America's Founding Documents
Constitution questions and answers
By sol bloom.
Q. How were deputies to the Constitutional Convention chosen? A. They were appointed by the legislatures of the different States.
Q. Were there any restrictions as to the number of deputies a State might send? A. No.
Q. Which State did not send deputies to the Constitutional Convention? A. Rhode Island and Providence Plantations.
Q. Were the other twelve States represented throughout the Constitutional Convention? A. No. Two of the deputies from New York left on July 10, 1787, and after that Hamilton, the third deputy, when he was in attendance did not attempt to cast the vote of his State. The New Hampshire deputies did not arrive until July 23, 1787; so that there never was a vote of more than eleven States.
Q. Where and when did the deputies to the Constitutional Convention assemble? A. In Philadelphia, in the State House where the Declaration of Independence was signed. The meeting was called for May 14, 1787, but a quorum was not present until May 25.
Q. About how large was the population of Philadelphia? A. The census of 1790 gave it 28,000; including its suburbs, about 42,000.
Q. What was the average age of the deputies to the Constitutional Convention? A. About 44.
Q. Who were the oldest and youngest members of the Constitutional Convention? A. Benjamin Franklin, of Pennsylvania, then 81; and Jonathan Dayton, of New Jersey, 26.
Q. How many lawyers were members of the Constitutional Convention? A. There were probably 34, out of 55, who had at least made a study of the law.
Q. From what classes of society were the members of the Constitutional Convention drawn? A. In addition to the lawyers, there were soldiers, planters, educators, ministers, physicians, financiers, and merchants.
Q. How many members of the Constitutional Convention had been members of the Continental Congress? A. Forty, and two others were later members.
Q. Were there any members of the Constitutional Convention who never attended any of its meetings? A. There were nineteen who were never present. Some of these declined, others merely neglected the duty.
Q. Were the members of the Constitutional Convention called "delegates" or "deputies," and is there any distinction between the terms? A. Some of the States called their representatives "delegates"; some, "deputies"; and some, "commissioners," the terms being often mixed. In the Convention itself they were always referred to as "deputies." Washington, for example, signed his name as "deputy from Virginia." The point is simply that whatever they called themselves, they were representatives of their States. The general practice of historians is to describe them as "delegates."
Q. Who was called the "Sage of the Constitutional Convention"? A. Benjamin Franklin, of Pennsylvania.
Q. Who was called the "Father of the Constitution"? A. James Madison, of Virginia, because in point of erudition and actual contributions to the formation of the Constitution he was preeminent.
Q. Was Thomas Jefferson a member of the Constitutional Convention? A. No. Jefferson was American Minister to France at the time of the Constitutional Convention.
Q. What did Thomas Jefferson have to do with framing the Constitution? A. Although absent from the Constitutional Convention and during the period of ratification, Jefferson rendered no inconsiderable service to the cause of Constitutional Government, for it was partly through his insistence that the Bill of Rights, consisting of the first ten amendments, was adopted.
Q. Who presided over the Constitutional Convention? A. George Washington, chosen unanimously.
Q. How long did it take to frame the Constitution? A. It was drafted in fewer than one hundred working days.
Q. How much was paid for the journal kept by Madison during the Constitutional Convention? A. President Jackson secured from Congress in 1837 an appropriation of $30,000 with which to buy Madison's journal and other papers left by him.
Q. Was there harmony in the Convention? A. Serious conflicts arose at the outset, especially between those representing the small and large States.
Q. Who presented the Virginia Plan? A. Edmund Randolph.
Q. What was the Connecticut Compromise? A. This was the first great compromise of the Constitutional Convention, whereby it was agreed that in the Senate each State should have two members, and that in the House the number of Representatives was to be based upon population. Thus the rights of the small States were safeguarded, and the majority of the population was to be fairly represented.
Q. Who actually wrote the Constitution? A. In none of the relatively meager records of the Constitutional Convention is the literary authorship of any part of the Constitution definitely established. The deputies debated proposed plans until, on July 24, 1787, substantial agreement having been reached, a Committee of Detail was appointed, consisting of John Rutledge, of South Carolina; Edmund Randolph, of Virginia; Nathaniel Gorham, of Massachusetts; Oliver Ellsworth, of Connecticut; and James Wilson, of Pennsylvania, who on August 6 reported a draft which included a Preamble and twenty-three articles, embodying fifty-seven sections. Debate continued until September 8, when a new Committee of Style was named to revise the draft. This committee included William Samuel Johnson, of Connecticut; Alexander Hamilton, of New York; Gouverneur Morris, of Pennsylvania; James Madison, of Virginia; and Rufus King, of Massachusetts, and they reported the draft in approximately its final shape on September 12. The actual literary form is believed to be largely that of Morris, and the chief testimony for this is in the letters and papers of Madison, and Morris's claim. However, the document in reality was built slowly and laboriously, with not a piece of material included until it has been shaped and approved. The preamble was written by the Committee of Style.
Q. Who was the penman who, after the text of the Constitution had been agreed on, engrossed it prior to the signing? A. Jacob Shallus who, at the time, was assistant clerk of the Pennsylvania State Assembly, and whose office was in the same building in which the Convention was held.
Q. Does his name appear on the document or in any of the papers pertaining to its preparation? A. No. In the financial memoranda there is an entry of $30 for "clerks employed to transcribe & engross."
Q. When and how was the identity of the engrosser determined? A. In 1937, on the occasion of the 150th anniversary of the Constitution. His identity was determined after a long and careful search of collateral public documents, and is here disclosed for the first time.
Q. Where did Shallus do the engrossing? A. There is no record of this, but probably in Independence Hall.
Q. Did he realize the importance of the work he had done? A. Probably not; when he died, in 1796, the Constitution had not yet come to be the firmly established set of governmental principles it since has become.
Q. Did some of the deputies to the Constitutional Convention refuse to sign the Constitution? A. Only thirty-nine signed. Fourteen deputies had departed for their homes, and three--Randolph and Mason, of Virginia, and Gerry, of Massachusetts--refused to sign. One of the signatures is that of an absent deputy, John Dickinson, of Delaware, added at his request by George Read, who also was from Delaware.
Q. How can it be said that the signing of the Constitution was unanimous, when the deputies of only twelve States signed and some delegates refused to sign? A. The signatures attest the "Unanimous Consent of the States present." The voting was by States, and the vote of each State that of a majority of its deputies. Hamilton signed this attestation for New York, though as he was the only deputy of the State present he had not been able to cast the vote of his State for the consent, only eleven States voting on the final question. There is an even greater discrepancy about the Signers of the Declaration of Independence. Some seven or eight members present on July 4 never signed; seven Signers, including Richard Henry Lee, of Virginia, who proposed the resolution of independence, were not present on the day; and eight other Signers were not members of Congress until after July 4.
Q. Did George Washington sign the Declaration of Independence? A. No. He had been appointed Commander-in-Chief of the Continental Army more than a year before and was at the time with the army in New York City.
Q. What are the exact measurements of the originals of the Declaration of Independence and of the Constitution of the United States? A. The Declaration of Independence: 29 7/8 in. by 24 7/16 in.; The Constitution: four sheets, approximately 28 3/4 in. by 23 5/8 in. each.
Q. How many words are there in the texts in the present volume, and how long does it take to read them? A. The Constitution has 4,543 words, including the signatures but not the certificate on the interlineations; and takes about half an hour to read. The Declaration of Independence has 1,458 words, with the signatures, and takes about ten minutes to read. The Farewell Address has 7,641 words and requires forty-five minutes to read.
Q. What party names were given to those who favored ratification and to those who opposed it? A. Those who favored ratification were called Federalists; those who opposed, Antifederalists.
Q. In ratifying the Constitution, did the people vote directly? A. No. Ratification was by special State conventions (Art. VII).
Q. The vote of how many States was necessary to ratify the Constitution? A. Nine (Art. VII).
Q. In what order did the States ratify the Constitution? A. In the following order: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, and New York. After Washington had been inaugurated, North Carolina and Rhode Island ratified.
