Constitution Question

Preamble

1.  What is the preamble? 

2.  What are the broad objectives of constitutional government (there are six of them)?

ARTICLE I - Legislative Branch

Article I, Section 1

What is the meaning of Section 1?

Article I, Section 2 – US House

1. Discuss each of the following basic organizational issues and duties found in this section:

▪ Term of Office

▪ Qualifications

▪ Filling unexpired seats

▪ Presiding officer

▪ State representation

2.  Constitutionally does a House member have to live in the district he represents?

3.  What was the decision in U.S. Term Limits v. Thornton (1995)?

4.  Clause 3 of section 2 defines what act of government? How often is this to take place?

5.  Define apportionment.

6.  What is the 3/5’s compromise? What happened to this provision?

7.  Define impeachment. Who has the power to impeach?

Article I, Section 3 – US Senate

1. Discuss each of the following basic organizational issues and duties found in this section:

▪ Term of Office

▪ Qualifications

▪ Filling unexpired seats

▪ Presiding officer

▪ State representation

2.  How were US Senators originally selected?  How did the 17thAmendment change this?

3.  What are the restrictions on the Vice President’s Senatorial power?

4.  Who is the President Pro Tempore? Why does this position exist?

5.  What is the Senate’s impeachment power? What are the vote requirements?

6.  What is the role of the Chief Justice in impeachment?

7.  What was the decision in (Walter) Nixon v. U.S. (1993)?

8.  Who was Alcee Hastings? Why is Section 2, Clause 7 relevant to him?

Article I, Section 4

1.  Who controls the congressional election process?

2.  What power does Congress have in determining elections? 

3.  What provision is made in the 20th Amendment?

Article I, Section 5

1.  Define quorum.

2.  What is meant by “rules of its proceedings”?

3.  Who disciplines members of Congress?  What is required to expel a representative or senator?

4.  What is the constitutional requirement that resulted in the Congressional Record?

5.  What are the restrictions on adjournment?

Article I, Section 6

1.  Who determines Congressional salaries? What provision was found in the 27th Amendment? What was unusual about this amendment?

2.  Define “legislative immunity”.  From what are members of Congress immune?

3.  Link Clause 2 to separation of powers.

Article I, Section 7

1.  What provision is mandated on revenue bills?

2.  What three options can the President exercise on a bill sent by Congress?

3.  Define veto.  What recourse does Congress have if the President vetoes a bill?

4.  What happens to a bill held for ten days with no action while Congress is in session?

5.  Define pocket veto.

6.  Explain the presentment clause (#3).  How has this been a separation of powers issue?

7.  Define joint resolution---how is this similar to a bill and a law?

Article I, Section 8

1.  Define the delegated, enumerated, or expressed powers.

2.  What is the relationship between the structural weaknesses in the Articles of Confederation and the powers expressed in Article I, Sec. 8?

3.  How many powers deal with an area of economics?  How many with national security?  List three powers dealing with each policy area.

4.  Clause 3 gives Congress the power to regulate commerce with which three entities?

5.  Clause 17 speaks to Congressional authority over what?

6.  Why is Article I, Section 8, Clause 18 – the necessary and proper clause - referred to as the “elastic clause”?

7. Why would the “necessary and proper” clause be linked to the political debate over the Constitution and implied power?

Article I, Section 9 (powers denied Congress)

1.  Who are “such persons”?  What provision was made for the slave trade? 

2.  What is the writ of habeas corpus? When may it be suspended?

3.  How does the decision in Boumediene v. Bush (2008) relate to the suspension of habeas corpus?

3.  Define bill of attainder.

4.  Define ex post facto. 

5.  Briefly explain each of the following powers denied Congress:

• No capitation or direct tax – How does the 16th Amendment change this?

• No tax on exports from any state

• No preference regulating trade

6.  Define appropriations.  What are the Congressional budgetary powers in clause 7?  

7.  Why is there a prohibition on titles of nobility by the US and acceptance of the same from any foreign country?

Article I, Section 10 (powers denied the states)

1.  Clause 1 denies several powers that were once permissible under the Articles.  List them.

2.  What are the restrictions on import and export taxes?

3.  How is Congressional power to control acts of war and treaties with foreign countries solidified in Clause 3?

ARTICLE II - Executive Branch

Article II, Section 1

1.  What is the term of office for president and vice president? Link this to the 22nd Amendment.  What argument can be made that would have kept President Bush from becoming the running mate of John McCain in 2008?

2.  What is the number of electors from each state? Who may not be an elector?

3.  Can the president and vice president come from the same state?

4.  What provision was made in the 12th Amendment? 

5.  What does the Constitution say about the dates for the presidential election and the electoral vote?  What are the dates?

6.  What are the Constitutional qualifications to be president?

7.  What did the Constitution originally provide if the president could not perform his duties?  What if the vice president could not perform those presidential duties?  What provision is made by the 25th Amendment?

