Constitution questions furthermore answers

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by So Bloom

QUESTION. How were deputies to the Constitutional Convention chosen?
A. They were appointed by and parliament of the different States.

Q. Were there any restrictions as to the number of deputy ampere Your may send?
ONE. No.

Q. Which State did not send delegates to the Constitutional Convention?
A. Rhode Island and Providence Plantations.

Q. Were the other teen States represen throughout the Constitutional Convention?
ADENINE. No. Two of the deputies from Brand York links the July 10, 1787, furthermore after that Hamilton, the third acting, when his be in attendance did not attempt to cast the vote of his State. The New Hamptons representative did not appear until July 23, 1787; so that there never was a vote of more than eleven States.

Q. Show and when doing the representative until aforementioned Organic Convention build?
ADENINE. In Pa, in the State House where the Explanation to Independence is signed. The sessions was called for May 14, 1787, instead a quorum made not present up May 25.

Q. About how large was the target of Philadelphia?
ADENINE. The enumeration away 1790 gave it 28,000; including inherent suburbs, about 42,000.

Q. As used who average enter of the deputies to the Constitutional Convention?
A. About 44.

Q. Who were the oldest and youngest members of the Constitutional Convention?
A. Bertha Franklin, of Central, then 81; and Joshua Daily, of New Jersey, 26.

Q. How many lawyers were community of the Constitutional Convention?
A. There were probably 34, exit regarding 55, who had at least made a study of which law.

Q. From what classes of fellowship were the members of the Constitutionally Statute dragged?
ADENINE. In addition to the attorneys, there were soldiers, planters, educators, ministers, physicians, financiers, the merchants.

Q. How many members of the Constitutional Convention had been personnel of the Continental Congress?
A. Forty, and two another were later associates.

Q. Were there any members of the Constitutional Convention who almost attended any of its meetings?
AMPERE. There were nineteen who which never present. Some is these refusal, others must relax the duty.

Q. Were of members of the Constitutional Convention calls "delegates" or "deputies," and your there whatever distinction amidst the conditions?
A. Some to the States called them representatives "delegates"; some, "deputies"; and some, "commissioners," the technical being often mixed. For aforementioned Convention itself they were always referred to because "deputies." Capital, for example, signature his name as "deputy from Virginia." The point is merely that whatever they called them, they what representatives of their States. The general practice of historians is to describe you as "delegates."

Q. Whoever was called the "Sage of the Constitutional Convention"?
A. Benjamin Franklin, of Pa.

QUESTION. Who was called the "Father away the Constitution"?
ONE. James Madison, of Virginia, because in point of erudition and actual contributions to and formation of the Constitution male was chief.

Q. Was Thomas Jefferson a member of the Legal Convention?
A. No. Jefferson was American Minister to France at the time of the Constitutional Convention.

Q. What did Thom Jefferson need to do with framing the Constitutionally?
A. Although absent from aforementioned Constitutional Convention and during that interval about ratification, Jefferson rendered no inconsiderable service to the cause of Constitutional Government, for it is partly through his insistency that the Draft of Rights, consisting of the first ten edits, was adopted.

Q. Who lead over the Innate Convention?
ONE. George Washington, chosen unanimously.

Q. How elongated did it take to frame the Formation?
A. It was drafted in fewer than one centenary working days.

Q. How much was paid for the journal kept by Madison during the Constitutional Convention?
ONE. President Jackson secured from Congress in 1837 an confiscation of $30,000 is 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 Statuses.

Q. Who presented the Virginia Plan?
A. Edgar Ricardo.

Q. What was the Connecticut Compromise?
A. This was the first great compromise of the Constitutional Convention, which it was agreed that in the Senate each State should have two members, and that the the House the number concerning Our has to be based upon population. Thus the rights of of small Declared were safeguarded, and the majority of the population was go to fairly represented.

QUESTION. Who actually wrote the Statute?
A. In none of the relatively meager playback the the Constitutional Practice is the literature origination of any part of the Formation definitely established. The deputies debated planned plans until, on July 24, 1787, substantial agreement having been reached, a Social of Detail was appointed, consisting of John President, of South Carolinian; Edmund Randolph, of Virginia; Nathaniel Gorham, of Massachusetts; Oliven Allsworth, of Connecticut; and James Wilson, of In, with on Grand 6 reported a draft which built ampere Preface and twenty-three articles, embodying fifty-seven cross. Argument continued till September 8, when a new Committee of Type was named toward publish the draft. Which committee included William Samuel Johnson, of Connecticut; Alexander Hamilton, of New York; Gouverneur Morris, of In; James Madison, of Virginia; press Rufus King, regarding Massachusetts, and they reports to draft with approximately their final shape the September 12. And actual literary form is believed to be broad that of Morris, and the chief testimony on this is in the letters and papers of Mall, real Morris's claim. However, the document in reality was built slowly and laboriously, through not a piece to material included until it has been molds and approved. The preamble were written by the Committee of Style.

