13 July 2010 @ 12:28 pm
Testing Your Constitution, or Check Your Facts
This started in [livejournal.com profile] james_nicoll's post here, but I like the idea, so I'm going to run with it. This is primarily for Americans (as defined broadly--citizens, naturalized aliens, illegal immigrants...anybody who would have a reason to particularly care)...

From memory, without references, how many Amendments to the United States Constitution can you identify/explain?

There are 27. It's enough to give what the Amendment is commonly referred to as. (Except that you can't say the First Amendment is "the First Amendment" or the like, of course.)

Bonus points for identifying/explaining Articles of the Constitution itself. There are 7 of those. There are also some particularly important Sections of those Articles, and indeed some pretty major Clauses--just knowing what they are and what they do, no need to number them.

Here's my list:

1: Freedom of speech and the press, peaceful assembly, separation of church and state.
2: Right to bear arms.
3: No quartering troops in private homes.
4: No unauthorized search and seizure, no warrants without probable cause.
5: Right against self-incrimination, right to due process, right to compensation for takings.
6: Right to counsel.
7: Right to speedy trial and a jury of peers.
8: No cruel and unusual punishment.
9: Everything else is to the states.
10: This doesn't mean nothing else is a right. (I may have swapped 9 and 10.)
11: Immunity--states can't be sued. (Though apparently that means the exact opposite, now.)
12: ...I think this has to do with how the President and Vice-President are elected.
13: No slavery.
14: States can't infringe on rights guaranteed by the Constitution. ("Privileges and Immunities" and "Rights of Citizenship" both being eviscerated, that's done through due process.)
15: Voting rights.
16: Income tax.
17: I think this is what made Senators directly elected, not picked by state legislatures.
18: Prohibition.
19: Women's sufferage.
20: ...no idea.
21: Repeal of prohibition.
22: Did this move Inauguration Day?
23: No idea.
24: No idea.
25: Presidential Succession, vacancies.
26: I think this lowered the voting age to 18.
27: I think this forbade Congress from voting itself pay raises mid-Term.

I have some idea on 24 of 27, I'm unsure on 7, and I probably missed details of a few more. Not bad, but not great. Then again, I'm in law, we live and die by citation and reference material.

Article I: Defines how Congress works. How old, how apportioned, how elected...Section 8 outlines the powers Congress has (what it can do). Clause 8 of that one's important to me--it's the "promote the progress of Science and the Useful Arts by securing to Inventors limited exclusive Rights" clause, AKA the "intellectual property" clause. The most important clause, though, is the Interstate Commerce clause, giving Congress the right to regulate interstate commerce. Also, the "necessary and proper" clause at the end, a catchall.

Article II: Defines the Executive. How old, how elected, powers.

Article III: Defines the Judiciary, being the Supreme Court and whatever other courts Congress creates; defines the Supreme Court's jurisdiction.

Article IV: I believe this includes rules such as Ex Post Facto and treason, but I'm not sure. That could be VI, while IV might be how laws actually get passed (if that's not part of I and II). Or VI could be how laws are passed...dunno.

Article V: Most important element is the Supremacy Clause--which says that Federal laws trump State laws if they conflict. (It does not, and I've had this argument a couple of times, say that the Supreme Court gets to make laws unconstitutional. Justice Marshall did that.)

Article VI: See my description of IV.

Article VII: I noticed this in passing, so it doesn't really court, but then neither does the section--it's a list of signatures and ratifications. Not really an active Article.

So. Seven Articles, I know three pretty well, one I know the most important part of, two I'm much more shaky on, one barely courts. I know some a couple of significant Sections and Clauses, too. Again, not great--I bet that I could memorize the whole thing with a bit of work, but haven't done so--but not awful, I think.

Oh, and I can recite the Preamble, but that's a cheat--see music line.
 
