Constitutional FAQ Answer #53 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q53. “Article III, Section 2 says: Trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but…

Constitutional FAQ Answer #52 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q52. “Could you explain what is meant by ‘but no attainder of treason shall work corruption of blood…’ as stated in Section Three?” A. It means that your offspring cannot be held accountable for your treasonable actions.…

Constitutional FAQ Answer #51 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q51. “I was wondering what things in the Constitution were actually original and what things were ‘copyrighted?’ I’m doing this for an essay. I know that a lot of things were from the Bible and from other…

Constitutional FAQ Answer #50 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q50. “I am having trouble figuring out exactly what the term ‘civil rights’ includes.” A. Civil rights are those derived from simply being a citizen. When blacks demonstrated for their civil rights, they were essentially asking to…

Constitutional FAQ Answer #5 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q5. “What do you believe are the reasons why the Constitution would not have been passed without the Bill of Rights.” A. Actually, the Constitution did pass without the Bill of Rights, as the first ten amendments…

Constitutional FAQ Answer #49 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q49. “It would seem that Amendment 13, Section 1 would outlaw the concept of the conscription of citizens into the military forces (“Neither slavery nor involuntary servitude….”) How has our government legally justified that practice (I’m sure…

Constitutional FAQ Answer #48 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q48. “Can you tell me why the ERA was not ratified?” A. The ERA was not ratified because not enough states approved it before the deadline set in the legislation, nor in the extension given it by…

Constitutional FAQ Answer #47 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q47. “Is tabloid journalism what the writers of the First Amendment really had in mind? Or is that what is meant by ‘…the free exercise thereof…,’ which I find hard to believe?” A. What the authors of…

Constitutional FAQ Answer #46 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q46. “What amendments should I look at dealing with the duties of citizens to uphold the Constitution? A. The Constitution deals with the rights of citizens, and not the responsibilities of them. I think what you’re looking…

Constitutional FAQ Answer #45 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q45. “Can you tell me how did the states get the power to decide that people had to have so much studying, etc. in order to have a license, and if they do not have this license,…

Constitutional FAQ Answer #44 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q44. “I am writing a paper in English about whether I think American citizens have the right to break the law. Does it doesn’t it say in the Constitution that a citizen must abide by the state…

Constitutional FAQ Answer #43 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q43. “Recently we took a test on the Constitution that asked a question about a suspensive veto. No one in our class, including our teacher, had ever heard of this. I was wondering if you could please…

Constitutional FAQ Answer #42 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q42. “I have to give a persuasive speech on how I think a Bible class should be offered, as an elective at public schools (or at least for them to be possible to allow). I am going…

Constitutional FAQ Answer #41 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q41. “I’m writing a paper regarding the implications of Janet Reno appointing a special prosecutor in certain instances. Does anyone know where the office of the attorney general is authorized? What are it’s specific responsibilities?” A. The…

Constitutional FAQ Answer #40 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q40. “I have heard that the U.S. constitution was written originally in German. Is there any truth to this?” A. No. |Home| |Constitution| |FAQ| |Topics| |Forums| |Documents| |Timeline| |Kids| |Vermont| |Map| |Citation| |Survey| |Support| Web site designed…

Constitutional FAQ Answer #4 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q4. “I was looking for what the Congress is prohibited from doing.” The Constitution doesn’t so much say what they can’t do as it does what they can. If you think about it, this restricts the Congress…

Constitutional FAQ Answer #39 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q39. “Can you think of a time where the 21st amendment ever played some kind of active role in today’s modern life?” A. Of course. It plays a role every single day. If you are a beer…

Constitutional FAQ Answer #38 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q38. “What does the Constitution say about Same-Sex Marriages? What does it say about Marijuana? What does it say about Prostitution?” A. Nothing, nothing, and nothing. By virtue of the fact that it says nothing about these…

Constitutional FAQ Answer #37 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> The following was sent to me as part of an email that advertised for a book about the Constitution… Q37. “Send 20 FRNs [Federal Reserve Notes, commonly but erroneously called dollars – see the Coinage Act of…

Constitutional FAQ Answer #36 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q36. “If you exercise your 5th amendment right and the court grants immunity and you still refuse to incriminate yourself you can be held in contempt and sent to jail. Locally, years ago a reputed Mafia boss…