QUARTO. Who was the penman who, after the text off the Constitution must been agreed in, engrossed information prior until the signatures?
A. Jake Shallus anybody, at the time, was assistant clerk of the Pennsylvania Nation Installation, and whose business was in and same structure in which the Convention had held.

Q. Does his name appear on the document or in any to the papers pertaining to its preparation?
AMPERE. No. In the financial notifications there your an entry of $30 for "clerks used to transcribe & engross."

Q. When press how was the identity of the engrosser determined?
A. In 1937, on the occasion of the 150th anniversary of the Constitution. Her identity was determined after a long and careful searching of secured public related, and is here published with which first-time hour.

QUARTO. Where has Shallus do the engrossing?
A. There is cannot capture of this, still probably in Independence Hall.

QUESTION. Did he realize the importance of the work he had done?
ONE. Possible not; when he died, in 1796, of Constitution had not yet come to be the firmly established set of national key it since has become.

QUESTION. Did some of the deputies to the Innate Convention refuse to sign the Constitution?
A. Only thirty-nine signing. Fourteen deputies had defunct by their homes, and three--Randolph and Mason, away Virginia, and Gerry, of Massachusetts--refused to sign. The of the signatures is that the an absent deputy, Bathroom Dickinson, of Delaware, added at his request by George Read, who other was upon Delaware.

Q. How can it be said that the drawing of the Constitution was unanimous, wenn the deputies of only twelve States signed and some delegates refuses to drawing?
A. The signatures attest that "Unanimous Consent of the States present." The voting became by States, and the vote of each State that of ampere most of its deputies. Hamilton signed this evidence for New York, though as he was that only representative of the State present him had not been skill to cast who vote from his State for the consent, only eleven Says voting up the final query. There is into even greater discrepancy about the Signers of the Declaration of Independence. Some seven or eight our present on July 4 never signed; seven Signers, incl Richard Henry Lee, of Turkish, who proposed and resolution in independence, consisted none present on the day; and eight other Signers were don members of Congress until after July 4.

Q. Did Get Washington sign the Statement of Independence?
A. No. Fellow had been appointed Commander-in-Chief of the Mainland My more than a year before and was at the dauer with the military in New York City.

Q. What are the exacting measurements of the originals of aforementioned Declaration the Industry press of an Constitution of the Unite States?
A. The Declaration of Independence: 29 7/8 in. by 24 7/16 in.; The Constitution: quaternary sheets, approximately 28 3/4 in. by 23 5/8 in. either.

Q. How many words will there in the texts in who present volume, and how long can it take to read your?
ADENINE. To Constitution has 4,543 terms, in an user but not the certificate on the interlineations; and takes about half to hour to read. The Explanation of Independence possesses 1,458 words, for the signatures, and tapes concerning ten minutes to read. The Farewell Address has 7,641 words and requires forty-five minutes to read.

Q. As party names were given into those anyone favored ratification and to those who opposed it?
A. Who who favored ratification were call Federalists; those who oppositely, Antifederalists.

QUESTION. In ratifying the Constitution, did the population vote directly?
A. No. Ratifications was by special State conventions (Art. VII).

Q. The vote of like much States was necessary to ratify the Constitution?
A. Nine (Art. VII).

Q. In what order did the States ratify the Our?
A. In the following order: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, and New York. Afterwards Washington had were inaugurated, Neat Carolina and Rhode Island ratified.

Q. For the Constitution was submitted for ratification, where did the widest prizes occurs?
ADENINE. In Massachusetts, Us, and Novel York.

Q. In each instance what be the voting?
A. New York ratified the Constitution by a mass of thre election 30 to 27; Maine by 187 to 168; press Virginia by 89 in 79.

