Constitutional FAQ (Subject 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 subject order. You can also see the questions in their original, as-asked order and grouped by section of the Constitution. 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These answers were written over a number of years - if you find out-of-date information, please contact the Webmaster.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 Amendments
- Is the 15th Amendment going to expire?
- Does the 9th Amendment allow legalized gambling?
- How can the 26th amendment be repealed?
- What is the most important change in Constitutional interpretation in U.S. history?
- What changes to the Constitution have actually changed government and society?
- How and when is a Constitutional Convention held?
- Is smoking protected by the ninth amendment?
- What is the 27th amendment all about?
- Please explain the 11th and 12th amendments in modern terms.
- Was there an amendment that legalized slavery?
- Can you go to jail for "taking the 5th"?
- What role does the 21st amendment play in every-day life?
- Why was the ERA not ratified?
- Can an amendment to the Constitution be unconstitutional?
- Do Americans have a Constitutional right to travel within the United States?
- Where can I find the right to privacy in the Constitution?
- Is the 14th Amendment unconstitutional?
- What would it take to repeal an Amendment?
- Is there any circumstance where a two-term president could be president again?
- 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?
The Authors/Ratification
- Would the Constitution have passed without the Bill of Rights?
- Who wrote the Preamble?
- Who wrote the Constitution?
- Was the Constitution originally written in German?
- What parts of the Constitution are taken from the Bible?
- I'm confused about when the Constitution was ratified.
- Who signed the Declaration of Independence, Articles of Confederation, and Constitution??
- How long did it take to write the Constitution?
- Which of the Framers served on the Supreme Court?
- What was the religious affiliation of the Framers?
- Is the Constitution based on an Indian constitution?
- Why didn't Rhode Island send delegates to the Constitutional Convention?
- Who signed the Constitution first?
- Was the Constitution the result of plagiarism?
- Why specify conventions to ratify the Constitution?
- Why was the Convention held in Philadelphia?
- Is the U.S. government based on the Holy Trinity?
- Are new states required to ratify the Constitution?
- What is the "Saxbe Fix" and how does it allow Hillary Clinton to be Secretary of State?
Congress
- What can't Congress do?
- Questions about residency requirements for federal elected office.
- How is the per-representative population determined?
- 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?
- When is inauguration day?
- What government body elects the President?
- How many members of Congress are there?
- Who can declare war?
- Who has the legal authority to cancel a treaty?
- 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?
- 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?
The Census
- What kind of questions do I have to answer for the Census?
- Where can I find the right to privacy in the Constitution?
The Constitution
- What parts of the Constitution relate to economics?
- What is the most important change in Constitutional interpretation in U.S. history?
- What changes to the Constitution have actually changed government and society?
- What is habeas corpus?
- How and when is a Constitutional Convention held?
- What rights to foreign nationals have in the U.S. justice system?
- Is the Preamble considered law?
- Can an amendment to the Constitution be unconstitutional?
- How is it that the Constitution has been changed so few times over the years?
- Is there a holiday honoring the Constitution?
- Who actually wrote down the final draft of the Constitution?
- How many words are in the Constitution? In the Declaration?
- Is the U.S. Constitution illegal?
- Why is Constitution a living document?
- How is it that the Constitution has lasted over 200 years?
- Who can declare war?
- Is treason the only crime defined in the Constitution?
- What is the impeachment process?
- What are the dimensions of the Constitution?
- Was the Constitution the result of plagiarism?
- Is God ever referenced in 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?
- Why are amendments stuck at the end of the Constitution?
- What kind of paper is the Constitution written on?
- What are some of the Constitution's weaknesses?
- Is knighthood a bar to being President?
- Is the U.S. government based on the Holy Trinity?
- Who is more powerful, the Congress or the President?
- How many times has the Constitution been changed?
Current Affairs
- What does the Constitution have to say about capital punishment?
- What parts of the Constitution relate to economics?
- Does the 9th Amendment allow legalized gambling?
- Questions about residency requirements for federal elected office.
- Is smoking protected by the ninth amendment?
- What is the 27th amendment all about?
- How does the 16th amendment make income taxes possible?
- Why was the 16th amendment needed?
- What is the Constitution's position on same-sex marriage, etc.?
- Questions about teaching the Bible in public school.