Q. After the Constitution was submitted for ratification, where did the greatest contests occur? A. In Massachusetts, Virginia, and New York.
Q. In each instance what was the vote? A. New York ratified the Constitution by a majority of three votes 30 to 27; Massachusetts by 187 to 168; and Virginia by 89 to 79.
Q. In the course of ratification, how many amendments were offered by the State conventions? A. Seventy-eight; exclusive of Rhode Island's twenty-one, and those demanded by the first convention in North Carolina. There were many others offered which were considered necessary as items of a Bill of Rights. Professor Ames gives 124 as the whole number, inclusive of those of Rhode Island and North Carolina and the Bills of Rights. Various of these covered the same topics.
Q. When did the United States government go into operation under the Constitution? A. The Constitution became binding upon nine States by the ratification of the ninth State, New Hampshire, June 21, 1788. Notice of this ratification was received by Congress on July 2, 1788. On September 13, 1788, Congress adopted a resolution declaring that electors should be appointed in the ratifying States on the first Wednesday in January, 1789; that the electors vote for President on the first Wednesday in February, 1789; and that "the first Wednesday in March next [March 4, 1789] be the time and the present seat of Congress the place for commencing proceedings under the said constitution." The Convention had also suggested "that after such Publication the Electors should be appointed, and the Senators and Representatives elected." The Constitution left with the States the control over the election of congressmen, and Congress said nothing about this in its resolution; but the States proceeded to provide for it as well as for the appointment of electors. On March 3, 1789, the old Confederation went out of existence and on March 4 the new government of the United States began legally to function, according to a decision of the Supreme Court of the United States (Owings v. Speed, 5 Wheat. 420); however, it had no practical existence until April 6, when first the presence of quorums in both Houses permitted organization of Congress. On April 30, 1789, George Washington was inaugurated as President of the United States, so on that date the executive branch of the government under the Constitution became operative. But it was not until February 2, 1790, that the Supreme Court, as head of the third branch of the government, organized and, held its first session; so that is the date when our government under the Constitution became fully operative.
Q. Did Washington receive the unanimous vote of the electors in his first election as President? A. Yes, of all who voted. Four, two in Virginia and two in Maryland, did not vote; and the eight votes to which New York was entitled were not cast because the legislature could come to no agreement upon how the electors should be appointed. There should have been 81 votes; he received 69.
Q. How did the first inauguration proceed? A. The Senate Journal narrates it as follows: "The House of Representatives, preceded by their Speaker, came into the Senate Chamber, and took the seats assigned them; and the joint Committee, preceded by their Chairman, agreeably to order, introduced the President of the United States to the Senate Chamber, where he was received by the Vice President, who conducted him to the Chair; when the Vice President informed him, that 'The Senate and House of Representatives were ready to attend him to take the oath required by the Constitution, and that it would be administered by the Chancellor of the State of New-York'--To which the President replied, he was ready to proceed:--and being attended to the gallery in front of the Senate Chamber, by the Vice President and Senators, the Speaker and Representatives, and the other public characters present, the oath was administered.--After which the Chancellor proclaimed, 'Long live George Washington, President of the United States.' The President having returned to his seat, after a short pause, arose and addressed the Senate and House of Representatives . . . The President, the Vice President, the Senate and House of Representatives, &c. then proceeded to St. Paul's Chapel, where divine service was performed by the Chaplain of Congress, after which the President was conducted to his house, by the Committee appointed for that purpose."
Q. Was Adams sworn in as Vice President before Washington took the oath of office as President? A. No. Neither the Vice President nor any Senators took the oath of office until June 3. The first act of Congress, June 1, provided for the oath. In the House the Speaker and members present on April 8 had taken an oath provided for by a resolve on April 6 of that House, and the act of June 1 recognized that oath as sufficient for those who had taken it.
Q. What cities have been capitals of the United States government? A. The Continental Congress sat at Philadelphia, 1774-76, 1777, 1778-83; Baltimore, 1776-77; Lancaster, 1777; York, 1777-78; Princeton, 1783; Annapolis, 1783-84; Trenton, 1784; and New York, 1785-89. The first capital under the Constitution of the United States was in New York, but in 1790 it was moved to Philadelphia. Here it was continued until 1800, when the permanent capital, Washington, in the new District of Columbia, was occupied.
Q. How was the manner of address of the President of the United States decided? A. Both Houses of Congress appointed committees to consider the proper title to give the President, but they could not agree. The Senate wished it to be "His Highness the President of the United States of America and Protector of their Liberties." The House considered this as too monarchical, and on May 5 addressed its reply to the inaugural speech merely to "The President of the United States." The Senate on May 14 agreed to this simple form.
Q. What is meant by the term "constitution"? A. A constitution embodies the fundamental principles of a government. Our constitution, adopted by the sovereign power, is amendable by that power only. To the constitution all laws, executive actions, and, judicial decisions must conform, as it is the creator of the powers exercised by the departments of government.
Q. Why has our Constitution been classed as "rigid"? A. The term "rigid" is used in opposition to "flexible" because the provisions are in a written document which cannot be legally changed with the same ease and in the same manner as ordinary laws. The British Constitution, which is unwritten, can, on the other hand, be changed overnight by act of Parliament.
Q. What was W. E. Gladstone's famous remark about the Constitution? A. It was as follows: "As the British Constitution is the most subtle organism which has proceeded from the womb and long gestation of progressive history, so the American Constitution is, so far as I can see, the most wonderful work ever struck off at a given time by the brain and purpose of man."
Q. What is the source of the philosophy found in the Constitution? A. The book which had the greatest influence upon the members of the Constitutional Convention was Montesquieu's Spirit of Laws, which first appeared in 1748. The great French philosopher had, however, in turn borrowed much of his doctrine from the Englishman John Locke, with whose writings various members of the Convention were also familiar.
Q. Are there original ideas of government in the Constitution? A. Yes; but its main origins lie in centuries of experience in government, the lessons of which were brought over from England and further developed through the practices of over a century and a half in the colonies and early State governments, and in the struggles of the Continental Congress. Its roots are deep in the past; and its endurance and the obedience and respect it has won are mainly the result of the slow growth of its principles from before the days of Magna Carta.
Q. In what language was Magna Carta written, and to whom was it addressed? A. It was written in Latin and was addressed "To the archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, reeves, ministers, and to all bailiffs, and faithful subjects."
Q. What part of the world was first called America? A. The name "America" was first applied to Central Brazil, in honor of Amerigo Vespucci, who claimed its discovery. It was first applied to the whole known western world by Mercator, the geographer, in 1538.
Q. When did the phrase, "The United States of America," originate? A. The first known use of the formal term "United States of America" was in the Declaration of Independence. Thomas Paine, in February, 1776, had written of "Free and independent States of America." The terms "United Colonies," "United Colonies of America," "United Colonies of North America," and also "States," were used in 1775 and 1776.
Q. What state papers should be considered in connecting the Constitution of the United States with Magna Carta? A. The Great Charter was confirmed several times by later medieval monarchs, and there were various statutes, such as those of Westminster, which also helped to develop the germs of popular government. The Petition of Right, 1628, against the abuse of the royal prerogative, the Habeas Corpus Act, 1679, and the Bill of Rights, 1689, to establish the claims of the Petition, are the great English documents of more modern times on popular freedom. Meanwhile, the colonial charters became the foundation of the Americans' claim to the "rights of Englishmen," and were the predecessors of the State Constitutions, which owed their origin to the American Revolution. The Declaration of Independence established the principles which the Constitution made practical. Plans for colonial union were proposed from time to time, the most important of them being the Albany Plan of 1754, of which Benjamin Franklin was the author. The united efforts to establish independence gave birth to the Articles of Confederation, which though inadequate, were a real step toward the "more perfect Union" of the Constitution.
