Constitutional FAQ (Constitution Order)
The U.S. Constitution On-Line has been online in one form or another since 1995. In that time, I have have had a lot of questions asked of me about the Constitution. This page, and the ones it links to, are a compilation of the best of those questions.
This page lists the questions in the order of the Constitution Itself. You can also see the questions grouped by subject and in their original, as-asked order. Also available are answers to questions about the structure of or details about the Constitution, and pointers to find the answer yourself.
Finally, after you explore the FAQ, you are welcome to ask your own questions, either by emailing the Webmaster or by posting a message to a Constitution Message Board. Either way, I will answer your question to the best of my ability, and your question may find its way here.
The National Archives has a Q&A page that is full of answers to questions about the Constitution's history and its mechanics. Check it out, too.
These answers were written over a number of years - if you find out-of-date information, please contact the Webmaster. These answers were written by the Webmaster, and you can view his credentials.
The Preamble
Article 1 - The Legislative Branch
- What can't Congress do?
- What parts of the Constitution relate to economics?
- Questions about residency requirements for federal elected office.
- What is habeas corpus?
- How is the per-representative population determined?
- Where in the Constitution is slavery implied?
- Why was the power to coin money given to the Federal Government?
- Can an ex-President be in Congress?
- What are the powers of the Vice President in the Senate?
- What government body elects the President?
- How many members of Congress are there?
- What kind of questions do I have to answer for the Census?
- Who can declare war?
- Who has the legal authority to cancel a treaty?
- Isn't calling a judge "your honor" like using a title of nobility?
- What is the impeachment process?
- Can the people replace the entire government?
- Can the Senate originate a spending bill?
- Can federal elected officials be recalled?
- Can Congress declare war for any reason?
- Where can I find the filibuster in the Constitution?
- Is knighthood a bar to being President?
- How is it constitutional to print paper money?
- Who is more powerful, the Congress or the President?
- If attorneys are officers of the court, how can they serve in Congress?
- What is the "Saxbe Fix" and how does it allow Hillary Clinton to be Secretary of State?
- Is Congress really exempt from many of the laws it passes?
Article 2 - The Executive Branch
- What is the line of Presidential succession?
- Questions about residency requirements for federal elected office.
- How old must a Vice President be?
- Is it true a woman cannot be elected president?
- Where is the authorization for an Attorney General?
- What is a suspensive veto?
- What is an Executive Order and can one be unconstitutional?
- Please explain the electoral process.
- Can an ex-President be in Congress?
- What happens if both the President and Vice-President resign?
- Based on the 12th Amendment, why don't we vote separately for President and Vice-President?
- Please explain how they chose Jefferson over Burr in the 1800 Presidential election.
- Is perjury a "high crime or misdemeanor"?
- Can the President and Vice-President be from different parties?
- To whom would a President tender a resignation?
- If the President is impeached, who else is affected?
- Can a sitting President be convicted of a crime?
- Can a sitting President be sued in civil court?
- What government body elects the President?
- How many electors are there?
- When do the presidential electors meet?
- Where do executive departments and agencies derive their power?
- Who can declare war?
- Who has the legal authority to cancel a treaty?
- Is treason the only crime defined in the Constitution?
- Where did the Cabinet get its name?
- Does the Vice President have the same qualifications as the President?
- Can a foreign-born Cabinet member ever ascend to the Presidency?
- Was George Washington really the first President?
- Can a president be impeached in a time of war?
- What are the requirements to be a member of the Cabinet?
- Is there any circumstance where a two-term president could be president again?
- What is a presidential signing statement?
- Is knighthood a bar to being President?
- Who is more powerful, the Congress or the President?
- How can George Washington be said to have been unanimously elected?
Article 3 - The Judicial Branch
- By what authority can a judge overrule a jury?
- Can a judge be sued in civil court for a decision in criminal court?
- What is meant by "no corruption of blood"?
- How can a trial have a change of venue to another state?
- Was President Clinton guilty of treason?
- Can the Supreme Court strike down a constitutional amendment?
- What are the duties of the Chief Justice of the Supreme Court?
- If attorneys are officers of the court, how can they serve in Congress?
Article 4 - The States
- What right do states have to regulate various professions?
- Where in the Constitution is slavery implied?
- Is the United States a Constitutional Republic?
- How would Canada go about joining the United States as a state?
- How can a state be created from within another state?
- What exactly is meant when the Constitution guarantees all states a republican form of government?
Article 5 - Amendment
- How and when is a Constitutional Convention held?
- Was there an amendment that legalized slavery?
- Why was the ERA not ratified?
- Can an amendment to the Constitution be unconstitutional?
- How is it that the Constitution has been changed so few times over the years?
- Can the Supreme Court strike down a constitutional amendment?
- What would it take to repeal an Amendment?
- Why are amendments stuck at the end of the Constitution?
- What are some of the Constitution's weaknesses?