- Do American citizens have a right to disobey the law?
- How can a trial have a change of venue to another state?
- Why was the ERA not ratified?
- Where does the Constitution mention the separation of church and state?
- What happens if both the President and Vice-President resign?
- Is perjury a "high crime or misdemeanor"?
- 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?
- Was President Clinton guilty of treason?
- Where do executive departments and agencies derive their power?
- Who can declare war?
- Who has the legal authority to cancel a treaty?
- What's the difference between a terrorist caught overseas and a foreign criminal caught in the U.S.?
- Can the people replace the entire government?
- Can a president be impeached in a time of war?
- Can federal elected officials be recalled?
- Is God ever referenced in the Constitution?
- Does the Constitution ban discrimination based on sexual preference?
- Can Congress declare war for any reason?
- Where can I find the filibuster in the Constitution?
- What are the duties of the Chief Justice of the Supreme Court?
- What is a presidential signing statement?
- What is the "Saxbe Fix" and how does it allow Hillary Clinton to be Secretary of State?
The Judiciary
- What rights to foreign nationals have in the U.S. justice system?
- By what authority can a judge overrule a jury?
- Can a judge be sued in civil court for a decision in criminal court?
- Can you go to jail for "taking the 5th"?
- How can a trial have a change of venue to another state?
- Which of the Framers served on the Supreme Court?
- Isn't calling a judge "your honor" like using a title of nobility?
- Can the Supreme Court strike down a constitutional amendment?
- What are the duties of the Chief Justice of the Supreme Court?
- Are Moses and Mohammed really depicted in the Supreme Court?
- If attorneys are officers of the court, how can they serve in Congress?
The Presidency
- What is the line of Presidential succession?
- 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.
- Who is President if both the President and Vice President die?
- 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.
- Can a President serve two terms, sit out a term, and be elected a third time?
- 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?
- When is inauguration day?
- What government body elects the President?
- How many electors are there?
- Where does it say a President and Vice President must be from different states?
- 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?
- 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?
- Were Roman Catholics ever banned from being President?
- 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?
The Press
- Can tabloids be restricted?
- Can Congress set up a journalistic ethics committee?
- Why is tabloid journalism protected under the 1st Amendment?
Slavery
Suffrage
- Do 18-year-olds really vote for President?
- Are elections held during war time?
- How can the 26th amendment be repealed?
- Why does the 26th amendment set the age at 18?
- Please explain the electoral process.
- Can a person dishonorably-discharged from the military be denied the right to vote?
- Based on the 12th Amendment, why don't we vote separately for President and Vice-President?
- What does the Constitution say about citizenship and voting rights?
- Where does it say a President and Vice President must be from different states?
- Is it true that the official language of the U.S. was almost German?
- Why was the 19th Amendment necessary?
Your Rights
- Is smoking protected by the ninth amendment?
- What rights to foreign nationals have in the U.S. justice system?
- Can you go to jail for "taking the 5th"?
- What right do states have to regulate various professions?
- What is meant by "no corruption of blood"?
- How can a trial have a change of venue to another state?
- Do Americans have a Constitutional right to travel within the United States?
- Is there a constitutional right to an education?
- Is it constitutional for the NCAA to place restrictions on an athlete's right to work?
- Where can I find the right to privacy in the Constitution?
- Are civil rights and civil liberties the same thing?
- Can the Supreme Court strike down a constitutional amendment?
- Does the Constitution ban discrimination based on sexual preference?
- Why was the 19th Amendment necessary?
Miscellaneous
- Is there a non-HTML version of the Constitution online?
- What other countries have used the U.S. Constitution as a blueprint?
- By what authority can a judge overrule a jury?
- Can a judge be sued in civil court for a decision in criminal court?
- How many constitutions has the U.S. had?
- Can you provide some detail about a so-called "missing 13th amendment"?
- How is the per-representative population determined?
- A dollar ain't no dollar - unless you want to give it to me...
- Was the Constitution original written in German?
- Do American citizens have a right to disobey the law?
- What right do states have to regulate various professions?
- What are the duties of citizens?
- Is the draft unconstitutional?
- 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 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?
- Are there really no confederations anymore?
- What exactly is meant when the Constitution guarantees all states a republican form of government?