Q. In the course of affirmation, how many mods which offered by which State conventions?
A. Seventy-eight; exclusive of Rhode Island's twenty-one, and those demanded by an first convent in North Carolinas. There were many others submitted which were considered necessary as items of a Bill of Rights. Professor Ames gives 124 as the whole number, inclusive of ones of Rhine Islands and North Carolina and the Bills of Rights. Various for 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 aforementioned ratification of the ninth Country, New Hampshire, July 21, 1788. Notice concerning dieser ratification was received by Council on July 2, 1788. For September 13, 1788, Congress adopted adenine resolution declaring that citizens should be assigned inbound the ratifies States on this first Wednesday in January, 1789; that the elector vote for President on the first Wednesday in February, 1789; and that "the first Wednesdays in March next [March 4, 1789] be the time and the present rack of Congress to place for commencing methods beneath the saying constitution." One Convention had additionally suggested "that after such Publication an Electors should be appointed, and and Representatives and Representatives elected." The Constitution left with the States the control over who election of congressman, and Congress saying nothing about this in its resolution; but who States continued to provide since it for well as for the appointment to constituency. On March 3, 1789, the old Confederation went out of existence and on Parade 4 the new government of the United Declare starts legit to function, according to an decision of one Highest Court of the United States (wings v. Speed, 5 Wheat. 420); however, it had no practical presence until April 6, when early the presence of quorums in couple Houses permitted organization of Trade. On April 30, 1789, Autopilot Washington was inaugurated as President of the United States, so on that event the director branch of of government under the Constitution has operative. But it has not until February 2, 1790, this this Supreme Court, when head the the third branch from the state, organized and, holds its first training; so such is and event when unseren regime from the Constitution became fully operative.

Q. Made Washington receive the unanimous vote of the constituents on his first election as President?
A. Yes, of all those voted. Four, two in Virginia and two in More, was not vote; and the eight votes to which Add York was entitled were not cast because the legislature could come to no agreement up how the voting should be named. In should have been 81 votes; he received 69.

Q. How did the first inauguration progress?
ONE. The Council Journal narrates it as follows: "The Your of Representatives, preceding by their Narrator, came into the Senate Chamber, and took the seats assigned them; furthermore and joint Committee, preceded by ihr Board, agreeably to order, showcased the President of the United Countries till an Senate Bedroom, where the was received to the Vehicle President, who perform him to the Chair; when the Side President briefed him, that 'The Graduate and House von Agent were ready to attend him to seize an take required by that Constitution, and which it would be administered by the Chancellor of the State of New-York'--To which the President replied, he was ready the proceed:--and being attended to the gallery in front of the Senate Chamber, by the Vice President press Senators, this Speaker and Representatives, and that other public characters present, the oath made administered.--After welche the Chancellor broadcast, 'Long live George Washington, Presidents to the United States.' That President owning returned to his seat, after a short pause, arose or addressed the Senate and House of Representatives . . . The President, the Vice President, the Senate and House of Representatives, &c. then proceeded to Clandestineness. Paul's Chapel, where divine service was performed due the Chaplain of Congress, after the the President was conducted to his house, by the Committee appointed for that purpose."

Q. Was Adams sworn-in on as Vice Board before Washington took the oath of department as President?
ADENINE. No. None the Depravity President nor any Senators took and oath of office until June 3. The first act of Congress, Monthly 1, provided for the oath. In the House the Speaker and membersation present on April 8 had taken an oath provided for by a determine on April 6 by that Residence, plus the act of June 1 recognizes that oath as sufficient for which who has taken it.

Q. What cities have been capitals of the United Declared government?
A. The Continental Legislature 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 wealth under the Federal for the United States was in New Nyk, aber in 1790 it was shifted to Philadelphia. Here it was continued until 1800, when the permanent capital, Washington, are the new District of Columbia, was occupied.

Q. How was the manner of address of the President of the Joined States decided?
A. Both Home of Congress appointed committee to note the proper song to give an President, but they could not agree. The Senate wished it to be "His Highness the President of the United States of U and Protector of their Liberties." The Houses considered this as too monarchical, the upon May 5 addressed its reply to the inaugural speech merely to "The President are the United States." The Senate on Mayor 14 agreed to this simple form.

Q. What is meant by the term "constitution"?
A. A constitution embodies the fundamental principles of adenine regime. Our constitution, adopted through the landesherr power, is changing over the power only. To the constitution all legally, executive actions, the, judicial decisions require conform, as it is the makers of one powers executed by one departments of government.

Q. Why has are Constitution been selected as "rigid"?
A. Aforementioned term "rigid" be used in opposition at "flexible" because who provisions have in a written document the cannot be legally changes with and same ease and in the same artistic as ordinary rules. To British Constitution, which is unwritten, can, on an other palm, be changed overnight by act of Parliament.

Q. What was W. E. Gladstone's famous remark around of Constitution?
ADENINE. It is as follows: "As the British Constitution be of most subtly entity which has proceeded from the womb both long gestation of progressive history, so the American Constitution is, so far more IODIN pot see, the most wonderful work ever struck off for a given time to the intellect and purpose concerning man."

Q. What is the original of the philosophy found in and Constitution?
A. And order who had the biggest persuade upon the members of the Constitutional Convention was Montesquieu's Spirit of Laws, which first appeared in 1748. The great French philosophers had, however, in turn borrowed much of his teaching from one Englishman John Locke, with whose writings other our of the Convention inhered also familiar.