Q. In what respect had the Confederation failed? A. It had three great weaknesses. It had no means of revenue independent of that received through its requisitions on the States, which were nothing more than requests, which the States could and did disregard; and it had no control over foreign or interstate commerce. Behind these lacks was its inability to compel the States to honor the national obligations. It could make treaties but had no means to compel obedience to them; or to provide for the payment of the foreign debt. It had responsibility but no power as a national government; no means of coercing the States to obedience even to the very inadequate grant given to the "League of Friendship" by the Articles of Confederation. But its greatest weakness was that it had no direct origin in, or action on, the people themselves; but, unlike both the Declaration of Independence and the later Constitution, knew only the States and was known only to them, calling them sovereign.
Q. How extensively has the Constitution been copied? A. All later Constitutions show its influence; it has been copied extensively throughout the world.
Q. The United States government is frequently described as one of limited powers. Is this true? A. Yes. The United States government possesses only such powers as are specifically granted to it by the Constitution.
Q. Then how does it happen that the government constantly exercises powers not mentioned by the Constitution? A. Those powers simply flow from general provisions. To take a simple example, the Constitution gives to the United States the right to coin money. It would certainly follow, therefore, that the government had the right to make the design for the coinage. This is what the Supreme Court calls "reasonable construction" of the Constitution ( Art. I, sec. 8, cl. 18 ).
Q. Where, in the Constitution, is there mention of education? A. There is none; education is a matter reserved for the States.
Q. Who was called the "Expounder of the Constitution"? A. Daniel Webster, of Massachusetts, because of his forceful and eloquent orations interpreting the document.
Q. Must a member of the House of Representatives be a resident of the district which he represents? A. The Constitution provides only that no person shall be a representative "who shall not, when elected, be an Inhabitant of that State in which he shall be chosen"; but makes no requirement as to residence within the district ( Art. I, sec. 2, cl. 2 ).
Q. Is it possible to impeach a justice of the Supreme Court? A. It is possible to impeach a Justice of the Supreme Court or any other official. The Constitution makes provision for impeachment by the House and trial of the accused by the Senate sitting as a court of "all civil Officers," which includes the Justices ( Art. I, sec. 2, cl. 5; sec. 3, cl. 6, 7; Art. II, sec. 4 ).
Q. Are Senators, Representatives, and justices of the Supreme Court civil officials of the United. States? A. Justices are, but the others are probably not. The Constitution in several places seems to make a clear distinction between legislators and officials, though this has been contested. Members of Congress are not subject to impeachment, but are liable to expulsion by the vote of the House of which they are members ( Art. I, sec. 5, cl. 2 ).
Q. What would be the proceeding in case of the impeachment of a Cabinet officer? A. An impeachment proceeding may be set in motion in the House of Representatives by charges made on the floor on the responsibility of a member or territorial delegate; by charges preferred by a memorial, which is usually referred to a committee for examination; by charges transmitted by the legislature of a State or from a grand jury; or the facts developed and reported by an investigating committee of the House. After the impeachment has been voted by the House, the case is heard by the Senate sitting as a court. When the President of the United States is impeached and tried, the proceedings are the same except that the Senate is then presided over by the Chief Justice of the United States ( Art. I, sec. 2, cl. 5; sec. 3, cl. 6, 7; Art. II, sec. 4 ).
Q. What is meant when it is said that Senators are paired? A. Sometimes a Senator belonging to one party agrees with a Senator belonging to the other party that neither will vote if the other is absent, the theory being that they would always vote on opposite sides of the question. This is called a pair. Sometimes pairs are secured on a particular vote only. For example, if a Senator is in favor of a certain piece of legislation and is ill or unavoidably detained, his friends arrange for some one on the opposite side not to vote. This insures for each a record as to his views. While many are opposed to general pairs, as the first is called, all are glad to arrange a pair for a specific measure if a Senator is unavoidably prevented from being present ( Art. I, sec. 5, cl. 2 ).
Q. What is the mace of the House of Representatives and what purpose does it serve? A. The mace consists of thirteen ebony rods, about three feet long, representing the thirteen original States. It is bound together with silver in imitation of the thongs which bound the fasces of ancient Rome. The shaft is surmounted by a globe of solid silver about five inches in diameter upon which rests a massive silver eagle. The mace is the symbol of the paramount authority of the House within its own sphere. In times of riot or disorder upon the floor the Speaker may direct the Sergeant-at-Arms, the executive officer of the House, to bear the mace up and down the aisles as a reminder that the dignity and decorum of the House must not be overthrown. Defiance to such warning is the ultimate disrespect to the House and may lead to expulsion. When the House is sitting as a body the mace rests upright on a pedestal at the right of the Speaker's dais; when the House is sitting in committee of the whole, the mace stands upon the floor at the foot of its pedestal. Thus, when the House wishes to "rise" from committee of the whole and resume business as a legislative body, lifting the mace to its pedestal automatically effects the transition. The origin of the idea of the mace is based upon a similar emblem in the British House of Commons ( Art. I, sec. 5, cl. 2 ).
Q. Who administers the oath of office to the Speaker of the House of Representatives? A. It is usually administered by the oldest member in point of service ( Art. I, sec. 5, cl. 2 ).
Q. What is meant by the "Father" of the House of Representatives? A. It is a colloquial title informally bestowed upon the oldest member in point of service ( Art. I, sec. 5, cl. 2 ). It was borrowed originally from the House of Commons.
Q. Why is a member of the House of Representatives referred to on the floor as "the gentleman from New York," for example, instead of by name? A. It is a custom in all large deliberative bodies to avoid the use of the personal name in debate or procedure. The original purpose of this was to avoid any possible breach of decorum and to separate the political from the personal character of each member ( Art. I, sec. 6, cl. 1 ).
Q. Do members of Congress get extra compensation for their work on committees? A. No. ( Art. I, sec. 6, cl. 1 ).
Q. Could members of the President's Cabinet be permitted to sit in Congress without amending the Constitution? A. No. A national officeholder cannot at the same time be a member of either House of Congress ( Art. 1, sec. 6, cl. 2 ).
Q. Must all revenue and appropriation bills originate in the House of Representatives? A. The Constitution provides that all bills for raising revenue shall originate in the House of Representatives. It is customary for appropriation bills to originate there also ( Art. I, sec. 7, cl. 1 ).
Q. What is meant by the word veto, in the President's powers? A. The word is from the Latin and means "I forbid." The President is authorized by the Constitution to refuse his assent to a bill presented by Congress if for any reason he disapproves of it. Congress may, however, pass the act over his veto but it must be by a two-thirds majority in both houses. If Congress adjourns before the end of the 10 days, the President can prevent the enactment of the bill by merely not signing it. This is called a pocket veto. ( Art. I, sec. 7, cl. 2 ).
Q. If, after a bill has passed both houses of Congress and gone to the President, Congress desires to recall it, can this be done? A. A bill which has reached the President may be recalled only by concurrent resolution. The form used is as follows: Resolved, by the House of Representatives (the Senate concurring), That the President be requested to return to the House of Representatives the bill . . . (title). After the concurrent resolution passes both houses it is formally transmitted to the President. The latter might, however, have already signed it, in which case it would have become a law and would have to be repealed in regular fashion ( Art. I, sec. 7, cl. 2 ).
Q. What is the difference between a joint and a concurrent resolution of Congress? A. A joint resolution has the same force as an act, and must be signed by the President or passed over his veto. A concurrent resolution is not a law, but only a measure on which the two Houses unite for a purpose concerned with their organization and procedure, or expressions of facts, principles, opinions, and purposes, "matters peculiarly within the province of Congress alone," and not embracing "legislative provisions proper" ( Art. 1, sec. 7, cl. 3 ).
Q. Which is the longest term of office in the government, aside from judges? A. The Comptroller General of the United States and the Assistant Comptroller General have the longest tenure. They hold office for fifteen years ( Art. I, sec. 8, cl. 18; sec. 9, cl. 7; Art. II, sec. 2, cl. 2 ).
