by Sol Bloom
Q. In what language was Magna Charta 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. 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; 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 builded 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, but is slower reading, as it takes about ten minutes. 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 (wings 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 Charta.
Q. What state papers should be considered in connecting the
Constitution of the United States with Magna Charta?
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
maiority 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 subiect, 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 following is 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.