of the President, called impeachment: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” The interpretation of what this means is dependent on Common Law.

Question 23

U.S. Constitution - Article 3

Answer 23

Article 3 establishes the last of the three branches of government, the Judiciary.

Question 24

U.S. Constitution - Article 3 - Section 1

Answer 24

Section 1 establishes the Supreme Court, the highest court in the United States. It also sets the terms of judges, of both the Supreme Court and lower courts: that they serve as long as they are on “good behavior”, which usually means for life (no Justice and only a few judges have ever been impeached). It also requires that judges shall be paid.

Question 25

U.S. Constitution - Article 3 - Section 2

Answer 25

Section 2 sets the kinds of cases that may be heard by the federal judiciary, which cases the Supreme Court may hear first, called ‘original jurisdiction’. Original jurisdiction cases involve suits between states as parties, usually over territorial or water rights disputes. All other cases that do not fall under original jurisdiction are first heard by appellate courts. It also guarantees trial by jury in criminal court.

Question 26

U.S. Constitution - Article 3 - Section 3

Answer 26

Section 3 specifically identifies what constitutes treason against the United States and, importantly, limits the offense of treason to only two types of conduct: (1) “levying war” against the United States; or (2) “adhering to [the] enemies [of the United States], giving them aid and comfort.”

Question 27

U.S. Constitution - Article 4

Answer 27

Article 4 concerns the states.

Question 28

U.S. Constitution - Article 4 - Section 1

Answer 28

Section 1 - Full Faith and Credit Clause - Mandates that all states will honor the laws of all other states; this ensures, for example, that a couple married in Florida is also considered married by Arizona, or that someone convicted of a crime in Virginia is considered guilty by Wyoming.

Question 29

U.S. Constitution - Full Faith and Credit Clause

Answer 29

Full Faith and Credit Clause - Mandates that all states will honor the laws of all other states; this ensures, for example, that a couple married in Florida is also considered married by Arizona, or that someone convicted of a crime in Virginia is considered guilty by Wyoming. (U.S. Constitution - Article 4 - Section 1)

Question 30

U.S. Constitution - Article 4 - Section 2

Answer 30

Section 2 - Privileges and Immunities Clause - Guarantees that citizens of one state be treated equally and fairly like all citizens of another. Extradition Clause - Says that if a person accused of a crime in one state flees to another, they will be returned to the state they fled from. Fugitive Slave Clause - Deals with fugitive slaves, but no longer applies.

Question 31

U.S. Constitution - Privileges and Immunities Clause

Answer 31

Privileges and Immunities Clause - Guarantees that citizens of one state be treated equally and fairly like all citizens of another. (U.S. Constitution - Article 4 - Section 2)

Question 32

U.S. Constitution - Extradition Clause

Answer 32

Extradition Clause - Says that if a person accused of a crime in one state flees to another, they will be returned to the state they fled from. (U.S. Constitution - Article 4 - Section 2)

Question 33

U.S. Constitution - Fugitive Slave Clause

Answer 33

Fugitive Slave Clause - Deals with fugitive slaves, but no longer applies. (U.S. Constitution - Article 4 - Section 2)

Question 34

U.S. Constitution - Article 4 - Section 3

Answer 34

Section 3 - Admissions Clause - Concerns the admittance of new states and the - Property or Territorial Clause - Control of federal lands.

Question 35

U.S. Constitution - Admissions Clause

Answer 35

Admissions Clause - Grants to Congress the authority to admit new states into the Union. It also forbids the creation of new states from parts of existing states without the consent of the affected states and Congress. With the growth of states’ rights advocacy during the antebellum period, the Supreme Court asserted, in Lessee of Pollard v. Hagan (1845), that the Constitution mandated admission of new states on the basis of equality. The constitution is silent on the question of whether or not a state may unilaterally leave, or secede from, the Union. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. (U.S. Constitution - Article 4 - Section 3)

Question 36

U.S. Constitution - Property or Territorial Clause

Answer 36

Property or Territorial Clause - Grants Congress the constitutional authority for the management and control of all territories or other property owned by United States. Additionally, the clause also proclaims that nothing contained within the Constitution may be interpreted to harm (prejudice) any claim of the United States, or of any particular State. The exact scope of this clause has long been a matter of debate. (U.S. Constitution - Article 4 - Section 3)

Question 37

U.S. Constitution - Article 4 - Section 4

Answer 37

Section 4 - Republican Government Clause - Ensures a republican form of government, which, in this case, is synonymous with ‘representative democracy’, and both of which are opposed to a monarchical or aristocratic scheme - the state derives its power from the people, not from a king or gentry. Protection from Invasion and Domestic Violence Clause - Guarantees that the federal government will protect the states against invasion and insurrection.

Question 38

U.S. Constitution - Republican Government Clause

Answer 38

Republican Government Clause - Ensures a republican form of government, which, in this case, is synonymous with ‘representative democracy’, and both of which are opposed to a monarchical or aristocratic scheme - the state derives its power from the people, not from a king or gentry. (U.S. Constitution - Article 4 - Section 4)

Question 39

U.S. Constitution - Protection from Invasion and Domestic Violence Clause

Answer 39

Protection from Invasion and Domestic Violence Clause - Guarantees that the federal government will protect the states against invasion and insurrection. (U.S. Constitution - Article 4 - Section 4)

Question 40

U.S. Constitution - Article 5

Answer 40

Article 5 details the method of amending, or changing, the Constitution.

Question 40

U.S. Constitution - Article 6

Answer 40

Article 6 concerns the United States itself. First, it guarantees that the United States under the Constitution would assume all debts and contracts entered into by the United States under the Articles of Confederation. It sets the Constitution and all laws and treaties of the United States to be the supreme law of the country (Supremacy Clause - Clause 2). Finally, it requires all officers of the United States and of the states to swear an oath of allegiance to the United States and the Constitution when taking office.

Question 42

U.S. Constitution - Supremacy Clause

Answer 42

The Constitution and all laws and treaties of the United States are the supreme law of the land. (U.S. Constitution - Article 6 - Clause 2)

Question 43

U.S. Constitution - Article 7

Answer 43

Article 7 details the method for ratification, or acceptance, of the Constitution: of the original 13 states in the United States, nine had to accept the Constitution before it would officially go into effect.