Articles by James Caldwell

Constitutional FAQ Answer #32 | Question Index | Subject Index | Constitutional Index | Next Question>> In follow-up to Question 31 : Q32. “I didn’t find myself enlightened by the answer…. Perhaps a better way to phrase the question would be, why couldn’t an income tax be levied without the...

Constitutional FAQ Answer #33 | Question Index | Subject Index | Constitutional Index | Next Question>> Q33. “I am a law student from Guatemala who needs to know how many constitutions has had America since its independence. That is the question whose answer is being impossible to find.” A....

Constitutional FAQ Answer #34 | Question Index | Subject Index | Constitutional Index | Next Question>> Q34. “I have been challenged to find the text of a thirteenth amendment which was proposed but not ratified. I believe it derives from the Crittenden Compromise and came about in 1860-1861.”...

Constitutional FAQ Answer #35 | Question Index | Subject Index | Constitutional Index | Next Question>> Q35. “Article I section 2 clause 3, states that each state will have one representative for every thirty thousand. This is obviously no longer true and the house is limited to 435. I can not...

Constitutional FAQ Answer #24 | Question Index | Subject Index | Constitutional Index | Next Question>> Q24. “I am doing a debate soon on whether smoking should be banned from public buildings. I was assigned to be the affirmative side and support the ban. I was trying to think of some arguments...

Constitutional FAQ Answer #25 | Question Index | Subject Index | Constitutional Index | Next Question>> This is part one of a three-part question pertaining to the “Nanny Trial” in Fall, 1997. Q25. “As a British national, what constitutional rights, if any, is Louise Woodward entitled to?”...

Constitutional FAQ Answer #26 | Question Index | Subject Index | Constitutional Index | Next Question>> This is part two of a three-part question pertaining to the “Nanny Trial” in Fall, 1997. Q26. “By what authority did Judge Zobel overrule the jury? The 7th amendment seems to prohibit...

Constitutional FAQ Answer #27 | Question Index | Subject Index | Constitutional Index | Next Question>> This is part three of a three-part question pertaining to the “Nanny Trial” in Fall, 1997. Q27. “And also, what rights do Deborah and Sunil Eappen have as relatives of the victim? Could...

Constitutional FAQ Answer #28 | Question Index | Subject Index | Constitutional Index | Next Question>> Q28. “What exactly does the last amendment regarding representatives and senators pay mean?” A. It basically boils down to this: The members of the House and Senate may give themselves a...

Constitutional FAQ Answer #29 | Question Index | Subject Index | Constitutional Index | Next Question>> Q29. “I have heard somewhere that a women can’t become President of USA. Please reply to me whether it is true or not.” A. The question arises because of the use of the masculine pronouns...

Constitutional FAQ Answer #3 | Question Index | Subject Index | Constitutional Index | Next Question>> Q3. “Do you know of a site in which to download a ‘clean’ copy of the constitution?” A. Well, I’m not sure what you mean by a “clean” version – maybe a version with no HTML in it,...

Constitutional FAQ Answer #19 | Question Index | Subject Index | Constitutional Index | Next Question>> Q19. “In Article 2, Section one, it states that someone can be president if they ‘have been a 14 years resident within the United States.’ Also, in Article 1, Sections 2 and 3, it states...

Constitutional FAQ Answer #2 | Question Index | Subject Index | Constitutional Index | Next Question>> Q2. “[I] am trying to find out if presidential elections are held during war?” There is nothing in the Constitution that addresses this question directly, which essentially means that...

Constitutional FAQ Answer #20 | Question Index | Subject Index | Constitutional Index | Next Question>> Q20. “How old must the VP be? If the VP is less than 35 and the President dies and the VP is sworn in as President, who determines if he is eligible for the office?” A. The age of the Vice...

Constitutional FAQ Answer #21 | Question Index | Subject Index | Constitutional Index | Next Question>> Q21. “Do you know of any writers of the Constitution? If you do please tell me some and what they did for it.” A. The Constitution was written by a committee over the course of several...

Constitutional FAQ Answer #22 | Question Index | Subject Index | Constitutional Index | Next Question>> Q22. “What is habeas corpus? What does a writ of habeas corpus do?” A. Habeas corpus is a pretty tricky legal concept. Its most common practical effect in U.S. law is that no person can be...

Constitutional FAQ Answer #23 | Question Index | Subject Index | Constitutional Index | Next Question>> Q23. “What are the conditions needed for a Constitutional Convention, and when was the last one held?” A. The Constitution itself has details about the calling of a Constitutional Convention,...

Constitutional FAQ Answer #160 | Question Index | Subject Index | Constitutional Index | Next Question>> Q160. “In some blog posts lately, I’ve heard that Hillary Clinton can’t be Secretary of State, but some other posts say she can be because of the Saxbe Fix. What’s this all about?” A....

Constitutional FAQ Answer #161 | Question Index | Subject Index | Constitutional Index | Next Question>> Q161. “Your site says that the Constitution has been changed 18 times, but there are 27 amendments. What gives?” A. There are, indeed, twenty-seven amendments to the Constitution. The first...

Constitutional FAQ Answer #162 | Question Index | Subject Index | Constitutional Index | Next Question>> Q162. “I was wondering if there is anywhere in the Constitution that says Congress cannot pass laws that don’t pertain to themselves. If this is some place else please let me know where to...