Q. What is the term of office of Treasurer of the United States? A. The Treasurer is appointed by the President of the United States, and no length of term of office is specified ( Art. I, sec. 8, cl. 18; sec. 9, cl. 7; Art. II, sec. 2, cl. 2 ).
Q. Does the Constitution provide for the formation of a Cabinet? A. No. The Constitution vests the executive power in the President. Executive departments were created by successive acts of Congress under authority conferred by the Constitution in Art. I, sec. 8, cl. 18. The Departments of State, Treasury, and War were created by the first session of the First Congress. The Secretaries of these, together with the Attorney General, formed the first President's Cabinet. The Cabinet, it should be distinctly understood, is merely an advisory body whose members hold office only during the pleasure of the President. It has no constitutional function as a Cabinet, and the word does not appear in an act of Congress until February 26, 1907 ( Art. I, sec. 8, cl. 18; Art. II, sec. 1, cl. 1, sec. 2, cl. 1 ).
Q. How many methods of electing the President of the United States were considered by the Constitutional Convention? A. Five. These were by the Congress; by the people; by State legislatures; by State executives; and by electors. Various methods of appointing the electors were proposed: by popular vote, by lottery from members of Congress, by State legislatures, and by State executives; and the matter was finally compromised by leaving the method to each State legislature. The meeting of the electors in one body was also proposed; and at first the final choice, in case election by electors failed, was given to the Senate, but later, after choice by Congress had been defeated, it was transferred to the House, voting by States.
Q. Who appoints the Chief Justice of the United States and for how long a term? A. The Chief Justice of the United States and the Associate Justices are appointed for life (during good behavior) by the President of the United States, "by and with the Advice and Consent of the Senate," ( Art. II, sec. 2, cl. 2; Art. III, sec. 1 ).
Q. By what authority may the President of the United States call an extra session of Congress? A. The Constitution provides for this. Art. II, sec. 3, says: ". . . he may, on extraordinary Occasions, convene both Houses, or either of them, . . ."
Q. Can the Secretary of State take action with respect to recognizing a government without the consent of Congress? A. The Secretary of State, on behalf of the President, may accord recognition without recourse to Congress ( Art. II, sec. 3 ).
Q. Under the new government how was the national judiciary organized? A. The First Congress passed many notable acts which endured many years as laws. One of the most worthy of these was that organizing the national judiciary, September 24, 1789. The bill was drawn up with extraordinary ability by Senator Oliver Ellsworth, of Connecticut, who had been a deputy to the Constitutional Convention, and who was to become Chief Justice of the United States. The Constitution prescribes a Supreme Court, but left its make-up and provision for other courts to Congress. The Supreme Court was organized with a Chief Justice and five Associates; a district court was provided for each State; and the Supreme Court Justices sat with the district judges in circuit courts. The jurisdiction of the three grades of the judiciary was fixed, and officers--clerks, marshals, and district attorneys--authorized. The Attorney General, also provided for in the act, was for many years little more than the President's legal adviser. Under this law President Washington appointed John Jay, of New York, Chief Justice, and the judiciary was organized on February 2, 1790.
Q. What are the correct style and titles of the Supreme Court of the United States and its members? A. The correct title for the Supreme Court is "The Supreme Court of the United States"; for the members, one speaks of a Justice, or Associate Justice, of the Supreme Court of the United States, but always of the head of the court as "The Chief Justice of the United States" ( Art. III, sec. I ).
Q. What has been the number of Justices of the Supreme Court of the United States? A. The Chief Justice is mentioned in the Constitution but the number of Justices is not specified. The act of September 24, 1789, provided for a Chief Justice and five Associates; that of February 24, 1807, made the Associates six; that of March 3, 1837, eight; and that of March 3, 1863, nine. But on July 23, 1866, a law directed that no appointments be made of Associate Justices until the number of them should be only six. This was to prevent President Johnson from making appointments; but the act of April 10, 1869, restored the number to eight. There were only six at the time that President Grant made the first restorative appointments.
Q. It is frequently asserted that the Supreme Court nullifies an act of Congress. Is this correct? A. No. The Court has repeatedly declared that it claims no such power. All it does--all it can do--is to examine a law when a suit is brought before it. If the law in question is in accordance with the Constitution, in the opinion of the Supreme Court, the law stands. If the law goes beyond powers granted by the Constitution, then it is no law, and the Supreme Court merely states that fact ( Art. III, sec. 2, cl. 1; Art. VI, cl. 2 ).
Q. In which decision did the Supreme Court first formally assert its authority contrary to an act of Congress? A. In the famous case of Marbury v. Madison (1803). This was not the first case in which the authority of an act of Congress was questioned in a case before the court. In Hylton v. United States, 1796, the court upheld the constitutionality of a national tax on carriages as an excise that did not have to be apportioned. Also Justices in the circuit court had, as early as 1792, refused to act as commissioners under an act of Congress, considering the law unconstitutional.
Q. What is treason against the United States? A. Treason against the United States consists in levying war against them, or in adhering to their enemies, giving the latter aid and comfort. No person can be convicted of treason except upon the testimony of two witnesses to the same overt act or on confession in open court ( Art. III, sec. 3, cl. 1 ).
Q. What right has a Territorial Delegate in Congress? A. A Territorial Delegate sits in the House of Representatives from each organized territory. Delegates may be appointed to committees and have the right to speak on any subject, but not to vote ( Art. IV, sec. 3, cl. 2 ).
Q. Is a constitutional amendment submitted to the President? A. No. A resolution proposing an amendment to the Constitution, after having passed both houses of Congress by a two-thirds vote, does not go to the President for his signature. It is sent to the States to be ratified either by their legislatures or by conventions, as Congress shall determine ( Art. V ). The Supreme Court as early as 1798 declared the approval was not requisite (Hollingsworth v. Virginia, 3 Dallas 378).
Q. What constitutes the supreme law of the land? A. Art. VI, cl. 2 of the Constitution says: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shalt be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
Q. When referring to various States in the Union, is the term "sovereign States" correct? A. No. A sovereign is that person or State which recognizes no superior. The States of the Union have a superior--the Constitution of the United States, which is "the supreme Law of the Land . . . any Thing in the Constitution or Laws of any State to the Contrary notwithstanding" ( Art. VI, cl. 2 ).
Q. Is there a clause in the Constitution prohibiting members of certain religious denominations from becoming President of the United States? A. No. Art. VI, cl. 3 of the Constitution provides that "no religious Test shall ever be required as a Qualification to any Office of public Trust under the United States."
Q. Should the amendments be called articles? A. The amendments proposed by the first Congress were sent out as "Articles in addition to, and Amendment of the Constitution of the United States of America," and the term "article" is used in self-application in all the amendments since the Twelfth, except the Seventeenth, which uses the term "amendment." This would seem to give official sanction to calling the amendments "articles," but as it causes some confusion, they are better placed by the use of "amendment" only, with the proper number.
Q. In the first session of the First Congress how many proposed amendments were considered? A. All of the amendments proposed by the State conventions were considered, but only approximately 90 separate amendments were formally introduced. Professor Ames lists 312 through the First Congress, which includes the 124 proposed by the States and all reports and amendments to those proposed, in Congress.
Q. Who proposed the creation of the first executive departments and the first amendments to the Constitution? A. James Madison, of Virginia, proposed the resolutions for the formation of the first executive departments and the series of twelve amendments to the Constitution of which ten were finally ratified by the States.
Q. What constitutes the Bill of Rights ? A. The first ten amendments to the Constitution.
Q. It is said that when the first amendments to the Constitution were submitted, there were twelve, of which ten were adopted. What were the other two about? A. The two amendments of the twelve submitted as the Bill of Rights which were rejected were the one which related to the apportionment of Representatives in Congress and the one fixing the compensation of members of Congress. (Note: The rejected second amendment was ratified on May 7,1992 as the 27th amendment.)
Q. Do the first ten amendments bind the States? A. No. They restrict the powers of the national government. They do not bind the States; but various of their restrictions have been applied to the States by the Fourteenth Amendment .