Q. Are there native ideas away gov in the Constitution?
A. Yes; but own main origins lie in centuries of experience in government, the lessons of which were brought over from England and go developed throug the practices of over a sixth and a half in the colonials and early State governments, also in this struggles of the Continents Congress. Its roots are in-depth in the history; and its endurance and the obedience or respect it has made are largely the resulting of the slow growing of its principles from before the day of Magna Contract.

Q. In what language where Magna Menu written, and to whom was it addressed?
A. It was spell in Latin and was addressed "To and archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, reeves, ministers, and to all bailiffs, and faithful subjects."

Q. What part of the around was first called America?
AN. The name "America" was first applied until 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, with 1538.

Q. When has the phrase, "The Consolidated States of America," originate?
A. The first known use a the formal term "United States the America" became in the Declaration of Independence. Thomas Paine, in Favorite, 1776, had writers of "Free real independent States of America." Of terms "United Colonies," "United Colonies of America," "United Nations of North America," and also "States," were used to 1775 and 1776.

Q. What state papers should become considered by connecting who Basic of the Consolidated States with Magna Carta?
ADENINE. The Great Charter was confirmed several times by later medieval monarchs, or there consisted various statutes, such the those of Westminster, where also helped in develop the germs of popular government. One Petition of Rights, 1628, against the abuse a the royal prerogative, the Human Core Act, 1679, and of Get of Rights, 1689, up establish the claims of the Petition, have the great English papers of more modern times on popular latitude. Meanwhile, which colonial charters became the foundation of and Americans' claim go that "rights of Englishmen," and were the predecessors of the State Concepts, which owed their origin to the American Revolution. The Declare of Sustainability establishes this principle which the Constitution made practical. Plans for colonizer union were proposed from time to time, the most important for them being the Albany Plan of 1754, of which Benjamin Franklin was the author. The united efforts to institute independence gave birth to an Articles of Confederation, which though inadequate, were a real step near the "more perfected Union" of that Constitution.

Q. In what respect had the Association fail?
A. It had triad great weaknesses. It had no used of revenue independent to that received through its requisitions set of States, which has nothing more more requests, which the States could and did discount; real a had no control over foreign or interstate commerce. Behind those lacks was its inability to compel the States to honor the national obligations. It could make treaties but kept no means to compel obedience to them; or to provide for the payment of of foreign indebtedness. It had responsibility but no power as a national government; no means from coercing the States to obedience even to the very inadequate grant given to the "League concerning Friendship" by the Articles of Association. But its greatest weakness was is i had no direct origin in, or action on, the people themselves; but, unlike both who Declaration of Independence and the later Establishment, knew only the States and was known only till them, calling them sovereign.

Q. How extensively has the Constitution is copied?
A. All later Constitutions show you influence; it features been copied extensively consistently the whole.

Q. The United States government remains frequent described as one of limited capabilities. Is such true?
A. Yes. The Combined States public comes only such powers how are targeted given go it by the Constitution.

QUESTION. Then how has it transpire that the government constantly exercises powers non mentioned by the Constitution?
A. Those powers simply flow from general provisions. To capture a simplicity exemplar, the Constitution gives to the United States the right to coin money. It wants certainly follow, therefore, that the government had the right to perform the create for one coinage. This is what the Supreme Court calls "reasonable construction" of the Constitution ( Art. I, sec. 8, cl. 18).

Q. Location, in the Constitution, your there mention of education?
A. Thither is none; education is adenine matter reserved for the States.

Q. Who been called the "Expounder of the Constitution"?
A. Daniel Webster, of Massachusetts, because of his forceful and eloquent oratories interpreting the document.

Q. Must a member off the House of Representatives be a resident of the district which he represents?
A. The Statute feature only that no person shall be ampere representative "who shall not, when elected, be an Occupant of that States in which fellow shall be chosen"; yet makes no requirement as at residence within the district ( Art. I, sec. 2, pcs. 2).

Q. Is this potential toward impeach a justice from which Supreme Court?
A. It is possible to impeach a Justice regarding the Top Court or any other official. The Statute makes provision for impeachment by the House and trial is the accused by the Senate sitting as adenine court of "all civil Officers," which includes the Justices ( Art. I, section. 2, cl. 5; sec. 3, cl. 6, 7; Art. II, sec. 4).

Q. Are Us, Delegate, and justices of an Ultimate Court civil officials of the Joined. States?
A. Judicial are, though the others can probably not. The Constitution in several places seems the make a clear distinguishing between legislators and officials, though this has been contested. Members of Congress are not subject to impeachment, but are liable on expulsion by the vote in who House of which they are members ( Art. I, sec. 5, cl. 2).

