US Constitution 1
FEDERAL GOVERNMENT
FEDERAL GOVERNMENT
Under the Us Constitution, How is a Vice president replaced?
The vice president is replaced by designation of the president and confirmed by a majority in the house of representatives and the senate.
Does the constitution provide defendants who cannot afford a lawyer with attorneys to handle their defense?
Yes, defendants charged with serious crimes have a right to free council under the sixth amendment.
Can residents of the District of Columbia vote in presidential elections?
yes, these residents can vote only for president although is not a state.
Is the fifth amendment limited to testimony given in a courtroom?
No, the Supreme court ruled that the safeguard also extends when someone is detained by a police officer.
Can the vice president vote in the Senate?
Yes, but only to break a tie. Article 1, Section3.
Under the Constitution, How long a term do Supreme Court justices serve?
There is no fixed term. A justice should serve until he retires or considers he is no longer fit to serve.
Does the constitution allow the death penalty?
Yes, although the 8th amendment prohibits cruel punishment.
Is it possible for presidential and vice presidential candidates on the same ticket to receive a tie vote in the electoral college?
Not any longer,the 12th amendment established that electors would vote separately for these candidates.
Can the federal government regulate the business of a manufacturer that produces musical instruments only in California?
Probably, due to the fact that most materials used for the production of the instruments were finished across state lines. The commerce clause of article 1, Section 8 gives congress the right to regulate commerce across state lines.
Does the constitution provide that there must be twelve jurors on every jury?
No,it refers to an impartial jury but does not specify a number.
Can a political party limit participation in its primaries by race?
No, based on the fifth amendment
Why can't a President reject only a part of a Bill without having to reject all of it?
Because Bills must be presented in their entirety to the president for its signature or veto.
Can the Government declare an act a crime after it has been committed?
No. Article 1, Section 9, of the constitution prohibits ex post facto laws, after the fact laws.
Is it legal for police to detain someone without evidence "Stop and Frisk"?
Yes, the fourth amendment only prohibits unreasonable search and seizure.
Does the Bill of rights apply to the states as well as to the federal government?
In part but not as a whole. The due process clause of the 14th amendment is part of the incorporation.
If a State does not allow divorces in its jurisdiction, must it accept divorces from other states?
Yes, under article IV, Section 1, each state must respect the rules and laws of other states."full faith and credit"
Is the federal government limited to those powers that are enumerated in the constitution?
Yes. Article 1, Section 8, enumerates a broad range of powers speciacally assigned to the federal government, but clause 18 also authorizes Congress to pass all laws that are necessary and proper.
How can a federal judge declare a state law unconstitutional?
Any law that is conflicting with a federal rule on the same subject. "Supremacy clause"
How could Jeannette Rankin have served in Congress before the 19th Amendment was adopted (woman suffrage)?
Because the constitution never prohibitted women from voting or being elected. it was left to the states to decide this and as a result the state of Montana changed its law in 1916 and this allowed her to be elected.
Does the constitution give the Supreme court the right to declare acts of congress unconstitutional?
The constitution does not say yes specically, but it has been interpreted by the courts that the Supreme court oversees all laws passed by congress and decide whether they constitutional or not.