Constitutional FAQ (Subject Order) Advertisement The U.S. Constitution On-Line has been online in one form or another since 1995. In that time, I have have had a lot of questions asked of me about the Constitution. This page, and the ones it links to, are a compilation of the best of those questions. This page…

Constitutional FAQ Answer #99 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q99. “How many electors are there in total?” A. Article 2, Section 1, Clause 2 provides that “Each State shall appoint … a Number of Electors, equal to the whole Number of Senators and Representatives to which…

Constitutional FAQ Answer #98 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q98. “The Constitution proscribes an ‘enumeration’ every ten years in a manner proscribed by law, but no more. Aside from telling how many persons in my household, the rest of the questions appear ‘unconstitutional’ and I shouldn’t…

Constitutional FAQ Answer #97 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q97. “How many members of Congress are there?” A. There are 100 Senators and 435 Representatives, so there are 535 members of Congress. The House has several non-voting members that are not included in the count (see…

Constitutional FAQ Answer #96 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q96. “What government body elects the President?” A. The Electoral College votes for the President and Vice President. Whichever person gets the most votes for President becomes President, and whichever person gets the most votes for Vice-…

Constitutional FAQ Answer #95 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q95. “Why has the Constitution endured the last two hundred years when many other countries’ don’t?” A. There are lots of reasons, not the least of which being that the Constitution established a government that has served…

Constitutional FAQ Answer #94 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q94. “I searched your site and can’t find out when inauguration day is!” A. Inauguration Day is set in the 20th Amendment. For President and Vice President, the term ends, and the next term begins, on January…

Constitutional FAQ Answer #93 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q93. “How is the Constitution a living document?” A. The Constitution has been termed a “Living Document,” but whether you think it is, or rather should be, depends on your interpretation of the Constitution itself. Through out…

Constitutional FAQ Answer #92 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q92. “President Clinton has been accused of selling nuclear technology to China — how can we get him convicted of treason?” A. First, it is interesting to note that treason is the only crime that is defined…

Constitutional FAQ Answer #91 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q91. “I have a history class and the teacher will give us extra credit if we can go to class tonight with the answer to this question… Technically, the U.S. Constitution is an illegal document… Why?” A.…

Constitutional FAQ Answer #90 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q90. “How many words are there in the Constitution? How many are in the Declaration of Independence?” A. There are 4543 words in the original, unamended Constitution, including the signatures. The Declaration has 1458 words. |Home| |Constitution|…

Constitutional FAQ Answer #9 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q9. “I know the order of power in the event of the death of the president is the V.P., then the speaker of the house. Where does it go from here?” A. The Constitution actually only provides…

Constitutional FAQ Answer #89 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q89. “If a President has civil litigation brought against him during his term in office must this be handled while he is in office? Or, can it be deferred until his term expires?” A. A civil case…

Constitutional FAQ Answer #88 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q88. “Can a sitting President be convicted of a criminal offense? Or, must he be impeached first, then tried?” A. There is no easy answer to the question, as it is a matter of interpretation. I think…

Constitutional FAQ Answer #87 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q87. “How long did it take to write the original Constitution?” A. The question is not as straight forward as it might sound. The Constitutional Convention made many drafts and many revisions to the Constitution. Better, perhaps,…

Constitutional FAQ Answer #86 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q86. “How much power does the VP have in the Senate? I understand he is the President of the Senate and can cast a vote only in the event of a tie.” A. The Vice President is…

Constitutional FAQ Answer #85 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q85. “List the founding fathers who signed the Declaration of Independence and Constitution.” A. George Clymer, Benjamin Franklin, Robert Morris, George Read, Roger Sherman, James Wilson. Q. “List the founding fathers who signed the Declaration of Independence…

Constitutional FAQ Answer #84 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q84. “Who was the person who actually wrote the words of the Constitution onto paper?” A. Jacob Shallus, an assistant clerk of the Pennsylvania State Assembly, was paid $30 to transcribe the final draft of the Constitution.…

Constitutional FAQ Answer #83 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q83. “If Clinton is impeached – does Gore have to resign? Who else would be included? Who would become President?” A. If the President is convicted in an impeachment trial, the President is the only person who…

Constitutional FAQ Answer #82 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q82. “To whom is the president required to tender his resignation? I think it is the Chief Justice but can’t find out for sure.” A. This is not part of the Constitution, but of the U.S. Code…

Constitutional FAQ Answer #81 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q81. “In current usage, both the President and Vice President are elected on the same ballot. Does the Constitution as currently amended allow for these executives to be from differing parties?” A. The Constitution neither prohibits nor…

Constitutional FAQ Answer #80 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q80. “What was the criteria set by the framers of the Constitution for citizenship and the right to vote?” A. There is no explicit definition of citizenship in the Constitution. See the Citizenship Page for more information.…

Constitutional FAQ Answer #8 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q8. “I desperately need information on what the constitution may or not say about capital punishment, and the use of it.” A. The Constitution does not address the subject directly. The 5th Amendment says: No person shall…

Constitutional FAQ Answer #79 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q79. “Does perjury fall into the category ‘high crimes and misdemeanors?’ i.e. could the president be impeached for lying to the Supreme Court?” The definition of high crimes and misdemeanors is not supplied specifically by the Constitution.…

Constitutional FAQ Answer #78 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q78. “Can a president serve two consecutive terms, sit out a term and then be re-elected.” A. The first phrase in the 22nd Amendment is pretty clear: “No person shall be elected to the office of the…

Constitutional FAQ Answer #77 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q77. “Is it unconstitutional for an organization such as the NCAA to deny athletes the right to obtain a job, or put a limit on the amount of money that a person can make? Does the 14th…