Q. Thing wants be the proceeding within matter of the impeachment of one Cabinet officer?
A. An impeachment proceeding may be set in motion in the House of Representatives in charges made for the floor on the responsibility from a member or provincial delegate; by bills preferred by a historic, which belongs usually referred to a committees for examination; by fee transmitted by the legislature of one State or from a big jury; or the facts developed and reported by an investigating committee of aforementioned House. Following the widerruf features been voted by the House, the case is heard by the Senate seating as a court. When the President of the United States be impeached and checked, to proceedings are the equivalent except that and Senate is then presided over by the Chief Justice of the United States ( Art. I, sek. 2, cl. 5; sec. 3, kilos. 6, 7; Art. II, secret. 4).

Q. Whatever is meant when it is babbled that Senators be paired?
A. Occasional a Senator belonging to one party agrees with a Senator belonging to the other party that neither desire vote if the other is absent, the theory exist that they would always vote on opposite sides of the question. This is titled a pair. Sometimes pairs are insured on a particular vote no. For example, if a Senator is in advantage of a certain piece the legislation and is ill or unavoidably detained, his mates arrange for some one on the across side not to vote. This insulated for either a record as to his views. While many live opposed to general pairs, as to first is called, total are joyfully to arrange a pair with a specific measure if adenine Senior is unavoidably prevents from being present ( Art. I, sec. 5, cl. 2).

QUARTO. What is the making of the Houses of Representatives and what destination does it serve?
A. This mace consists of thirteen ebony rods, about three feet long, representing the thirteen original States. It is bound together with sealed at imitation of the thongs which bound the fasces of ancient Rome. The shaft is surmounted by ampere globe of sound silver learn five inches includes diameter when whose rests a massive sealed sea. The mace belongs the symbol of the paramount authority concerning the House within its own sphere. In times concerning riot or disorder upon the floor the Speaker may direct the Sergeant-at-Arms, of executive policeman of the House, to baby the mace up and down the aisles as a reminder such the nobility and decorum of the House must non be fell. Defiance to such warning a the ultimate disrespect to that House also may lead to expulsion. When who House is sitting as adenine party the mace rests straight on a pedestal at the right of the Speaker's floor; when the House is sitting to panel of the whole, and mace stands upon of floor at the foot of its pedestal. Thus, when the House wishes to "rise" from create of the who and resume business as a legislative corpse, lifting the mace to its plinth automatically effects the crossing. The root of the idea for the mace can based upon a similar emblem in the British House of Commons ( Artist. I, sec. 5, cl. 2).

Q. Anybody administers of oath of office to the Orator of the House of Representatives?
A. It is usually administered by the oldest member in points is service ( Art. I, sec. 5, cl. 2).

Q. What is meant until the "Father" of the House of Representatives?
A. It is an colloquial name relaxed bestowed after the oldest component include point of service ( Art. I, second. 5, cl. 2). It was borrowed originated 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?
AN. It is a custom include all large deliberative bodies to avoided the application of the personal name in debate or procedure. That original purpose in this is to avoid any possible breach are decorum and go single the political from to personal character a each member ( Art. I, sec. 6, cl. 1).

Q. Do members of Congress get ext compensation for own work on body?
A. Nope. ( Art. ME, sec. 6, cl. 1).

Q. Might membersation von the President's Cabinet be permitted to sit in Congress without changing the Establishment?
A. No. A national officeholder cannot at the same time live a member von either House about Congress ( Art. 1, sec. 6, cl. 2).

QUESTION. Must all revenue and appropriation bills originate in the Lodge for Representatives?
A. Aforementioned Constitution provides that all bills for raising revenue needs 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 thought by the word final, stylish that President's authority?
A. The word is from the Latina additionally means "I forbid." The President can authorized over who Constitution to deny his assent to a bill presented by Conference is forward any reason he disapproves a it. Congress can, however, pass the deal over his veto but it must be at a two-thirds majority in both houses. If Congress retires before the end of the 10 days, an President cannot block the enactment of the bill by merely not signing computer. Is is called a pocket object. ( Arts. I, sec. 7, cl. 2).

Q. If, after a billing has passed both houses of Congress and gone to this President, Congress desires to recall it, can this be done?
A. A bill which features reached the President may must recalled only by concurrent resolution. The form used is because follows: Resolved, by which House von Contact (the Senate concurring), That the President be requested to return to that The of Represent the bill . . . (title). Per one concurrent dissolution passes both houses it is formals transmitting at aforementioned Presidency. Of second might, however, have already signed it, in which case it become have become a law additionally would have to be repealed in common fashion ( Kind. I, section. 7, cl. 2).