 
Velocity: curious
Soundtrack: Constitution Preamble - Schoolhouse Rock - Schoolhouse Rock
 
 
( Post a new comment )
[identity profile] blueeowyn.livejournal.com on July 13th, 2010 04:38 pm (UTC)
Cool, you are doing better than I would. When can we expect your nomination to the big bench?
(Reply) (Thread) (Link)
[identity profile] scifantasy.livejournal.com on July 13th, 2010 04:40 pm (UTC)
Some time after Richard Posner gets the nomination.

(That's Federal Judiciary-ese for "when hell freezes over." From the Washington Post ca. 2002:

"[Posner] also, occasionally, produces outrageous conclusions, such as his contention in a 1999 article in the literary journal Raritan that the rule of law is an accidental and readily dispensable element of our legal ideology, and his argument in favor of buying and selling babies on the free market in lieu of government-regulated adoption. Add his advocacy of legal marijuana and LSD, and it is clear that Posner – despite his obvious brilliance – will never sit on the U.S. Supreme Court.")
(Reply) (Parent) (Link)
[identity profile] montoya.livejournal.com on July 13th, 2010 05:25 pm (UTC)
1-10: Bill of Rights. Remembering them individually is pointless.

18 & 21: Prohibition and repeal thereof, which I remember due to the drinking age thing.

Everything else: Irrelevant procedural busywork, or unwinding slavery.

Edited 2010-07-13 05:25 pm (UTC)
(Reply) (Thread) (Link)
[identity profile] pokeypenguin.livejournal.com on July 13th, 2010 06:07 pm (UTC)
(Are you including suffrage under "unwinding slavery"?)
(Reply) (Parent) (Thread) (Link)
[identity profile] montoya.livejournal.com on July 13th, 2010 06:32 pm (UTC)
That is a question for more advanced Constitutional scholars, I believe.
(Reply) (Parent) (Link)
[identity profile] stevemb.livejournal.com on July 13th, 2010 05:36 pm (UTC)
The 20th was the one that shifted the start dates of Presidential and Congressional terms. The 22nd imposed a two-term limit on Presidents.
(Reply) (Link)
[identity profile] dr-zrfq.livejournal.com on July 13th, 2010 06:51 pm (UTC)
I did pretty well for someone who doesn't think about it ALL that much. Four and a half out of seven articles, though I didn't try to do specific sections and clauses. 22 out of 27 amendments; in addition I got amendments 23 and 24 reversed. The amendments I totally missed on were 3, 6, and 7, oddly enough.
(Reply) (Link)
[identity profile] publius1.livejournal.com on July 13th, 2010 07:15 pm (UTC)
It is not necessary for anyone to memorize or even know every amendment to the Constitution to be a good citizen. I don't think anyone would call me uninformed, and while I could probably do this, I might get some of the Bill of Rights out of order or something equally unimportant.

I don't mean to be a downer, but I just don't see the point of this!
(Reply) (Thread) (Link)
[identity profile] scifantasy.livejournal.com on July 13th, 2010 07:18 pm (UTC)
Oh, it doesn't have a point. It's just a sort of game.
(Reply) (Parent) (Thread) (Link)
[identity profile] publius1.livejournal.com on July 13th, 2010 07:29 pm (UTC)
And see, now I'm "That Guy".
(Reply) (Parent) (Thread) (Link)
[identity profile] scifantasy.livejournal.com on July 13th, 2010 07:29 pm (UTC)
Nah. Don't worry about it.
(Reply) (Parent) (Thread) (Link)
[identity profile] publius1.livejournal.com on July 13th, 2010 07:31 pm (UTC)
Holy shit, I didn't have to reload the page to see that comment. Is LiveJournal AJAX-enabled now?!
(Reply) (Parent) (Thread) (Link)
[identity profile] scifantasy.livejournal.com on July 13th, 2010 07:32 pm (UTC)
I think it was the speed of my response--I noticed it and responded before you had reloaded.

Sheer luck.
(Reply) (Parent) (Thread) (Link)
[identity profile] publius1.livejournal.com on July 13th, 2010 07:34 pm (UTC)
Yeah, looks like.
(Reply) (Parent) (Link)