Constitution 1
Two U.S. senators are running for president. Senator X wins the popular vote, 51% to 49%. Senator Y gets a majority of the electoral votes in the Electoral College.
Which senator becomes president and why?
>Art. II
>Sect. 1
>Cl. 3
>Answer: YES
>Senator Y would beocme president. The candidate with the most votes in the Electoral College becomes president, as long as he or she has a majority of the electoral votes.
Which Amendment gave women the right to vote? (Answer: Amendment)
Amendment: 19th Amendment
North Dakotans have threatened to leave the Union because they no longer want to pay taxes. To keep North Dakota as part of the United States, the president has declared war on the state.
Can the president declare war on a state?
>Art. I
>Sec. 8
>Cl. 11
>Answer: NO
>The president cannot declare war. Only Congress has the power to declare war. (Only on a foreign nation or country)
Congress has recently decided to build a new playground, swimming pool, and park in a few major cities. The residents of the areas designated for the new parks have 30 days to find new housing. The government is not paying them for their homes because the facilities will be open for use by everyone and are for the “common good.”
Can Congress take people’s homes for the “common good” without compensating them?
(Answer: Amendment)
>Amendment 5
>Answer: NO
>If Congress wants to take private property for public use, it can do so only if it pays people a fair price for their homes.
Congress is angry with the president because they feel that he does not work hard enough. Both houses of Congress have voted to lower his salary, beginning with his next paycheck.
Can Congress lower the president’s salary, effective immediately?
>Art. II
>Sec. 1
>Cl. 7
>Answer: NO
>Congress can raise or lower the president's salary, but the salary cannot be changed during the current term.
Your uncle just celebrated his 30th
birthday. Can he run for the House
of Representatives?
Article: I
Section: 2
Answer: Yes
“No Person shall be a Representative who shall not have attained to the Age of twenty five Years.”
A candidate you strongly support
was just elected senator. How many
years must pass until this candidate
can be reelected?
Article I
Section 3
Answer: 6 years
“The Senate of the United States shall be composed of two Senators from each State . . . for six Years.”
The media are reporting a raise in
federal income tax for the coming
year. Where did the proposal for this
new tax originate?
Article I
Section 7
Answer: the House of Representatives
“All Bills for raising Revenue shall originate in the House of Representatives.”
Troops from a foreign country have
invaded Oregon. Which branch of
government has the power to declare
war against this aggressor?
Article I
Section 8
Answer: Congress
“The Congress shall have power . . . to declare War.”
The United States and another country
recently agreed to a treaty on
arms reductions. Who has the power
to make such a treaty with a foreign
country?
Article II
Section 2
Answer: the president, with approval of the Senate
“He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties.”
The president appointed a new
ambassador to Haiti. Who must approve
this appointment before it can
take effect?
Article II
Section 2
Answer: the Senate
“He shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors.”
A Supreme Court justice has announced
her retirement. Who has
the power to nominate a replacement?
Article II
Section 2
Answer: the president
“He shall nominate, and by and with the Advice and Consent of the Senate, shall appoint . . .Judges of the Supreme Court.”
The presidential candidate you favor
has been called the “youngest person
ever to run for president.” How
old must this candidate be to qualify
for the presidency?
Article II
Section 1
Answer: 35 years old
“. . . attained to the Age of thirty five Years.”
Maryland has passed a law that conflicts with a law passed by Congress.
Which law do the people of Maryland have to follow, their state law or the federal law?
>Art. VI
>Sec. 2
>Cl.
Answer:Federal (US)
>The laws of the US are considered the "supreme law of the land," so the people of Maryland would have to follow the federal law.
Who has the power to regulate trade
between states?
Article I
Section 8
Answer: Congress
“The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States.”
An argument has arisen between
two states. Who has the power to
settle this dispute?
Article III
Section 2
Answer: federal courts
“The judicial Power shall extend to all Cases . . .arising under this Constitution . . . to Controversies between two or more States.”
After law school, your hope is to
someday serve on the Supreme
Court. How long would your term of
service be?
Article III
Section1
Answer: for life
“The judges, Both of the supreme and inferior Courts, shall hold their Offices during good Behaviour.”
