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CONSTITUTIONAL CURIOSITIES: A TWENTY-ONE QUESTION SCAVENGER HUNT This exercise is intended to make reading the Constitution a little livelier.

None of this, by the way, will show up on the final exam. I simply want you to get used to the idea of reading the Constitution itself. All answers to the questions below may be had by consulting the text of the United States Constitution, which appears in the appendix of the casebook. 1. Of which state are you a citizen? California. 2. Are you eligible for the House of Representatives? The Senate? The Presidency? If not, why not? House of Representatives Yes, must be 25 years old. SenateNo, must be 30 years old. Presidency No, must be 35 years old. 3. Bill Dodge, son of two United States citizens, was born in Niger during his parents African travels. Ousseini Abdoulaye was born in Niger on the very same day; Ousseinis parents, however, were citizens of Niger. Ousseini later moves to the United States and becomes a United States citizen. Assume that both Bill and Ousseini are 40 years old and have lived in the United States for at least last 20 years. Is either Bill or Ousseini eligible to serve as President? No, Ousseini cannot because must be a natural born citizen or born to parents who are both citizens. Bill is eligible, being born to naturalized US citizens. 4. The original Constitution contemplated the continuation of slavery in those states that permitted slavery as of 1787. Find the first instance of the word slave or slavery in the Constitution. If you dont find either of these words in the original Constitution, what are the hints that the original Constitution contemplated and tolerated slavery? The word slavery is found in the 13th Amendment, Section 1, which says Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States. 5. Assume that the free population of South Carolina in 1850 was 1 million, that its slave population was 500,000, and that its untaxed Indian population was 100,000. For purposes of determining South Carolinas representation in the House and direct tax obligations to the federal government, what was the population of South Carolina? Population of South Carolina for those purposes was 1,300,000. 6. The Constitution refers to only three types of unlawful behavior, and a fourth may be inferred from the text of a general prohibition. Name all four. Punish Piracies and Felonies committed on the high seas, and offenses against the law of nations. Treason against the United States. Transportation or 1 1

importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors. Blanket prohibition of slavery in the 13th amendment by enslaving a fellow human being. 7. Does the Constitution contemplate capital punishment? Where? Which provision or provisions would you invoke if you wished to attack the constitutionality of the death penalty? 5th and 14th amendments both speak of deprivations of life, liberty, or property, without due process of law. 5th amendment also speaks of capital crimes, and the prospect of a person.. put in jeopardy of life or limb. 8th amendments ban on cruel and unusual punishments. 8. What is the only use of the word right in the original Constitution? The Congress shall have Power . . . To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries . . . . Art. I, 8, cl. 8. 9. When is Inauguration Day? Is it the same as the first day of a new congressional term? January 20, set forth by 20th amendment. First day of a new congressional term is January 3. 10. What is the maximum time anyone may serve as President? 10 years. 2 whole terms, plus 2 years from a previous president whos elected. nd 22 amendment. 11. What is the only part of the Constitution that may never be amended? Article V prohibits any amendment that nonconsensually changes equal Suffrage among the states in the Senate. 12. Speaking of amendments, name the commercial activity that the Framers of the Constitution declared off-limits to regulation via constitutional amendment until 1808 (i.e., 21 years after the framing of the original Constitution). The slave trade. 13. Still speaking of amendments, how can they be made? (Name two methods.) Passage by 2/3 in both houses of Congress or by a Constitutional convention called upon the application of 2/3rds of the states. 14. Jos and Maria Nazarena are citizens of El Salvador. They enter the United States illegally. Maria then gives birth to Jesus in Bethlehem, Pennsylvania. Consulting only the Constitution, name one country of which Jesus is a citizen. The United States. 15. In a fit of pique, the President decides to skip this years State of the Union address. As White House legal counsel, what do you advise? It is not an annual requirement. States from time to time. 16. In a fit of pique (probably provoked by the flap over the State of the Union address), the House begins debating a bill to cut the Presidents pay and Supreme Court Justices pay. As counsel to the Speaker of the House, what do you advise? Pay cuts for the President and Justices of the Supreme Court are 2 2

unconstitutional. 17. Before 1913, who chose Senators? After 1913? Before 1913 State legislatures. After 1913 The People. 18. Rose Perot, a candidate for the House of Representatives, plans to issue a campaign promise to oppose any Supreme Court nominee who will not commit to upholding a womans right to abortion. As Roses campaign manager, do you run the ad? (Base your answer strictly on your interpretation of the Constitution, not on any political considerations.) House members do not provide any formal advise and consent on Supreme Court appointments. 19. Jessie Ventura-Boulevard ultimately defeats Rose Perot in a hotly contested race for Congress. The victorious Jessie now represents Texas in the House of Representatives. Her political lone star having risen swiftly, she now seeks a national political platform. She would like to be the running mate of her fellow Texan, Governor George W. Shrub, the Reform Party nominee for President. As Jessies political adviser, can you point out the constitutional flaw in the congresswomans vice-presidential ambitions? The 12th amendment establishes the Electoral College that casts the actual votes for President and Vice-President. The first sentence of that provision requires that at least either the presidential candidate or the vice-presidential candidate shall not be an inhabitant of the same state as the elector casting the vote. The need for a running mate from a different state is therefore not only politically wise but also, practically speaking, constitutionally dictated. 20. How much Hawaiian money do you have in your purse or wallet? There is no such thing as Hawaiian money, only US currency. 21. Speaking of purses, your cousin Rhonda left hers at your recent family reunion. Upon rifling through the purse, you discover a certified mail receipt, a Confederate $10 bill, a District of Columbia drivers license, a copy of the Koran, and a Susan B. Anthony dollar. Whatever their market value, these items make up a constitutional treasure trove. Find any and all constitutional provisions that relate to the contents of Rhondas purse. Incidentally, does it make a constitutional difference if you open the purse in your capacity as an FBI agent or if you are simply a nosy busybody? Confederate currency, scrip, and bonds are valueless per constitutional decree. See 14th amendment, 4. The D.C. license evokes Congresss power to legislate for such District that serves as the Seat of the Government of the United States. Art. I, 8, cl. 17. It also entitles cousin Rhonda to vote in presidential elections. See 23d amendment. The Koran is a subject of the free exercise clause of the first amendment. The dollar coin exists by virtue of the federal monopoly over coinage. See art. I, 8, cl. 5; cf. art. I, 10, cl. 1. The depiction of Susan B. Anthony pays tribute to the 19th amendment, which guarantees female suffrage. Finally, if you do 3 3

open the purse in your capacity as an FBI agent, you will trigger Rhondas constitutional interest against unreasonable searches and seizures. See 4th amendment.

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