Q. Does not the Constitution give us our rights and liberties? A. No, it does not, it only guarantees them. The people had all their rights and liberties before they made the Constitution. The Constitution was formed, among other purposes, to make the people's liberties secure-- secure not only as against foreign attack but against oppression by their own government. They set specific limits upon their national government and upon the States, and reserved to themselves all powers that they did not grant. The Ninth Amendment declares: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Q. What protection is given to a person accused of crime under the jurisdiction of the United States? A. The Fifth Amendment declares that no person, except one serving in the land or naval forces or the militia in time of war or public danger, can be held to answer for a capital or other infamous crime unless on a presentment or indictment of a grand jury. No person can be twice put in jeopardy of life or limb for the same offense. No one in a criminal case can be compelled to be a witness against himself, or be deprived of life, liberty, or property without due process of law. Private property cannot be taken for public use without just compensation. By the Eighth Amendment excessive bail and fines and cruel and unusual punishments are prohibited. The original Constitution forbids ex post facto laws and bills of attainder, limits the punishment for treason, protects the right to a writ of habeas corpus, and secures trial by jury.
Q. Is the right to speedy trial guaranteed? A. Yes. The Sixth Amendment expressly states that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury within the district of the crime, and to be informed of the nature and cause of the accusation. He is entitled to be confronted with the witnesses against him, to be allowed to compel the attendance of witnesses in his favor, and to have the assistance of counsel for his defense.
Q. Is the right of trial by jury in civil cases also assured? A. Yes. Amendment Seven preserves the right of trial by jury in suits of common law involving the value of more than twenty dollars.
Q. What has been the longest period during which no amendment has been added to the Constitution? A. Sixty-one years, from 1804 to 1865. This period elapsed between the Twelfth and Thirteenth Amendments.
Q. How long did it take the States to ratify the income tax amendment? A. The Sixteenth Amendment was proposed to the States on July 12, 1909, deposited with the Secretary of State on July 21, ratified by the thirty-sixth state on February 3, 1913, and, declared ratified on February 25, 1913.
Q. It has been stated that the Prohibition Amendment was the first instance of incorporating a statute in the Constitution. Is this so? A. No. Those portions of the Constitution which specifically dealt with slavery and the slave trade ( Art. I, sec. 9, cl. 1; Art. IV, sec. 2, cl. 3 ) were both of this character. They were made obsolete by time limit in one case and the Civil War in the other.
Q. How many amendments to the Constitution have been repealed? A. Only one -- the Eighteenth (Prohibition).
Q. How is an amendment repealed? A. By adding another amendment.
Q. If the Eighteenth Amendment is repealed, why is it necessary to call the new one repealing it the Twenty-first? A. The Eighteenth Amendment will indeed remain in the Constitution, but a notation will be added to the effect that it is repealed by the Twenty-first .
Q. What is the Twentieth Amendment and when was it adopted? A. This is the so-called "Lame Duck" Amendment, which changes the time for the beginning of the terms of the President, Vice President, and the members of Congress. The term of the President and Vice President begins on January 20, and that of members of Congress on January 3. It was adopted upon the ratification by the thirty-sixth State, January 23, 1933, and certified in effect on February 6.
Q. Why was a constitutional amendment necessary to change the date of the beginning of the terms of President, Vice President, and members of Congress? A. The Constitution fixes the terms of President and, Vice President at four years, of Senators at six years, and of Representatives at two years. Any change of date would affect the terms of the incumbents. It was therefore necessary to amend the Constitution to make the change.
Q. If the President-elect dies, who becomes President at the beginning of the term for which he was elected? A. The Twentieth Amendment provides that in this case the Vice President-elect shall become President.
Q. Does the Twentieth Amendment do away with the Electoral College? A. It does not.
Q. It takes how many States to block an amendment? A. Thirteen, without respect to population or importance; but while approval is considered final, rejection is not while within the time limit, if one is prescribed by the amendment.
Note: The preceding was excerpted from The Story of the Constitution by Sol Bloom, Washington, DC : National Archives and Record Administration, 1986, c1937. Information no longer current has been omitted.
145 Constitution Essay Topics & Examples for Students
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- Similarities and Differences between Articles of Confederation and Constitution – Compare and Contrast Essay
- Why Is the Bill of Rights Important Today Essay
- The Efforts and Activities of the Paparazzi are Protected by the Freedom of the Press Clause of the Constitution
- Comparing the Articles of Confederation with the Federal Constitution
- Aspects of Arizona Constitution
- The Sixth Amendment to the United States Constitution
- Democratic and Undemocratic Elements of the Constitution
- Purpose of Government and Preamble of Constitution
- The Framing of the US Constitution
- O’Connor and Sabato: “The Constitution” Chapter
- Robert A. Dahl’s book – “How Democratic is the American Constitution” In this book, Dahl reminds the American society of the missing link in their constitution; a flaw that makes the sacred draft unqualified as a basis for the country’s democratic system.
- Shotoku Taishi’s Seventeen Article Constitution of Japan In that, just as the Lord, who is Heaven commands its subject, should obey, the people of Japan should pay heed to their imperial powers and submit to avoid harsh consequences, which are otherwise termed […]
- The President’s Czars: Undermining Congress and the Constitution Rozell “The President’s Czars: Undermining Congress and the Constitution,” which elaborates a comprehensive definition of a czar, offers a history of the phenomenon, and provides analysis of the matter. The major part of the book […]
- Canada’s Constitution and Its Surprising Aspects The peculiarity of the Canadian Constitution is that it includes two parts, namely: written, which consists of separate judicial precedents and legislative acts, and unwritten in the form of agreements and established legal customs.
- The US Constitution Ratification Dispute Moreover, the anti-federalists argued that the citizens would not be able to participate in administration because of the undemocratic nature of the Constitution.
- Should the Texas Constitution Be Reformed? The structure of the Texas Constitution is quite intricate, and its text is one of the longest in the United States.
- US Constitution and International Law & Policy In international law, popular sovereignty takes on the concept of state sovereignty, which is the ability, power, and immunity of a state or territory to make autonomous choice.
- Aspects of the U.N. Charter and the US Constitution As well-established, the US Constitution is the document that defines the national frame of government in the United States and serves as the supreme “law of the land” being the foundation of US legislation and […]
- Constitution Changes After Pandemic He is a writer who has authored books on legal representation of the low-standard people, the politics of Texas, and the election of judges, among others. Therefore, the issues of vaccination and the related constitutional […]
- The Conception of the American Constitution In the years following America’s victory for independence in 1776, the country was ruled by a small Confederate government consisting of a Congress bound by the Articles of Confederation.
- The Articles of Confederation and the Road to the Constitution The question of the abolition of slavery only received the beginnings of discussion thanks to the representatives of the North, but for the most part, the aspect of taxation and the counting of servants in […]
- Constitution of Trusts and Gifts The law defines capacity as the capability to understand and retain information relating to the decision and to weigh it in balance when making a decision.
- The New Jersey Constitution: The Protection of the Rights of Citizens The constitution of each state enshrined provision for the protection of individual rights of citizens, which also applies to New Jersey.
- Alan Westin and the US Constitution on Privacy The position of the Supreme Court in this regard is roughly consistent with this in the sense that it does not focus on privacy per se.
- The US Constitution: Creation Process The independence of the United States after the Revolutionary War began with the establishment of the Articles of Confederation. The Constitution that corrected the inefficiencies of the Articles of Confederation was created and established in […]
- Provisions of the Constitution of the United States and the State of Illinois It is also essential to mention Article Three of the Illinois Constitution, which established the suffrage of citizens and the right to elections.
- The Bill of Rights and the Florida Constitution The Constitution of the state of Florida is similar to the bill of rights, yet distinct in a variety of freedoms and protections it offers.
- Neil Gorsuch and the Constitution In the video, the main topic is the discussion of constitutional issues and the organization of state power. The executive branch monitors compliance with the correct execution of the law, while the judiciary relies on […]
- Ratification Process of the Constitution of 1787 The anti-federalists believed that the legal status of the states should remain high and that the states had every right to self-government.