Constitutional FAQ Answer #76 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q76. “Is the United States a constitutional republic? Is one of the purposes of a constitutional republic to protect the rights of minorities from the tyranny of the majority?” A. The United States is a federal republic…

Constitutional FAQ Answer #75 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q75. “In the presidential election of 1800, Aaron Burr and Thomas Jefferson received the same number of votes in the electoral college. Congress chose Jefferson as President and Aaron Burr as Vice President using Article 2 Section…

Constitutional FAQ Answer #74 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q74. “The wording of the 12th amendment implies that the election of the Vice President is completely separate from that of the President. Should we not be able to vote for our choice of Vice President regardless…

Constitutional FAQ Answer #73 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q73. “Where are the requirements for the right to vote spelled out? Specifically if you were dishonorable discharged from the military, are you ineligible to vote for president?” A. It depends on your state — a state…

Constitutional FAQ Answer #72 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q72. “What is the process for replacing the Vice President if the President leaves office permanently, and not temporarily as with an illness, etc.?” A. The President appoints a new Vice President on vacancy of that office,…

Constitutional FAQ Answer #71 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q71. “I cannot find anywhere in the Constitution that refers to separation of church and state.” A. Though many people assume the 1st Amendment sets out some separation, the phrase does not appear in the Constitution. The…

Constitutional FAQ Answer #70 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q70. “Can a President, after serving his/her term, run for Congress or the Senate?” A. There’s nothing that says you cannot. I think such a thing would have been more likely earlier in U.S. history – presidents…

Constitutional FAQ Answer #7 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q7. “Do you know the Author of the Preamble of the Constitution and how it was received by the delegates?” A. The entire Constitution was written over the course of about six weeks in draft form. At…

Constitutional FAQ Answer #69 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q69. “Is there a designated holiday honoring the Constitution?” A. Yes – September 17, the anniversary of its signing. |Home| |Constitution| |FAQ| |Topics| |Forums| |Documents| |Timeline| |Kids| |Vermont| |Map| |Citation| |Survey| |Support| Web site designed and maintained…

Constitutional FAQ Answer #68 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q68. “The amendment which abolishes slavery seems to say that slavery is abolished except for those convicted of crimes… Is that still true?” A. The 13th Amendment does not permit prisoners to be sold off as slaves…

Constitutional FAQ Answer #67 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q67. “Is there anything in the U.S. Constitution that guarantees its citizens an education? My uncle is being forced to pay for summer school for his children by the NYC Board of Education. Unless he pays, my…

Constitutional FAQ Answer #66 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q66. “If the President dies and then the Vice President takes over and dies too, who takes over then?” The Vice President. One of the VP‘s first acts as a new President would likely be the appointment…

Constitutional FAQ Answer #65 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q65. “Where in the Constitution does it mention states’ right to secede from the union?” A. The Constitution does not permit a state to secede once it is a part of the Union. However, it does not…

Constitutional FAQ Answer #64 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q64. “Is there any place I could find information on the electoral process?” A. The electoral process, at least for presidential elections, is spelled out in the Constitution in Article 2, Section 1 and the 12th Amendment.…

Constitutional FAQ Answer #63 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q63. “Can the Federal Government actually own land, i.e the public lands which are managed by the various agencies, such as U.S. Forest Service and Bureau of Land Management?” A. Article 4, Section 3, allows Congress to…

Constitutional FAQ Answer #62 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q62. “I have a friend that told me that I have a constitutional right to travel in this country. He stated that to tax that right with driver’s license fees, motor registration, license plate fees and a…

Constitutional FAQ Answer #61 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q61. “How we can account for the fact that the U.S. Constitution has been amended only 27 times in the past 200 years? Do you have any feed back on this?” A. Actually, since it was written…

Constitutional FAQ Answer #60 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q60. “Where may I find additional information on the evolution of Article 1 — Section 8 (Powers of Congress)…and specifically, ‘To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights…

Constitutional FAQ Answer #6 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q6. “During class today, we were discussing Amendment 15. Is it true that it will expire in the year 2008?” A. There is no expiration date on the 15th Amendment. Don’t worry, the right of citizens to…

Constitutional FAQ Answer #59 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q59. “I need help looking for where the Constitution implies slavery. I looked at Article 1, Section 9, Clause 1 of the Constitution. I need another example of the implied use of slavery.” A. When the Constitution…

Constitutional FAQ Answer #58 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q58. “I would like to know what the President can and cannot accomplish via an Executive Order. If Congress has NOT passed laws that mandate certain Administration policies which means that those policies are merely the result…

Constitutional FAQ Answer #57 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q57. “I am in the middle of a raging argument about amendments. Can a ratified amendment ever be ‘unconstitutional’?” A. No, with one current exception. By its very definition, an amendment is a part of the Constitution,…

Constitutional FAQ Answer #56 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q56. “Is the Preamble to the Constitution considered law?” A. No. In that it grants no power, nor restricts anyone. It only provides context for the original version. |Home| |Constitution| |FAQ| |Topics| |Forums| |Documents| |Timeline| |Kids| |Vermont|…

Constitutional FAQ Answer #55 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q55. “I read that New Hampshire became the 9th state to adopt an approval resolution on June 21, 1788 but that the Constitution was not ratified until two years later. Why? And, what was the specific date…

Constitutional FAQ Answer #54 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q54. “Where is the Constitution housed?” A. It is housed in the National Archives in Washington. All four pages of the Constitution are available for public viewing along with the Declaration of Independence and Bill of Rights.…