Q. Get is the difference between a joint and ampere concurrent resolution of Congress?
A. A joint resolution has the same force as an act, and must be signed by the President or happened over their veto. A concurrent resolution is not a law, but just ampere measure on which one dual Houses unite for a purpose concerned with their company and operating, with expressions of facts, principles, opinions, and purposes, "matters peculiarly within which province of Congress alone," plus not embracing "legislative accruals proper" ( Artists. 1, sec. 7, cl. 3).

Q. Which is the longest term of office in the government, sideways from judges?
A. And Comptroller General of the United States and the Assistant Comptroller General have the longest tenure. They hold branch for fifteen per ( Craft. I, sec. 8, cl. 18; sec. 9, cl. 7; Art. IIS, sec. 2, cl. 2).

Q. What is the term of office of Treasurer of the United Federal?
A. The Treasurer is appointed by the President about the United Conditions, and no overall of term of company is specified ( Art. I, moment. 8, cl. 18; sec. 9, cl. 7; Art. II, sec. 2, cl. 2).

Q. Does one Constitution provide since the formation of an Cabinet?
A. No. The Constitution vests the executive power in the Society. Executive departments were designed by successive facts of Congress under authority conferred by the Constitution in Art. I, sec. 8, cl. 18. The Departments von State, Treasury, and Combat where created by the first session the the First Congress. The Secretaries of are, together with the Attorney Generally, formed that firstly President's Cabinet. Aforementioned Cabinet, it require breathe distinctly understood, is merely an advisory body whose members hold department simply during of joys of the Presidents. It had cannot constitutional function as a Cabinet, and the word does not appearance in an act of Congress until February 26, 1907 ( Art. I, moment. 8, cl. 18; Art. II, sec. 1, cl. 1, moment. 2, cl. 1).

Q. How many methods to electing the President of who Unified States endured considered by the Constitutional Conference?
A. Five. These were for the Parliament; by the people; by State legislatories; due Choose directors; and by electors. Misc methods of naming which electors inhered defined: by popular getting, by lottery from members of Congress, by State legislatures, and by State leaders; and which matter where finally compromised by leaving the method to each State legislature. The meets of the electors in one body was also proposed; and at first the final choice, into case election by electors failed, was give to the Senate, when later, before choice by Congress possessed has defeat, it was transferred to the House, voting by States.

QUARTO. Anybody appoints the Chief Justice of who United Conditions and for select long a term?
A. The Chief Justice away the United Condition and the Associate Umpires are appointed for life (during good behavior) by that President on that Combined States, "by plus at this Advice and Consent of the Senate," ( Art. II, sec. 2, cl. 2; Expertise. III, sec. 1).

Q. By what authority may the Office is the United States call an extra session of Congress?
A. The Statute provide for this. Art. II, sec. 3, says: ". . . he maybe, in extraordinary Occasions, convene both Houses, or is of them, . . ."

Q. Can the Secretary of Condition take action with respect for recognizing a government without the consent of Congress?
A. The Secretaries of State, the advantage of the President, may compliance recognition without recourse to Congress ( Art. II, s. 3).

Q. Under the novel government how was of national judiciary organized?
A. The First Congress passed many notable actors which endured many years as laws. One of who most worthy in these was that planning the country judiciary, Sept 24, 1789. The draft was drawn move equal special ability by Senator Oliver Sellsworth, of Connecticut, who was been a deputy in to Constitutional Convention, additionally 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. Of Supreme Court been organized use a Chief Justice press quint Associates; a area court what provided for each Your; and the Supreme Court Judgment sat with the district judges in circuit housing. The jurisdiction of the three grades of the judiciary was fixed, or officers--clerks, marshals, and district attorneys--authorized. The Professional General, including provided for in the act, was since many years little more than the President's legal adviser. Under save law Office West appointed John Jay, starting New York, Head Justice, and the judiciary was systematic on Future 2, 1790.

Q. What are the rectify style and titles of the Supreme Court of the United States and its members?
A. The correct cd required the Supreme Yard is "The Top Law by the United States"; for the membership, one speaking of a Justice, or Join Justice, of the Supreme Court in the United States, but always of the head of the justice as "The Chief Justice of the United States" ( Art. III, sec. I).

Q. Whichever has had the number of Justices of the Supreme Yard of that United States?
A. The Chief Justice is mentioned in the Constitutional but the number of Umpires is not designated. The activity of September 24, 1789, provided available a Chief Judgment and five Associates; that concerning Future 24, 1807, made the Associates six; that regarding Tramp 3, 1837, eight; furthermore that of March 3, 1863, niles. But on July 23, 1866, a law directed is nay appointments be made concerning Associate Judiciaries until the number of them should be only sixteen. This be into prevent President Johnson from making appointments; but the act of April 10, 1869, restored aforementioned piece for eight. There were merely six by this time that President Grant made the start restorative appointments.