- Personal Jurisdiction: The United States Constitution In reality, the court may reject a case for lack of subject-matter jurisdiction on the spot if the contents of the case transpire the limits of the court’s jurisdiction.
- US Constitution Changes Regarding Electoral College The first lens is the political lens, which is the understanding of the power relationship between those who possess the power and those who lack it.
- The Amendment of the Missouri Constitution However, the addition of the number of women seats according to the demographic sizes directly affects and influences almost every member of the community.
- Happy Coffee Shop: Draft Corporate Constitution Happy Coffee Shop has all legal capacity and power as provided in the Corporations Act (CA). This is the constitution of Happy Coffee Shop Propriety Limited.
- Cell Phone Privacy and the Constitution In this chapter, the authors investigate the concept of privacy and whether government employers’ warrantless searches may be considered reasonable and justified.
- Alexander Stephens on Slavery and Confederate Constitution The speaker remarks that the persistent lack of consensus over the subordination and slavery of the “Negro” between the South and North was the immediate reason why the Confederates decided to secede and establish their […]
- Notwithstanding Clause in the Canadian Constitution In such a case, a legislator might refer to the notwithstanding clause and justify the priority of the collective majority’s rights over individual rights and freedoms of the citizens.
- Resolving Disputes and the Constitution Yona Shamir outlines the positive aspects of mediation which include: 1) mediation largely helps in bringing to the forefront the main and contentious issues of the dispute due to the fact that it has the […]
Try asking yourself these questions to simplify the process of finding the perfect topic:
- What is the essay’s type? Ensure your topic corresponds to the required genre, whether informative, persuasive, or any other essay type.
- What are your interests? Selecting an area of study that attracts you is a good idea. You’ll have fun writing about something you enjoy.
- Do you have enough time? Focus on a specific issue and avoid selecting broad topics if the deadline is near.
- Who will be reading it? You’ll make your essay more captivating if you’re aware of your audience’s tastes.
To find something you like, take a look at this list of possible themes:
- Republicanism. This is a political system that runs a country like a republic while strongly focusing on individual freedom and civic virtue. It opposes regimes such as oligarchy, monarchy, dictatorship, or aristocracy.
- Federalism. This form of government requires two tiers that control the same territory. Smaller units like states and cities handle local concerns, while a larger national government oversees more expansive geographical areas.
- Separation of powers. This is a political theory, legal doctrine, and political institution implemented in practice. It implies the distribution of state power between branches independent from each other. This separation aims to balance and control the power and strength of each branch, including legislative, executive, and judicial.
- Civil rights and obligations. Generally, citizens must respect and obey federal, state, and local laws. They must also pay taxes honestly and on time. In return, citizens can use governmental services and protection.
- Checks and balances. This division of power aims to prevent one organization or person from having excessive power. In politics, checks and balances help minimize errors and prevent authoritarian practices.
- How Relevant Is the Constitution to Our Government Today? The original text of the Constitution was not perfect, and not even all delegates were ready to sign this document due to the lack of a bill of rights.
- The Border Security Tax and Violation of the U.S. Constitution One of them is known as “taxation without representation,” and its applicability to the case is conditional upon the attempts of the president to make Mexico pay for the prospective wall construction.
- U.S. Constitution, 17 September 1787 The Constitution is the supreme law of the US. It spells out the relationship between the ruled and the ruler.
- Ratifying the New American Constitution James Madison is believed to be one of the most influential people that the US has ever had, his Father was a plantation owner and he studied in the state of Virginia in the US.
- United Sates and Arizona Constitution Final Action: subsequent to both the House and Senate accepting a bill in the same shape, it is propelled to the president.
- Evaluation of the Constitution of the United States of America The Constitution of the United States of America is deemed as the supreme law. The Constitution grants rights to the nation of the United States.
- The Federalist Papers to Understand the United States Constitution The purpose of the federalist papers was to convince the people of New York to ratify the proposed constitution because most of the other states had already done so.
- Double Jeopardy Clause of the U.S. Constitution In as much as the constitution provides for a strict verdict pertaining to continuation of cases, Double Jeopardy Clause is not at all violated in this scenario.”Under the certain circumstances two state trials in two […]
- Analysis of the Constitution of the United States It is also the right of the accused to be informed of the right to call witnesses to support his case.
- Double Jeopardy: The Fifth Amendment to the Constitution This therefore means that punishment will only be done ones and in case the offender is tried again, it will be considered as double jeopardy.
- National Security Within the Constitution On the other hand, the legislature has the mandate to formulate laws for the sake of citizens because they are representatives of the people; thus, judicial review of laws, which are passed by the legislature, […]
- Zoning Ordinance in Georgian Constitution, US The local government in Atlanta can be compelled by the court to justify the zoning ordinance if Irene Lopez can demonstrate that it has caused financial losses and contradicts public interest.
- Warrantless Search: The 4th Amendment to the US Constitution That is why it is now illegal for the officers to conduct a warrantless search if they are convinced that any time wastage would jeopardize their ability to succeed in making an arrest.
- The Australian Constitution and Council of Australian Governments The first requirement that should be met in the initialization of the process that sets the stage for the amendment of the constitution is prior notice.
- Appeal of Quebec Concerning the Constitution of Canada The appeal was directed at considering the veto set on the First Reference, by the Quebec Court of Appeal. 3 The answer of the Court of Appeal to the question was negative.
- Correctional Law: Amendments in the US Constitution In an incident in which the prisoner was searched by a female officer in the absence of a male officer while in prison, the Fourth Amendment of the prisoner was not violated, because the female […]
- Democratic Principle: The Constitution of the US The two major democratic principles are closely interrelated and the parties involved into them can actually change places from time to time: the minority has the right to become the majority, thus the latter becomes […]
- US Constitution and Ruling of Loving vs. Virginia Such examples of the Main Law of the country and the Declaration of Peoples’ Rights violation as in the case of Dr.
- Constitution of the State of Georgia, USA In this regard, below, there is a proposition of a hypothetical modification of the Georgia constitution by the current situation in the United States and the world – for example, it is possible to propose […]
- What the Declaration and the Constitution Mean to Me For me, the Constitution is, first and foremost, the necessary complement to the core values of the Declaration: the notions of equality and irrevocable rights.
- Beard’s Interpretation of the Constitution The primary aim of the Constitution was to unite the nation and create a number of regulations suitable for all kinds of people, which is why the framers tried to reach compromises in every question.
- The Us Constitution: The Concept of the Lifetime Appointment The main motive for creating Article III was the desire to protect the judges of the Supreme Court from the need to participate in political events, which excludes their bias.
- Creation of Constitution and Bill of Rights The Articles of Confederation failed to unify the nation because in this document, the empowerment of the government of the United States was utterly limited.
- American Government Congress. Referring to Constitution Congress men and women therefore make every effort to attune business on the floor of the house to the perspective of their constituents.
- Courts Seeking the “Original Meaning” of the Constitution As a solution to any misinterpretation of the law, basically because of the probable fact that times have changed and that the original meaning may not make sense, there is usually room for amendments that […]
- Is the Constitution Supportive of Today’s Democracy? Additionally, one of the dominant elements in most constitutions is the principle of democracy which refers to the government by the people for the people themselves.
- 1910-1940 Mexican Political Development In this essay, I will discuss the causes of the Mexican revolutions, the major stages in the revolution, immediate and long term effects of the revolution, the constitution and the Presidents who served Mexico from […]
- Justice in America: Constitution, Laws and Reality The metaphysical essence of notions of justice, freedom and intellectual excellence in this country, directly derives out of European mentality and out of European sense of religiosity; therefore, these notions can hardly be thought of […]
- The American Constitution: Short History This makes the US constitution the oldest in the world, where 159 countries of the world had a constitution by the end of the 20th century.