8.  What restrictions are placed on the presidential salary?

9.  Who administers the oath of office? 

Article II, Section 2

1.  Explain the president’s role as Commander in Chief.

2.  How does Clause 1 create the president’s cabinet?

3.  Define pardon.  What exception exists to the presidential pardon?  

4.  What vote is required by the Senate when the president makes a treaty with a foreign government?

5.  How does the Senate, in its “advice and consent” role, check presidential appointment and recess commission grants?  What vote is required by the Senate when the president makes other appointments?

Article II, Section 3

1.  What is the State of the Union address?  When is it to be given?

2.  When can the president convene and/or adjourn one or both chambers of Congress?

3.  What is the controversy that surrounds the phrase “he shall take care that the laws be faithfully executed”?

4.  How does the presidential power of commissioning all the officers of the United States link to Marbury v. Madison (1803)?

Article II, Section 4

1.  Under what conditions can the president, vice president and all civil officers of the U.S. be removed from office?

2.  Define high crimes and misdemeanors.

3.  Who were the only two presidents to be impeached?  Were they removed from office?

ARTICLE III - The Judicial Branch

Article III, Section 1

1.  What is the only court established by the Constitution?

2.  What are inferior courts?  What political body is given the power to create these courts?

3.  What is the term of office for federal judges? What is the logic of this provision?

4.  Can they receive pay cuts while holding the office?

Article III, Section 2

1.  Define original jurisdiction.  List all the cases (situations) for which the Supreme Court has original jurisdiction.  How is a change in one of the relationships changed by the Eleventh Amendment and Chisholm v. Georgia (1793)?

3.  Define appellate jurisdiction.

4.  What is the exceptions and regulations clause?

5.  What are the characteristics of criminal trials?

Article III, Section 3

Explain the elements of the crime of treason.

Article III, General

Where in Article III are the federal courts specifically given the power to interpret the Constitution?

ARTICLE IV

Article IV, General

What relationships are defined in Article Four?

Article IV, Section 1

Define “full faith and credit”.

Article IV, Section 2

1.  Define privileges and immunities.

2.  Define extradition.  Who has the authority to compel state authorities to extradite a fugitive from one state to another?

3.  What repealed the fugitive slave clause of this section?

Article IV, Section 3

1.  What political body(s) is responsible for the creation of new states within the boundaries of existing states?

2.  What political body is responsible for the creation of new statesfrom other United States territory or property??

Article IV, Section 4

What specific protections do the states get from the national government?

ARTICLE V

1.  What are the two ways to propose an amendment?

2.  Define “supermajority”.

3.  What are the two ways to ratify an amendment?

4.  Who determines the method of ratification?

5.  Historically, how are constitutional amendments proposed and ratified?  What was the exception?

ARTICLE VI

1.  How does the Constitution acknowledge responsibility for the acts of the government under the Articles?

2.  Section 2 is known as the “supremacy clause” and creates the principle of “constitutionality.” How does this link to Cooper v. Aaron (1958)?

3.  What is preemption? What does the principle say about the states prevailing in a conflict with the federal government?

4.  What is the only forbidden test to the oath of office for public officials?

ARTICLE VII

1.  What specific provision is made for the method of ratification of the constitution?

2.  Why do you think the framers chose this method?

THE AMENDMENTS

1.  What are the first 10 Amendments of the Constitution called?What was the political controversy that led to the addition of these early amendments?  What person was primarily responsible for their creation and ratification?  

2.  List the five fundamental freedoms guaranteed in the 1stAmendment.

3.  What is the two fold nature of religious freedom?

4.  What exactly is the “freedom to petition…for a redress of grievances?

5.  Does the 2nd Amendment specifically link gun ownership to an individual’s standing in the “militia” or does it possibly mean we all have a “right to bear arms?” Link this amendment to District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010).

6.  Is the protection provided by the 3rd Amendment still needed in a literal sense today?  What about from a figurative perspective?  

7.  Amendments 4 – 8 define “substantive due process” rights. Define due process. 

8.  Define the warrant requirement of the 4th Amendment.

9.  Define probable cause.  How would one determine what constitutes “unreasonable search and seizure”?

10.  What is a Grand Jury indictment?  How does it provide protection?

11.  Define double jeopardy.

12. What does “Taking the Fifth” mean?

13.  Define “eminent domain.”  Why might the terms “take” and “public use” be open to interpretation?

14. List the eight rights of an individual facing criminal prosecution as outlined in the 6th Amendment.

15. Define “habeas corpus.”  How is this addressed in the 6thAmendment?

16. What is meant by “common law?” How is this addressed in the 7th Amendment?

17. List the three protections provided by the 8th Amendment.  Are any of those protections specifically defined?

18. What does the 9th Amendment protect?  Describe how a federal judge could find the logic in the 9th Amendment to argue “right to privacy?”

19. Why do you think the 10th Amendment is called the “reserved power clause?”  Power is reserved for what entity of government?  What is the link to the “elastic clause?”  What does this say about “implied power?”