23. Article IV, Section 1 of
the U.S. Constitution says "Full Faith and Credit shall be given
in each State to the public Acts, Records, and judicial Proceedings of
every other State; And the Congress may by general Laws prescribe the
Manner in which such Act, Records and Proceedings shall be proved, and the
Effect thereof". In your opinion, does this language require
other states to recognize the Massachusetts "same sex" marriage
procedures?
24. Article V, Section 4 says
"The United States shall guarantee to every State in this Union a
republican Form of Government, and shall protect each of them against
Invasion". In your view, what is the Federal government required
to do in response to the invasion of illegal aliens which has particularly
affected such states as California, Arizona, and Texas, among others?
25. Article VI says "This
Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under
the Authority of the United States, shall be the supreme Law of the Land".
In your view, does this require that treaties ratified by the U.S. Senate
are the "supreme Law of the Land", even when such treaties are
in conflict with provisions of the U.S. Constitution?
26. The First Amendment to
the Constitution stipulates that "Congress shall make no law
respecting an establishment of religion". (a) Do you agree that
this language was included in the Constitution to prevent any interference
by the Federal government in the establishments of religion which existed
by authority of the legislatures of the several states which had joined in
ratifying the Constitution? (b) In your view, are different
interpretations of this clause valid for purposes of Constitutional
interpretation?
27. The Second Amendment says
"A well regulated Militia, being necessary to the security of a
free State, the right of the people to keep and bear arms, shall not be
infringed". Do you believe that in light of this language any or
all of Federally-enacted gun control laws are Constitutionally valid?
28. According to the Fourth
Amendment, "The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon probably
cause, supported by Oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized".
(a) Do you believe that any branch of the Federal government has the
authority to violate the Fourth Amendment for any reason whatsoever? (b)
Do you believe that the requirements of the Fourth Amendment have ever
been violated by the Federal government, if so, when, by whom, and in what
circumstances?
29. The Fifth Amendment says
that "nor shall any person be subject for the same offence to be
twice put in jeopardy of life or limb". Was not this provision
set aside in the Rodney King case when law enforcement personnel were
prosecuted for the same alleged offense under both state and Federal law?
30. The Sixth Amendment
requires that "In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an impartial jury of the
State and district wherein the crime shall have been committed".
(a) How do you interpret the term "speedy"? (b) When, in
accordance with your definition, this provision is violated, what should
be the remedy?
31. The Eighth Amendment says
that "cruel and unusual punishments" may not be
inflicted. How would you define a cruel and unusual punishment?
32. The Tenth Amendment says
that "The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the
Sates respectively, or to the people". (a) When powers which
Constitutionally ought be reserved to the states are usurped by the
Federal government, what remedy is available to states thus aggrieved? (b)
Is nullification a valid response? (c) Is interposition an appropriate
response?
33. The Thirteenth Amendment
says that "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, or any place subject to their
jurisdiction". In your view, does adherence to this amendment
preclude the possibility of a military draft?
34. Many people have
questioned the inclusion of the Fourteenth Amendment in the U.S.
Constitution, inasmuch as part of a conditional readmission to the Union
certain southern states were required to ratify this amendment. In
addition, in some cases, ratification was enforced at the point of a gun
by occupying military troops. (a) Do you think the Fourteenth Amendment
was properly ratified? (b) If not, do you believe it should be enforced?
35. The Fourteenth Amendment
says that no state may "deprive any person of life, liberty, or
property, without due process of law". (a) In your view, at what
point does the unborn child qualify for consideration as a person? (b) At
such point, does it become unconstitutional to deprive any such person of
life without such person having been duly convicted of a crime by a jury
of his or her peers?
36. The Fourteenth Amendment
also says that no person shall be denied "the equal protection of
the laws". In your view, does this make affirmative action laws
unconstitutional?
37. The Sixteenth Amendment
says that "The Congress shall have power to lay and collect taxes
on incomes, from whatever source derived, without apportionment among the
several States, and without regard to any census or enumeration".
How do you define the term "incomes"?
38. The Nineteenth Amendment
says "The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on account of
sex". Does this use of the word "sex" refer exclusively
to gender, or can it be construed to cover sexually activity?
39. The XXVII Amendment to
the Constitution says "No Law, varying the compensation for the
services of the Senators and Representatives, shall take effect, until an
election of Representatives shall have intervened". Despite this
language, which seems to preclude members of Congress from accepting pay
increases recommended by commissions or operating in reliance on changes
in the cost of living, are violative of the Constitution.