- Britain’s Unwritten Constitution The issue of democracy in many states has led to a lot of criticism of the unwritten constitution in Britain because the disadvantages accompanying it are viewed to make it look bad.
- South Africa: Human Rights in the Constitution The Bill of Rights serves as the foundation upon which the democratic character of the Republic of South Africa is built.
- US Constitution in the E-Commerce Context If we are speaking about E-commerce, one of the most stressful issues is the problem of privacy and confidentiality, because many people who prefer to operate in Web environment, try to make sure that their […]
- James Madison and the United States Constitution The formation of the U.S.constitution was faced by challenges due to the existence of the federalists, who supported the constitution and the anti-federalists, who were against the constitution.
- The Constitution of the French Fifth Republic The standard process of constitutional amendment is as follows: the amendment must be accepted in equal periods by both houses of Parliament, they must be either accepted by a simple mainstream in a referendum, or […]
- Drug Testing and 4th Amendment of the US Constitution S Constitution on the drug prevention in the nation and it tries to judge whether legalization, decriminalizing drug use and drug treatment could offer a better solution to the issue of drug use and drug […]
- Montesquieu and the US Constitution The constitution of the United States says that, the power of legislation is vested upon a congress of United States, which consists of a senate and House of Representatives, the executive power is vested on […]
- Canadian Constitution Reform and Charlottetown Accord It was by the intervention of the supreme court of Canada which gave the ruling that the British parliament should pass the Canada act 1982 into law because the constitution applied to all the provinces […]
- Constitution According to Dworkin’s Theory We can observe the consequences of the accident, which appeared to be fatal for its victims; the involvement in the case where the emotional injuries are awarded is regarded from the theory of Dworkin.
- Most Significant Amendments to the Constitution At the end of the 19th century, there was very little opportunity at the Constitutional Convention for Madison to support a bill of rights of the conventional sort.
- Texas Government and State Constitution With the thoughts of the civilian revolution still in mind, there arose a need to re-write the constitution that witnessed the creation of a constitution that devolved the powers of the government to the local […]
- Majority Rule in US Constitution and Policies The same document ensures that the majority is not able to infringe on the rights of the minority. The majority rule is the basic principle of U.S.democratic government, which rests on the assumption that policies […]
- Social Inequality, Constitution, and Revolution Rousseau argued that in the past people had no hunger for individual ownership of the property until one person fenced a piece of land and claimed that the land belonged to him; after this, people […]
- Intrastate Commerce Law and the US Constitution Due to the fact that the interest of the state is higher than that of the country, the statute is thus regarded as unconstitutional since it affects the commerce of the states.
- Articles of Confederation and Constitution of the US Drafted in 1776 and ratified on 1 March 1781, the Articles of Confederation was the first constitution for the government of the colonies.
Tired of boring topics and want to try something fresh? Check out these great ideas:
- History of the Constitution’s adoption. In your essay, research the process of the Philadelphia Convention in 1787. How has the perception of the fundamental law changed over time?
- Separation of powers according to the US Constitution. This topic requires you to study the separation of powers between the legislative, executive, and judicial branches of the United States Constitution.
- The essence and significance of principles in constitutional law. Analyze the role of principles in constitutional law. How do they ensure the rule of justice and protect the citizens’ rights and freedoms?
- Comparative analysis of the principles of constitutional law of various countries. Research and compare different countries’ constitutional law principles to identify common features in their application.
- United States Constitution and Criminal Procedure The view of the role of the judiciary and the rule of law in society is also provided in the paper.
- Reasons Why Britain needs a Written Constitution According to Thompson, Britain is a prominent country in the European region, and in the whole world. A written constitution would, however, ensure the influence of lawmakers is kept in check and that avenues of […]
- Uncodified Constitution of the United Kingdom According to Oxford Dictionary of law, “constitution” is defined as “the rules and practices that determine the composition and functions of the organs of central and local government in a state and regulate the relationship […]
- U.S. Constitution Law’s Impact on Tanya’s Company For this reason, the state of confusion statue is unconstitutional and therefore, Tanya needs to find the court that has jurisdiction over this case and proceed to file a suit.
- The U.S. Constitution: Protection of Rights and Vagueness The premises for the provision of rights to every single denizen of the U.S.population can be viewed as the key asset of the Constitution.
- The US Constitution Overview and Its Aspects In the constitution a lot of individual rights are mentioned and seem to be the top agenda in the composition of its text. The interpretation of the constitution should not be left to the politically […]
- Government and Constitution of the United States of America The sharing of power is essential in the process of governance because government services are taken closer to the citizens and the citizens’ views are considered by leaders.
- The Equal Rights in the U.S. Constitution In the first part of the article, the authors present the history of the debates on the topic, highlighting the main ideas expressed in favor and against of the ERA ratification in the U.S.
- The U.S. Constitution: Fifth Amendment While the Fifth Amendment applies to the rights of the accused to an attorney during interrogation, the Sixth Amendment is applicable after the indictment.
- The Constitution of Medina The constitution of Medina outlines a series of agreements that were drawn up in the first three years after the Hirja to end the differences between the people of Yatrib and the Muhajirun.
- Components of the American Constitution that reflect pluralis These intentions include the successful distribution of powers between the three arms of the government, which are the judiciary, the executive and the legislature, establishing a system of checks and balances and limiting the control […]
- Leadership and Constitution According to the United States constitution, the President is the Commander-in-Chief of the Armed Forces. Article 1, section 2 of the US constitution stipulates that the president has the power to appoint and dismiss high-ranking […]
- National Security and the Constitution The major causes of these contradictions include: The 1996 Health Insurance Portability and Accountability Act [HIPAA], the Financial Services Modernization Act [FSMA] enacted in 1999, the Homeland Security Act enacted in 2002, information-sharing, national security, […]
- History of Slavery Constitution in US The framers of the constitution did not tackle clearly the issue of slavery and they were compelled to make a temporary compromise in order to unite the states in the country.
- Thomas Jefferson and the Writing of the Bill of Rights and the US Constitution The important nature of the Declaration of Independence cannot be overstated; it was through the statement that the 13 colonies in America declared their independence from the British Empire.
- The Constitution in Public Administration: A Report on Education The constitution should be the overall law that governs issues and management of public institutions; in some instances, the constitution may have some bureaucracy that hinders efficiency among public administrators however it is normative that […]
- Presidential Powers in the United States Constitution The establishment of the senate, congress, electoral system, and limitation of the presidential term to four years is some of the systems that control presidential powers.
- American Constitution as a Critical Component of American Government The American constitution is also a critical component of American government.[1] The constitution is used as the supreme law of the land since all other statutes operate below it.
- The Constitution of the US : Issues and Amendments The constitution of the US is the absolute law of the nation, which acts as a guide to the political culture of the Americans and the law.
- New Constitution of USA in 1787 Contrary to the Virginia plan, the New Jersey plan called for equal state representation in the congress regardless of the size of the state.
- Concept of Living Constitution in “Essential of American Government: Root and Reforms” a Book by O’Connor, Yanus and Sabato Therefore, the constitution had to be made in such a way as to allow its evolution in order to accommodate the needs of the society.
- Political Concepts: the New Kenyan Constitution In the article, the author suggests that the former president is the winner in the recently concluded elections because his political students made it to power.
- The Specifics of Society Genetic Constitution In other words, in order for a particular rich individual to be admitted to the ‘club’, he or she would have to prove the sincereness of its commitment to the existential values, shared by the […]
- Does the Constitution represent a fulfillment or a betrayal? The term federalists in American history mainly referred to two instances and in the first case the term is used to refer to the public figures or statesmen who made the ratification of the proposed […]
- The Constitution and Civil Liberties It grants rights and freedoms namely, freedom of religion, freedom of press, and freedom of speech, among others. It also provides rights to equal protection, freedom of conscience, opinion and religion, as well as speech […]
- The United States Constitution The United States’ constitution is a legal framework that anchors several amendments and provisions in view of evolving legal issues of governance in the modern world.
