Legal Question in Constitutional Law in Colorado

Tests For Federal Offices

I have been debating this question with my professor for the past couple of days if you could kindly help it would be very helpful to resolve this issue. The question is:

The Constitution bans a(n) __________ test for holding office in the federal government.

(a)Oral

(b)Written

(c)Racial

(d)Religious

(e)All of the above

If you could provide documentation it would really help. Thanks


Asked on 2/05/04, 12:52 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Tests For Federal Offices

Mr. Aspinwall's answer is incorrect. After all, the answer he offered isn't even one of the choices your professor gave! Besides, there is no mention of polygraphs anywhere in the Constitution -- most of which was written before polygraphs were invented.

The correct answer is (d) religious. Article VI states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

I'm not sure why you and your professor have had a debate about this one at all, let alone one that has lasted for days. The answer to this one is unambiguous.

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Answered on 2/05/04, 2:42 pm
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Tests For Federal Offices

polygraph

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Answered on 2/05/04, 8:44 am


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