Yocelyn United States, at the time of the Adoption

Yocelyn
Flores

Professor Hipps

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POLS 1101

January 20, 2018

1.   
Bill
Dodge would be eligible to serve as President of the United States, because both
of his parents are U.S. citizens which makes him a U.S. citizen at birth.
However, Ousseini would not be eligible to serve as President of the United
States, because he was not born a citizen of the United States. The U.S.
Constitution states that “No Person except a
natural born Citizen, or a Citizen of the United States, at the time of the
Adoption of this Constitution…” (U.S. Const. Art. II, sec. 1). 

2.   
The original Constitution tolerated slavery, because
it states that “The
Migration or Importation of such Persons as any of the States now existing
shall think proper to admit, shall not be prohibited by the Congress prior to
the Year one thousand eight hundred and eight…” (U.S. Const. Art. I, sec. 9).
This meant that the importation of slavery would be continuing until 1808. The
Constitution also states that “No
Person held to Service or Labour in one State, under the Laws thereof, escaping
into another, shall, in Consequence of any Law or Regulation therein, be
discharged from such Service or Labour, but shall be delivered up on Claim of
the Party to whom such Service or Labour may be due” (U.S. Const. Art. IV, sec.
2). This was the beginning of the Fugitive Slave Act. This meant that no slaves
were capable of escaping to the North without being returned to the South to
resume being a slave. This guaranteed slavery owners would get their slaves
returned to them.

3.   
The
U.S. Constitution states that “Representatives and direct Taxes shall be
apportioned among the several States which may be included within this Union,
according to their respective Numbers, which shall be determined by adding to
the whole Number of free Persons, including those bound to Service for a Term
of Years, and excluding Indians not taxed, three fifths of all other Persons” (U.S. Const. Art. I, sec. 2). This means that
each free person counts as one, each slave counts as three- fifths, and Indians
do not count at all. Therefore, South Carolina’s population is 1,300,000.

The Constitution does contemplate
capital punishment. The Fifth Amendment states that “No person shall be held to answer for a capital,
or otherwise infamous crime, unless on a presentment or indictment of a
Grand Jury, except in cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or public danger…” (U.S.
Const. Amend. V). Although the Constitution did not prohibit capital
punishment, it does state when a capital punishment is and is not
necessary. However,
I would use the Eighth Amendment to attack the constitutionality of the
death penalty, because capital punishment is a “cruel and unusual”
punishment. The Eighth Amendment states “Excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted” (U.S. Const. Amend. VIII).

5.   
According to the Constitutional Amendments, Inauguration
Day is held on January 20th to mark a new four-year term of the President of
the United States. The first day of a new congressional term is on January 3rd.
The Twentieth Amendment states that “The terms of the President and the Vice President shall end
at noon on the 20th day of January, and the terms of Senators and
Representatives at noon on the 3d day of January…” (U.S. Const. Amend. XX, sec.
1).

6.   
The
Twenty-Second Amendment states that “No person
shall be elected to the office of the President more than twice, and no person
who has held the office of President, or acted as President, for more than two
years of a term to which some other person was elected President shall be
elected to the office of the President more than once” (U.S. Const. Amend.
XXII, sec. 1). Therefore, the maximum time anyone can serve as President is 10
years, but they cannot be elected as the President for more than two terms or
eight years. For instance, the Vice President would act as President if the
President died or was assassinated. However, acting as the President has to be
less than two years to be eligible to run for office two more terms.

7.   
The Framers of the Constitution declared “The Migration or Importation
of such Persons as any of the States now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the Year one thousand eight
hundred and eight” (U.S. Const. Art. I, sec. 9). They did not regulate slavery,
and they were not going to until 1808. Furthermore, Article V was created to
protect Article IX section 9. Article V states that no Amendment made before
1808 would affect the importation of slaves. Article V is stated as follows, “Provided
that no Amendment which may be made prior to the Year One thousand eight
hundred and eight shall in any Manner affect the first and fourth Clauses in
the Ninth Section of the first Article” (U.S. Const. Art. V).

8.   
Jesus
is a citizen of the United States, because he automatically becomes a citizen if
he was born in the United States. As it is stated in the Constitution, “All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the United States and
of the State wherein they reside” (U.S. Const. Amend. XIV, sec. 1).

9.   
I
would advise the President to think again. It is important to not miss the
State of Union address, because he has to deliver Congress this information.
The Constitution states “He shall from time to
time give to the Congress Information of the State of the Union, and recommend
to their Consideration such Measures as he shall judge necessary and expedient”
(U.S. Const. Art. II, sec. 3). Congress needs to know what the President plans
to do with the county, and what problems he thinks are most important to
solving.

10.
 I would inform them that a President’s pay
cannot be increased or decreased for the period he was elected. The same would
go for Supreme Court Justices. They cannot receive a pay cut during their time
in office. I would also inform them that it is clearly stated in the
Constitution. “The President shall, at stated
Times, receive for his Services, a Compensation, which shall neither be
encreased nor diminished during the Period for which he shall have been elected…”
(U.S. Const. Art. II, sec. 1). “The Judges, both of the supreme and inferior
Courts, shall hold their Offices during good Behaviour, and shall, at stated
Times, receive for their Services, a Compensation, which shall not be
diminished during their Continuance in Office” (U.S. Const. Art. III, sec. 1).

 

 

 

Works Cited

“The
Bill of Rights: A Transcription.” National
Archives. June 26, 2017.      https://www.archives.gov/founding-docs/bill-of-rights-transcript

“The
Constitution: Amendments 11-27.” National
Archives. October 6, 2016.        https://www.archives.gov/founding-docs/amendments-11-27

“The
Constitution of the United States: A Transcription.” National Archives. October 23,             2017.
https://www.archives.gov/founding-docs/constitution-transcript