Journal pudge's Journal: Pop Quiz 9
Pick the statement below that makes the sentence true.
There is only one correct answer.
"The Constitution of the United States
a. "... requires a complete separation of church and state."
b. "... creates three coequal branches of the federal government."
c. "... limits the federal government to using only those powers which are defined (or implied) by the Constitution."
d. "... gives a minority in the Senate the authority to block Senate action by filibuster."
e. "... provides that the accused shall be tried by a jury of peers."
Cross-posted on <pudge/*>.
Answer: "F" (Score:2)
At least if you buy in to the "living constitution" dogma.
Who cares exactly WHAT the thing says if *I* can read in to it whatever I want? Who cares what the constitution has to say about guns? I can say: "well, there are far more guns today than the founders thought possible and they are a danger to society as a whole" and find exceptions to the constitutional mandate on guns and rationalize it away. I mean, really! Who needs the amendment process? Just read in to the document what yo
Re: (Score:2)
Several answers are close variations to actual statements, or contained in ammendments, and are thus not part of the Constitution proper, for all they have equal weight.
None of the above (maybe e) (Score:1)
a) The establishment clause of the first amendment is claimed by many to codify "separation of church and state", however, it simply prevents congress from establishing a state church.
b) The constitution cr
I was going to go with "c"... (Score:2)
For "c", I would rely on the statement (paraphrased) that those powers not explicitly assigned to the federal government are reserved to the states or to the people.
Re: (Score:2)
On "e", the Constitution establishes the right to trial by jury, but does not require it. Trial before a judge alone is not all that uncommon.
Yes, e. is wrong for two reasons. First, because as you caught, it is a right, not a requirement; second, because "peers" is never mentioned in the Constitution.
For "c", I would rely on the statement (paraphrased) that those powers not explicitly assigned to the federal government are reserved to the states or to the people.
Correct, it is C.
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Because we all know rules are subjective.
Re: (Score:2)
Granted part of this depends on how you interpret the question. Are amendments considered part of the constitution?
I don't see how they possibly could be considered NOT a part of the Constitution, unless I had framed my question in a specific historical context.
a) The establishment clause of the first amendment is claimed by many to codify "separation of church and state", however, it simply prevents congress from establishing a state church.
Correct.
b) The constitution creates three branches of government. Nothing implies that they are equal. In fact, congress many times seems like it was meant to the be most powerful branch as the representative branch of the government. That and about 1/4 of the constitution itself addresses issues with congress.
Correct.
c) The 10th amendment actually comes closest to limiting the power of the federal government. This would most closely be the one true answer, but again depending on the whether you are considering amendments to be part of the of constitution. Granted we also find the general welfare clause in the preamble to be widely interpreted to give the federal government powers beyond what is specifically given.
Yes, but it is quite clear that the "general welfare" clause, but any fair and honest reading of the historical record, was not intended to give broad powers to the federal government. There is no rational debate on that subject.
d) Each house may determine the rules of its proceedings, therefore it is simply rules of the senate that require more than 50% to close debate on a subject.
Correct.
e) While granted the right to trial by jury there are not requirements about how the jury is to be composed. I suppose this is likely the one that you are saying completes the sentence best though.
Oh, come now, FroMan, you were SO CLOSE! If c. is only true with the 10th Amendment, then how could e. b
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At least the copy I was looking at (which was heavily annotated so I may have been misreading) has this under the article on the judical branch.
Article III Section 2:
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall h
Re: (Score:2)
Article III Section 2: ...
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
I was thinking that only applied to federal criminal cases, but on another look, now I am not sure. I THINK it is, but ... dunno. Of course, the Sixth Amendment originally applied to the federal government, but was later incorporated to the states via the 14th Amendment, but Article III does not establish a right: it uses different langauge. And the 14th incorporates rights.
Anyway! It's beside the point and I don't have time to dig deeper into it.
... knowing the amendments are included in the original question makes it much easier to answer.
Yeah, but when left unqualified or not in a specific c