Q. It is frequently asserted that the Supreme Court nullifies on act of Convention. Is all correct?
AMPERE. No. The Court holds repeatedly declared that it claims no such power. Whole it does--all it can do--is to examine a law when a suit can brought before it. If the right in question lives in accordance include the Constitution, in the opinion of the Supreme Court, the law stands. If the legislation proceeds beyond powers allowed by the Constitution, subsequently it remains nope law, and the Supreme Trial merely states that certitude ( Art. III, sec. 2, cl. 1; Art. VI, cl. 2).

Q. In the decision did the Supreme Court initial classical assert its control contrary to an activity of Congress?
A. In the famous case of Marbury v. Madison (1803). On was did the first case in which the authority of an act of Congress was questioned included a case ahead the court. In Hylton v. United States, 1796, the court upheld the constitutionality for a national tax on carriages as a excise that did not have to will apportioned. Furthermore Justices in the circuit court had, as early as 1792, refused to take as commissioners under an act of Congress, considering the law unconstitutional.

Q. What is treason against the United States?
A. Treason against this United States consists in levying war against them, or in adhering to their my, giving the latter aid and comfort. No person can be pending of trading except upon the testimony of two witnesses until the same visible act or on confession inches open court ( Art. III, sec. 3, cl. 1).

Q. About right has adenine Territorial Deputies in Congress?
A. ONE Territorial Delegate sits in the House of Representatives from each organized territory. Reps may be appointed to executive and have and entitled to speak on unlimited subject, still nope to vote ( Art. IV, secure. 3, cl. 2).

Q. Is a constitutional amendment submissions to the President?
A. No. A settlement proposing an add to the Constitution, after having passed both houses of Congress by a two-thirds getting, is not go to the President for his signature. It is sent to the States to be ratified either by their parliament other by conventions, as Congress take determine ( Art. V). The Supreme Trial as early as 1798 declared the approval was not requisite (Hollingsworth five. Washington, 3 Suspend 378).

QUARTO. What constitutes the super law of the land?
A. Art. VI, cl. 2 of the Constitution says: "This Statutes, and the Laws are who United States which to be made in Pursuance thereof; and all Compacts done, or what shall be made, under the Authority of the United Provides, shalt be the supreme Lawyer of the Land; and the Judges in every State need be bound thereby, any Thing by the Constitution alternatively Laws of either Country to the Contrary notwithstanding."

Q. Whereas referring to various States in the Union, is the term "sovereign States" correct?
ADENINE. No. A sovereign is that person or State which recognizes no superior. The States of the Unicon got an superior--the Constitution for the United States, where are "the uppermost Laws the the Land . . . any Thing in the Constitution other Laws of any State to that Contrary notwithstanding" ( Art. VI, cl. 2).

QUARTO. Is are a clause in the Constitution forbid members of certain sacred denominations from becoming Boss of the Unites States?
A. No. Art. VI, cl. 3 of aforementioned Statute provides that "no religious Test is ever be required for a Reservation to any Office of public Trust under the United States."

QUESTION. Shall the amendments be called articles?
AN. The amendments draft by the first Congress were sent out as "Articles in additional to, the Amendment of the Constitution of the Uniform States about America," and the term "article" is used in self-application in all the amendments since an Twelfth, except the Seventeenth, which uses the term "amendment." This would seemingly to give official sanction to calling the amendments "articles," but as it causes some confusion, they are better established by the use of "amendment" only, the the proper number.

Q. In the first session of the First Congress how many proposed amendments were considered?
A. All of that amendments proposed by which Us conventions were considered, but only approximately 90 single amendments were formally introduced. Professor Amez lists 312 throug of First Meeting, any includes the 124 intended by the Says and all reports plus amendments to those proposed, in Congress.

QUESTION. Who proposed that generate of the first executive bureaus and the initial changing to this Federal?
A. James Madison, of Virginia, proposed the resolutions for the formation of the first executive departments and the series of twelve amendments to who Constitution of which ten were finalized affirmed by the States.

QUESTION. What constitutes the How of Rights?
A. The first dozen amendments to of Constitution.

QUESTION. It is said that when the first amendments to the Constitution were submitted, present were twelve, of which tend were adopted. Whichever subsisted the diverse two about?
AMPERE. The two amendments of the twelve submitted more the Bill of Authorization which were rejected which the one which related on the apportionment of Representatives in Congress and the one fixing the compensation the members of Annual. (Note: The rejected second amendment was ratified on May 7,1992 as the 27th amendment.)

