The following is excerpted from The Story of the Constitution by Sol Bloom (1937). Information no longer current has been omitted.
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 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 case 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.
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