- The Fourteenth Amendment to the US Constitution Therefore, we hold that the plaintiffs and others.are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment”.
- Role of the American Constitution in America’s Political Process In analysing the power of the constitution when defining the American political landscape, this study will evaluate the role of the constitution in establishing checks and balances in government from an analysis of the senate, […]
- On the First Amendment to the U.S. Constitution The freedom that Americans experience comes at a price because there are conflicts and problems that arise from the interpretation and implementation of the First Amendment, however, many legal experts are saying that it is […]
- Constitution and Government System Federalism is the embryonic rapport “between the states and the federal government of the United Stases”. The powers of federal administration are officiated in the constitution and the rest belong to regional governments.
- Constitution Ethical Issues However, the United States constitution has put checks and balances in place in order to ensure that in maintaining law and order, the police officers respect the rights of the populace.
- How the Constitution Applies to Being a Military Leader/Officer On the other hand, it must be mentioned that though it is the duty of the military to protect the Constitution it is only through the Constitution itself and its various amendments that the military […]
- The Relevance of the US Constitution The principles which are presented in the Constitution of the USA are the significant components of the Americans’ national identity. These associations are the results of the country’s policy which is based on the principles […]
- US Constitution Reflections on the First Amendment Paper The first amendments made on the constitution of the United States of America in the year 1789 concerned the bill of rights.
Looking for a perfect constitutional law topic? You’ve come to the right place! Take a look at these great examples:
- How does the US Constitution influence legislation? In your essay, study the influence of the primary US law on the formation and development of legislation.
- What is the role of the Supreme Court in enforcing the constitutional law? This question will require you to examine the functions and powers of the United States Supreme Court. Pay attention to how the Supreme Court enforces fundamental law.
- How has the perception of the Constitutional law changed over time? Examine the evolution of the American Constitution. Write about the history of changes in interpreting and understanding the Constitution’s provisions.
- What are the similarities and differences between the American and other countries’ constitutions? This topic requires you to analyze the main aspects of the US Constitution and the laws of other countries. Mention what makes American Constitutional law unique.
- How Did the Constitution Attempt to Correct the Flaws of the Articles of Confederation?
- Does the Constitution Forbid Religious Displays on Public Property?
- How Did Abraham Lincoln Shed the Constitution to Become the Greatest President the Nation Has Seen?
- Did the Constitution Intend for a Multi-Party Political System?
- How Does Constitution Affect Arizona?
- Does the Constitution Guarantee the Right to Clone?
- How Did the Constitution Cause Our Nation?
- Should Courts Seek the Original Meaning of the Constitution?
- How Did the Constitution Guard Against Tyranny?
- Does the Constitution’s Fourth Amendment Protect Information Contained in a Paging Device?
- How Did the Constitution Set the Precedent for the Civil War?
- Did the Constitution Guard Against Tyranny?
- How Did the Framers Create the Constitution?
- Does the U.S. Constitution Need an Equal Rights Amendment?
- How Did the Nineteenth Amendment Come To Be Part of Our Constitution and Why Was It Significant?
- What Is the Role of the US Constitution and the US Legal System in Business Regulation?
- How Did the U.S. Constitution Cause Separation?
- Does the U.S. Constitution Stand the Test of Time?
- How Does Digital Evidence Affect the Digital Constitution Act?
- Did the Constitution Contribute to the Failure of the Union It Created?
- How Does the Australian Constitution Empower the Commonwealth Parliament to Make the Most of the Country’s Laws?
- Does the Constitution Define Marriage?
- How Are Abortion, Freedom, and Corruption Depicted in the Constitution’s Fifth and Fourteenth Amendments?
- Should Banning Same-Sex Marriages Be in the US Constitution?
- How Does the Constitution Affect Governance Today?
- Should Terrorists Have Miranda Rights Based on the Constitution?
- How Does the Constitution Effectively Protect Freedom?
- Should the UK’s Constitution Remain Uncodified?
- Why Did the United States Dump the Articles of Confederation for the Constitution of 1787?
- What Were the Most Important Weaknesses of the Weimar Constitution?
Constitutions and Religious Freedom
The freedom of religion, often known as freedom of worship, protects a person’s or a group’s right to express their religious beliefs through instruction, practice, worship, and observance. The United States’ right to religious freedom is guaranteed under the First Amendment’s sections on religion.
Gun Rights under the Constitution
Around one-third of American citizens claim to personally own a gun, and the Second Amendment of the US Constitution protects this freedom. Based on production records, the number of civilian firearm owners in the United States is estimated to be 393 million.
Montesquieu and the US Constitution
Montesquieu’s ideas regarding the separation of powers and the system of checks and balances have significantly impacted the American Founders and the drafters of the US Constitution. Americans in the eighteenth century frequently referred to Montesquieu as an oracle of political knowledge.
The Constitution Today
The Constitution, including the Bill of Rights, has undergone 27 amendments. The 17 additional amendments addressed a number of issues, such as introducing female suffrage and criminalizing slavery. The Constitution lasted for more than 200 years because its founders were able to balance and separate the powers of the federal and state governments, as well as the rights of minorities and majority rule.
Gay Marriages and the US Constitution
On June 26, 2015, the Supreme Court overturned all state restrictions on same-sex marriage, made it lawful in all fifty states, and mandated that states recognize out-of-state permits for same-sex unions. The United States became the second nation in North America, after Canada, to permit same-sex marriages nationally. It also became the 17th country in the world to do so.
- Bill of Rights Research Ideas
- Declaration of Independence Paper Topics
- Children’s Rights Research Ideas
- Fourth Amendment Essay Topics
- Electoral College Research Topics
- First Amendment Research Topics
- Sixth Amendment Topics
- Fifth Amendment Essay Ideas
- Chicago (A-D)
- Chicago (N-B)
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Home — Essay Samples — Law, Crime & Punishment — Constitution — The Constitution of the United States
The Constitution of The United States
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Published: Jan 4, 2019
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Re-read the Preamble of the Constitution and look over your answers to the Understanding the U.S. Constitution worksheet. Think carefully about Articles I, II, and III, the institutions which they establish, and the authority and powers granted to each.
A constitution embodies the fundamental principles of a government. Our constitution, adopted by the sovereign power, is amendable by that power only. To the constitution all laws, executive actions, and, judicial decisions must conform, as it is the creator of the powers exercised by the departments of government. Q.
The Constitution of the U. S., Floyd G. Cullop, Mentor, $5.99 (especially the questions and answers in the last section). A general American History textbook, particularly the sections on the Revolution through 1865 (special focus on the Constitutional Convention).
This topic requires you to analyze the main aspects of the US Constitution and the laws of other countries. Mention what makes American Constitutional law unique. Essay Questions About the Constitution. How Did the Constitution Attempt to Correct the Flaws of the Articles of Confederation?
Given this underlying purpose of the Constitution, this introductory essay examines two fundamental questions, with which the Supreme Court, scholars, and other constitutional actors perennially wrestle: (1) what are the Nation’s basic values that the Constitution protects; and (2) who should serve as the final interpreter of the Constitution ...
The Constitution of the United States established our government and the laws we have today, and also promised basic rights for its citizens. In 1787,... read full [Essay Sample] for free.
Evaluate the view that the strengths of the Constitution outweigh the weaknesses. Evaluate the view that the impacts of the Constitution on the US government are positive. Study with Quizlet and memorise flashcards containing terms like 'The amendment process is fit for purpose'/1.
Document Based Question: The United States Constitution. Lessons Learning Objective: I will be able to analysis primary source historical documents to answer comprehension questions and complete a five paragraph DBQ essay question.
According to the Constitution, we have the freedom of religion, speech, and religion. Freedom of religion lets us believe in whatever religion we choose. Freedom of speech gives us the rights to express our opinions. Freedom of the press lets us write our opinions in print.
Study with Quizlet and memorize flashcards containing terms like Explain the Process of Adding a New State to the Union, What are the six basic principles of the Constitution?, Explain at least two of the processes of adding a formal amendment to the constitution. and more.