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Professor Hipps POLS 1101 January 20, 2018 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). 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. 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).
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).
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.
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). 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). 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.
The 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).
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