Constitutional FAQ Answer #35 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q35. “Article I section 2 clause 3, states that each state will have one representative for every thirty thousand. This is obviously no longer true and the house is limited to 435. I can not find an…

Constitutional FAQ Answer #34 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q34. “I have been challenged to find the text of a thirteenth amendment which was proposed but not ratified. I believe it derives from the Crittenden Compromise and came about in 1860-1861.” A. In 1861, an amendment…

Constitutional FAQ Answer #33 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q33. “I am a law student from Guatemala who needs to know how many constitutions has had America since its independence. That is the question whose answer is being impossible to find.” A. Since the Declaration of…

Constitutional FAQ Answer #32 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> In follow-up to Question 31: Q32. “I didn’t find myself enlightened by the answer…. Perhaps a better way to phrase the question would be, why couldn’t an income tax be levied without the 16th amendment? I know…

Constitutional FAQ Answer #31 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q31. “How does the 16th Amendment make the Income Tax possible?” A. Quite simply, the 16th Amendment authorizes the Congress to lay and collect a tax on any income. That’s what the amendment says, and that’s what…

Constitutional FAQ Answer #30 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q30. “The wording of the Constitution gets confusing, which is understandable since it was written in the 18th century and uses legal terms that most laymen have never had cause to learn. Specifically, I can’t make heads…

Constitutional FAQ Answer #3 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q3. “Do you know of a site in which to download a ‘clean’ copy of the constitution?” A. Well, I’m not sure what you mean by a “clean” version – maybe a version with no HTML in…

Constitutional FAQ Answer #29 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q29. “I have heard somewhere that a women can’t become President of USA. Please reply to me whether it is true or not.” A. The question arises because of the use of the masculine pronouns “he” and…

Constitutional FAQ Answer #28 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q28. “What exactly does the last amendment regarding representatives and senators pay mean?” A. It basically boils down to this: The members of the House and Senate may give themselves a raise in pay if they want…

Constitutional FAQ Answer #27 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> This is part three of a three-part question pertaining to the “Nanny Trial” in Fall, 1997. Q27. “And also, what rights do Deborah and Sunil Eappen have as relatives of the victim? Could they sue Judge Zobel…

Constitutional FAQ Answer #26 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> This is part two of a three-part question pertaining to the “Nanny Trial” in Fall, 1997. Q26. “By what authority did Judge Zobel overrule the jury? The 7th amendment seems to prohibit this.” A. The key is…

Constitutional FAQ Answer #25 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> This is part one of a three-part question pertaining to the “Nanny Trial” in Fall, 1997. Q25. “As a British national, what constitutional rights, if any, is Louise Woodward entitled to?” A. This question is more one…

Constitutional FAQ Answer #24 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q24. “I am doing a debate soon on whether smoking should be banned from public buildings. I was assigned to be the affirmative side and support the ban. I was trying to think of some arguments that…

Constitutional FAQ Answer #23 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q23. “What are the conditions needed for a Constitutional Convention, and when was the last one held?” A. The Constitution itself has details about the calling of a Constitutional Convention, in Article 5. To have a Convention,…

Constitutional FAQ Answer #22 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q22. “What is habeas corpus? What does a writ of habeas corpus do?” A. Habeas corpus is a pretty tricky legal concept. Its most common practical effect in U.S. law is that no person can be jailed…

Constitutional FAQ Answer #21 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q21. “Do you know of any writers of the Constitution? If you do please tell me some and what they did for it.” A. The Constitution was written by a committee over the course of several months.…

Constitutional FAQ Answer #20 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q20. “How old must the VP be? If the VP is less than 35 and the President dies and the VP is sworn in as President, who determines if he is eligible for the office?” A. The…

Constitutional FAQ Answer #2 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q2. “[I] am trying to find out if presidential elections are held during war?” There is nothing in the Constitution that addresses this question directly, which essentially means that elections must be held as spelled out elsewhere…

Constitutional FAQ Answer #19 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q19. “In Article 2, Section one, it states that someone can be president if they ‘have been a 14 years resident within the United States.’ Also, in Article 1, Sections 2 and 3, it states the years…

Constitutional FAQ Answer #18 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q18. “I would like a short list of other countries which have used our Constitution as a blueprint for theirs.” A. I’ve read that all constitutions since ours was adopted have been influenced by ours in some…

