Wednesday, February 10, 2010

Appointments to the u.s supreme court are confirmed only by the president.TRUE or FALSE?

the inability of the state government to interfere with our personal freedom is based on the 1st amendment. TRUE or FALSE?





powers that are given to congress and are stated directly in the u.s constitution are implied powers. TRUE or FALSE?Appointments to the u.s supreme court are confirmed only by the president.TRUE or FALSE?
False. The president nominates a candidate, but the Senate confirms.


http://en.wikipedia.org/wiki/Supreme_Cou鈥?/a>





True. The Supreme Court has interpreted the establishment clause and free exercise clause ';in such a manner as to restrict the promotion of religion by state governments.';


http://en.wikipedia.org/wiki/First_Amend鈥?/a>





False. Implied powers are those exercised by the federal government, but not explicitly written in the constitution.


http://encarta.msn.com/encyclopedia_1741鈥?/a>Appointments to the u.s supreme court are confirmed only by the president.TRUE or FALSE?
All three statements are false:





The president appoints a candidate for the supreme court and the U.S. Senate ratifies (confirms) or rejects that appointment.





There is no foundation of truth to this statement at all. Although some interpretations have changed since the Civil War (primarily due to the 14th Amendment) the Bill of Rights (particularly the first 8 Amendments) were intended as excluding the Federal Government from specific acts.





Further, the answer by one responder, ';True. The Supreme Court has interpreted the establishment clause and free exercise clause ';in such a manner as to restrict the promotion of religion by state governments'; is not only wrong but a inaccurate citing of the 1st Amendment which states, ';Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; of the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.'; Only the Congress is restricted.





You are referring to Article I, Section 8, Clauses 1 through 18, which are the direct delegated powers for the United States Congress. They are not implied but are absolute.





Let me suggest that it is best to go to the sources. For example, the Supreme Court has made many opinions relative to the 1st Amendment such as Permoli v. New Orleans [1845] - ';Neither the original Constitution nor this amendment makes any provision for the protecting the citizens of the respective States in their religious liberties; this is left to the State constitutions and laws. Nor is there any inhibition imposed by the Constitution of the United States in this respect on the States.';





Further, the response ';State government may not abridge rights granted in the US constitution. Some rights are named in the Bill of Rights'; makes a common misunderstanding of the Constitution, that is, that it grants rights. The Constitution of the United States grants no rights but recognizes the preexistance of individual rights.
All federal judicial nominations are by the President. All appointments must be confirmed by the Senate.





State government may not abridge rights granted in the US constitution. Some rights are named in the Bill of Rights, including the first amendment, but that is not the sole or primary way.





If a power is stated directly, it is not implied, it is implicit.



The President's appointments have to be confirmed by the Senate, so False.





The second question sounds like it is true.





the third, implied powers are powers that are not directly stated, so false.

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