Most senators are opposed to a treaty the president has signed that would make Canada the 51st state. The president has said that the treaty will go into effect anyway.
Can the president put a treaty into effect if most senators are opposed to it?
>Art. II
>Sec. 2
>C. 2
>Answer: NO
>The president has the power to make treaties with other countries, but treaties can go into effect only with the approval of two-thirds of the Senate.
The president died of pneumonia at the end of the second year of his term. The vice president assumed the presidency and served for two years before she was reelected. She then served a full term in office and wants to run again.
Can the former vice president, who is now president, run for a third term in office? (Answer: Amendment)
>Answer: YES
>If the president has served two years of the former president's term, and was then reelected and served one four-year term, he or she is eligible to run for one additional term. A president can be elected to two full terms or to only one full term if he or she has served more that two years of a former president's term.
Spain would like to make the vice president of the United States the duke of Andalusia. No one in Congress supports this because they see it as a conflict of interest.
Can the vice president accept the title of duke of Andalusia while he holds the office of U.S. vice president?
>Art. I
>Sect. 9
>Cl. 8
>NO
>No person holding an office in the US can accept a title from any king, prince, or foreign state without the consent of Congress. So the vice-president cannot keep his office and hold the title of duke of Andaluisia unless he gets Congress's approval.
What is the vice president’s only
constitutional responsibility?
Article I
Section 3
Answer: president of the Senate
“The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.”
A state’s governor recently denounced
the U.S. government publicly
during a speech. Can this governor
be tried for treason?
Article III
Section 3
Answer: No
“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”
There has been talk of a new amendment
allowing foreign-born citizens
to run for president. Who would
have the power to propose this
amendment?
Article V
Answer: Congress
“The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution.”
Who has the power to approve or
veto legislation?
Article I
Section 7
Answer: the president
“Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States; If he approve, he shall sign it, but if not he shall return it.”
If a vice president were to commit a
federal offense, who has the power
to impeach him or her? Who has the
power to try the impeached official?
Article I
Section 2 & 3
Answer: the House of Representatives can impeach; the Senate tries the impeachment
“The House of Representatives . . . shall have sole Power of Impeachment.”
“The Senate shall have sole Power to try all Impeachments.”
The president of the United States was impeached by the House for stealing money from the U.S. Treasury. The Senate found him guilty of the crime and voted to remove him from office. Now the Senate wants to put the president in jail for 10 years.
Can Congress jail the president?
>Art. I
>Sec. 3
>Cl. 7
>Answer: NO
>The Senate has the power to remove the president from office if they find him guilty of a crime. But their judgment cannot extend beyond removal from office and disqualification to hold any further offices in the U.S. government.
The Supreme Court is hearing a case about the constitutionality of a wartime draft that was instituted because of a shortage of soldiers. Some people claim the draft is unconstitutional.
Does Congress have the power to institute a draft?
>Art 1
>Sec 8
>Cl. 11
>Answer: YES
>Raising and supporting an army is a power given to Congress, so it is reasonable for Congress to institute a draft in order to carry out this power.
Congress has decided to create three new lower federal courts. The federal judges that will serve on the courts will hold their offices for six-year terms. One of the new federal judges claims this is unconstitutional.
Is it constitutional to limit a federal judge to a six-year term?
>Art. III
>Sec. 1
>Cl.
>Answer: NO
>Both superior and inferior federal judges hold their offices during "good behavior." A six-year term is unconstitutional because a federal judge holds the office for life.
Congress has adjourned for the year and the members are in their home states enjoying the winter holidays with their families. In the meantime, the United States has been attacked. The president calls Congress back into session to ask for a declaration of war.
Can the president call Congress back into session because the country is under attack?
>Art. II
>Sect. 3
>Cl.
>Answer: YES
>The president has the power to convene both houses of Congress on "extraordinary occasions," such as the US being attacked.
The state legislatures of Oregon, Washington, Idaho, and Montana have all voted in favor of becoming one large state. They plan to join all the national parks in their states to form the largest national park in the world.
Can separate states join together to form one larger state?
>Art. IV
>Sec. 3
>Cl. 1
>YES
>Separate states can join to become one larger state as long as they have the approval of each state's legislature and of Congress.