Constitutional FAQ Answer #17 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q17. “Beyond the Bill of Rights, few Constitutional amendments have radically altered the American system of government. Slavery was actually abolished by warfare, rather than legislation. In all probability a new Supreme Court majority would have authorized…

Constitutional FAQ Answer #163 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q163. “In Article IV section 4 it states ‘The United States shall guarantee to every State in this Union a Republican Form of Government,’ however it never states what that means exactly. Could a state have a…

Constitutional FAQ Answer #162 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q162. “I was wondering if there is anywhere in the Constitution that says Congress cannot pass laws that don’t pertain to themselves. If this is some place else please let me know where to find it. I…

Constitutional FAQ Answer #161 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q161. “Your site says that the Constitution has been changed 18 times, but there are 27 amendments. What gives?” A. There are, indeed, twenty-seven amendments to the Constitution. The first ten, however, were all adopted at once.…

Constitutional FAQ Answer #160 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q160. “In some blog posts lately, I’ve heard that Hillary Clinton can’t be Secretary of State, but some other posts say she can be because of the Saxbe Fix. What’s this all about?” A. One of the…

Constitutional FAQ Answer #16 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q16. “I have been on the net for about an hour reading all I can find about informal changes which have occurred in the Constitution during the last 200 years. Which kind of change, formal or informal,…

Constitutional FAQ Answer #159 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q159. “Wikipedia says ‘The Electoral College elected Washington unanimously in 1789, and again in the 1792 election; he remains the only president to receive 100% of electoral votes.’ Yet your Electoral College pages for those years show…

Constitutional FAQ Answer #158 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q158. “If an attorney is an officer of the court — is it legal for attorneys to be members of Congress — since they would then be serving in both the judicial and legislative branches of government…

Constitutional FAQ Answer #157 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q157. “Is it necessary for new states to ratify the US Constitution in order for admission?” A. When a state applies for admission, it is presumed that the very act of application signals agreement with the Constitution…

Constitutional FAQ Answer #156 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q156. “The Constitution never says that women can’t vote. So why was the 19th Amendment necessary?” A. The problem wasn’t that the Constitution prevented women from voting itself. The problem was that the Constitution did not mandate…

Constitutional FAQ Answer #155 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q155. “Who has more power, the Congress or the President?” A. Wow, such a small question with no small answer. It is a good question, though. Constitutionally speaking, the Congress is by far the most powerful of…

Constitutional FAQ Answer #154 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q154. “I think that the citizens of the United States are under the assumption that the Federal government actually prints money, which is actually not a right that the federal government has.” A. The ability of the…

Constitutional FAQ Answer #153 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q153. “A friend of a friend is trying to convince me that the United States’ three branches of government was modelled on the Holy Trinity of Christianity. Is there any truth to this?” A. No, there is…

Constitutional FAQ Answer #152 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q152. “Why did the Convention take place in Philadelphia?” A. An excellent question. Of course, there was no Washington, D.C. at the time — that plot of land was mostly a swamp. But there were cities other…

Constitutional FAQ Answer #151 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q151. “Rudy Giuliani seems to be running for President in 2008. But in 2002, Giuliani was given an honorary knighthood by Elizabeth II. I’m wondering if this would place a restriction upon his candidacy?” A. The relevant…

Constitutional FAQ Answer #150 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q150. “There has been a lot of talk in the news lately about ‘presidential signing statements.’ What are they and where are they in the Constitution?” A. A presidential signing statement is a document that the President…

Constitutional FAQ Answer #15 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q15. “When the 26th amendment was being considered, why did the Congress settle on 18 as the minimum age? Why not 17 or 16?” A. To be sure, you’d have to check the Congressional Record to read…

Constitutional FAQ Answer #149 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q149. “What are some of the weaknesses of the Constitution?” A. Of all the questions asked about the Constitution, this is actually one of the most common — the most frequently asked. The problem with finding an…

Constitutional FAQ Answer #148 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q148. “In class today, we learned that the Constitution had to be ratified by nine state conventions. Why conventions and not votes by the people and why not by the state legislatures?” A. There are good reasons…

Constitutional FAQ Answer #147 <<Previous Question | Question Index | Subject Index | Constitutional Index | Next Question>> Q147. “I read somewhere that Moses, Jesus, and Mohammed are depicted in the Supreme Court. Is this true? Does this violate the separation of church and state?” A. There is a frieze in the Supreme Court building…