Are You An Originalist?
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In the 2nd Amendment, what does well regulated mean? Amendment IIA 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.
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The ability to control in entirety and deny use
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The ability to control most aspects, while allowing for use
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Well working
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Well working, and capable of functioning
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Because it is used with Militia, it means to ensure the Militia IS well working
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See how you fall on the scale of how you think the Constitution should be viewed from Pragmatist to Constructionalist.
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Congress shall make no law respecting an establishment of religion, means
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Government shall not have any religious material
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Government shall not have any material denoting a specific religion
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Government shall not endorse any religion
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Government shall not make a State declared religion
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Congress shall not make a State declared Religion
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- 3.
The Constitution does not mention a State Department,
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But is essential to the foreign relations, and is essential for proper government function
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But is essential to the foreign relations, and foreign relation is a power of the president
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The concept of Departments is specifically mentioned in forming and appointing in Constitution
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The concept of Departments is specifically mentioned in forming and appointing in Constitution, and was a continued existing office from before the Constitution
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The office not being mentioned, implies the power of the Cabinet is unlawful, but not the Position of Secretary of State since the president is allowed this power to appoint Minister and Ambassadors.
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- 4.
In Article I Section 8 General Welfare meansThe Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
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To provide whatever Congress decides is general welfare
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To spend on whatever Congress decides is general welfare
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To spend on only the things for the Common Good, not individual good
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To spend on only the things for the Common Good, not individual good, as also used in the Articles of Confederation
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To spend on only the things for the Common Good, not individual good, using the only following enumerated powers.
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- 5.
"No Bill of Attainder or ex post facto Law shall be passed", applies how when involved with only a tax (ex post facto means "after the fact", making a law retroactive)
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A tax is not a criminal law, ex post fact does not apply
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A tax is based on a total year not a point in time, ex post fact does not apply to current tax year, but the tax cannot go prior to the current year
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Ex post facto applies to any law that affects an individual or group, including taxes.
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Ex post facto applies to all laws, including taxes.
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Ex post facto applies to any act of Congress
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- 6.
Article II Section 2The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.How does recess appointments apply?
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If the Senate is not in session, the President can appoint a person for the remainder of the term
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If the Senate has adjourned, the President can appoint a person for the remainder of the term
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If a vacancy occurs while the Senate is adjourned, the President can appoint until the Senate considers or the end of the term
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If a vacancy occurs while the Senate is adjourned, for an essential position the President can appoint until the Senate considers or the
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F a vacancy occurs while the Senate is adjourned, the President can appoint until the Senate considers and votes yea or nay or the end of the term, which ever is first.
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- 7.
Suppose Congress wishes to regulate the size of tires on your car and vehicles in general
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Congress may regulate all aspects which may be tied to commerce between the States, including your car since it can travel between states
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Congress can only regulate vehicles who are actually engaged in interstate commerce.
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Congress can only regulate vehicles who are actually engaged in interstate commerce, to ensure commerce is regular (fair and equal) across all borders
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Congress can only regulate vehicles who are actually engaged in interstate commerce, to ensure that commerce is unimpeded between borders by any state
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Congress can not regulate the vehicle since it is only a transporter of commerce and not the good itself. Congress can only ensure the trading of goods is regular between the states.
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Current Version
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Mar 18, 2022Quiz Edited by
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May 04, 2011Quiz Created by
Jlbrown7892