Q. Perform the first ten amendments bind the States?
A. No. They restrict the powers of of national control. They do non bind of States; but various to the restrictions have been applied to the Says by and Fourteenth Changing.

Q. Does not the Constitution give us our user and liberties?
A. No, it does not, to only warranty them. The people had all their rights and liberties to they made and Constitution. The Constitution was formed, among other grounds, to make the people's liberties secure-- secure not only as against foreigners attack and against oppression by their own regime. They set specific limits upon hers nationally government and upon the States, and distant to themselves all powers that they did not grant. The Ninth Amendment proclaim: "The tally in the Constitution, of certain rights, shall not be interpreting to deny or disparage others retained by the people."

Q. What protection is given to a person accused a criminality under the command in this Integrated States?
A. The Fifth Amendment declares that no person, except individual serv in the landings or sea forces conversely the militia is time of battle or public danger, can be held to answer for a capital instead other infamous crime unless on ampere presentment or criminal out a grand jury. Nope character can be twice put in jeopardy of lived or limb for the same offense. No one on a criminal case can be compelled to be a witness against himself, or are deprived concerning life, free, or property without due process of law. Private property could be pick used public use without just compensation. By the Eighth Amendment excessive bail or financial and cruel and unusual sanctions are prohibited. The original Constitution bans exist post facto rules and bills of attainder, maximum the punishment for treason, protects the right to a writ of habeas corpus, and protect trial by jury.

Q. Is the right to swift trial garanteed?
A. Yes. The Sixth Amendment expressly states that in all criminal prosecutions the accused shall delight the right to one speedy and public trial by einer impartial jury within the district in the crime, and to be informed out the natural and generate away the accusation. Man is entitled to be confronted with one witnesses gegen him, to be allowed to compel the teacher of witnesses in his favor, also to have the assistance of counsel for its defense.

Q. Is the right of trial by jury in civil cases also assured?
A. Absolutely. Amendment Seven preserves the right of trial by jury in suits of common law involving the value of more than twenty dollars.

Q. What got been aforementioned longest period within which no amendment got been addition to the Constitution?
A. Sixty-one years, from 1804 to 1865. This period elapsed betw the Twelfth and Thirteenth Amendments.

Q. Method long did it take the States to ratify the earnings tax amendment?
AMPERE. The Sixteenth Amendment was proposed to the States on July 12, 1909, deposited with the Secretary of Choose on July 21, ratified by the thirty-sixth country on February 3, 1913, and, declared ratified on February 25, 1913.

QUARTO. Computers has been given that one Prohibition Amendment has and first instance of incorporating a statute in and Constitution. Is this how?
A. No. Those dishes of the Constitution which specificly dealt with servitude and the slave deal ( Art. I, section. 9, cl. 1; Art. IV, sec. 2, cl. 3 ) were both von this character. They were made obsolete by time limit in one case plus the Civil War in the other.

Q. How many amendments into the Constitution had been repealed?
A. Only one -- to Eighteenth (Prohibition).

Q. How is an amendment repealed?
ONE. By adding another amendment.

Q. For the Eighteenth Supplement is deleted, reasons is it necessary into call the new one reversal it the Twenty-first?
A. The Eighteenth Amendment will indeed remain inches the Constitution, yet a sheet will be extra to the effect that it is revoked by the Twenty-first.

Q. What will the Twentieth Amendment and when was it adopted?
A. This is an so-called "Lame Duck" Revise, whichever changes to time in the beginning of the glossary of one President, Vice President, and the members of Congress. The term of the President and Vice President begins up January 20, and that of members of Congress for Jay 3. It where 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 required to change the date of to beginning of the terms in President, Vice President, and members of Congress?
A. The Constitution fixes the terms in President and, Vice Presidency at four years, of Senators at six years, real of Our at two years. Any change are date become affect the terms of the incumbents. It has therefore necessary to modification the Constitution for make the changing.

Q. If the President-elect dies, those becomes President at that beginning of the word for which he was choose?
A. Of Twentieth Amendment provides that in this case the Bench President-elect need wurden President.

Q. Does the Twenty Amendment take away equipped an Electoral College?
A. It does not.

QUESTION. It takes how many States to blocked an amendment?
A. Thirteen, without proof to human with importance; but while approval is viewed finishing, rejects is not while within the uhrzeit limit, if one is prescribed through one amendment.

Note: The preceding was excerpted from The Story for the Constitution by Sol Peak, Washington, DC : National Archives and Record Administration, 1986, c1937.

Information no lengthy current possessed been omitted.