- How many times has the Constitution been changed?
- Is Congress really exempt from many of the laws it passes?
Article 7 - Ratification
- Would the Constitution have passed without the Bill of Rights?
- I'm confused about when the Constitution was ratified.
- Is the U.S. Constitution illegal?
- Why specify conventions to ratify the Constitution?
- Are new states required to ratify the Constitution?
The Framers
- Who wrote the Constitution?
- Who actually wrote down the final draft of the Constitution?
- Who signed the Declaration of Independence, Articles of Confederation, and Constitution??
- How long did it take to write the Constitution?
- How many words are in the Constitution? In the Declaration?
- Which of the Framers served on the Supreme Court?
- What was the religious affiliation of the Framers?
- Why didn't Rhode Island send delegates to the Constitutional Convention?
- Who signed the Constitution first?
- What are the dimensions of the Constitution?
- Was the Constitution the result of plagiarism?
- What are some of the Constitution's weaknesses?
- Why was the Convention held in Philadelphia?
Amendment 1
- Can tabloids be restricted?
- Can Congress set up a journalistic ethics committee?
- Questions about teaching the Bible in public school.
- Why is tabloid journalism protected under the 1st Amendment?
- Where does the Constitution mention the separation of church and state?
- Is God ever referenced in the Constitution?
- Were Roman Catholics ever banned from being President?
- Are Moses and Mohammed really depicted in the Supreme Court?
Amendment 5
- What does the Constitution have to say about capital punishment?
- Can you go to jail for "taking the 5th"?
Amendment 8
Amendment 9
- Does the 9th Amendment allow legalized gambling?
- Is smoking protected by the ninth amendment?
- Where can I find the right to privacy in the Constitution?
Amendment 10
Amendment 11
Amendment 12
- How old must a Vice President be?
- Please explain the 11th and 12th amendments in modern terms.
- Please explain the electoral process.
- Based on the 12th Amendment, why don't we vote separately for President and Vice-President?
- Please explain how they chose Jefferson over Burr in the 1800 Presidential election.
- What government body elects the President?
- Where does it say a President and Vice President must be from different states?
- Is there any circumstance where a two-term president could be president again?
Amendment 13
Amendment 14
- What changes to the Constitution have actually changed government and society?
- What does the Constitution say about citizenship and voting rights?
- Is the 14th Amendment unconstitutional?
- Are civil rights and civil liberties the same thing?
- Does the Constitution ban discrimination based on sexual preference?
Amendment 15
- Is the 15th Amendment going to expire?
- What does the Constitution say about citizenship and voting rights?
Amendment 16
Amendment 19
- What does the Constitution say about citizenship and voting rights?
- Why was the 19th Amendment necessary?
Amendment 20
Amendment 21
Amendment 22
- Can a President serve two terms, sit out a term, and be elected a third time?
- Is there any circumstance where a two-term president could be president again?
Amendment 23
Amendment 24
Amendment 25
- What is the line of Presidential succession?
- Who is President if both the President and Vice President die?
- What happens if both the President and Vice-President resign?
Amendment 26
- Do 18-year-olds really vote for President?
- How can the 26th amendment be repealed?
- Why does the 26th amendment set the age at 18?
- What does the Constitution say about citizenship and voting rights?
Amendment 27
Miscellaneous
- Are elections held during war time?
- Is there a non-HTML version of the Constitution online?
- What is the most important change in Constitutional interpretation in U.S. history?
- What other countries have used the U.S. Constitution as a blueprint?
- What rights to foreign nationals have in the U.S. justice system?
- How many constitutions has the U.S. had?
- A dollar ain't no dollar - unless you want to give it to me...
- What is the Constitution's position on same-sex marriage, etc.?
- Was the Constitution originally written in German?
- Do American citizens have a right to disobey the law?
- What are the duties of citizens?
- What are civil rights?
- What parts of the Constitution are taken from the Bible?
- Where is the Constitution housed?
- Can the Federal Government own land?
- Where does the Constitution mention a state's right to secede?
- Is there a constitutional right to an education?
- Is there a holiday honoring the Constitution?
- Can a person dishonorably-discharged from the military be denied the right to vote?
- Is it constitutional for the NCAA to place restrictions on an athlete's right to work?
- How many words are in the Constitution? In the Declaration?
- Why is Constitution a living document?
- How is it that the Constitution has lasted over 200 years?
- Is the Constitution based on an Indian constitution?
- Is it true that the official language of the U.S. was almost German?
- What's the difference between a terrorist caught overseas and a foreign criminal caught in the U.S.?
- What are the dimensions of the Constitution?
- When does the Constitution call for a super-majority?
- When do you write "Constitution" versus "constitution"?
- What was the first constitution of the United States?
- What kind of paper is the Constitution written on?
- Are there really no confederations anymore?
- Is the U.S. government based on the Holy Trinity?