ACS points to the new test to become an American. As one of the best citizens of the United States, I see a few problems with the “new citizenship” test. The parts about tax law are simply wrong, and most tax lawyers that understand Subchapter K would take offense to their analysis. But, here we go with an analysis of the questions. Update: See post here for better questions.
How many amendments does the Constitution have?
Without getting into questions of proper ratification, I wonder if this includes the include the 18th amendment? I mean, it was repealed. Does that mean it no longer exists. Do they want an essay on postmodernism or something?
What are two rights in the Declaration of Independence?
Beats me. I didn’t think that it was enforcable. In fact, courts tend to laugh at citations to it.
What is the economic system in the United States?
I am sure the answer to this is “Billable hours" or "lock step." Strangely enough the constitution guarantees free legal services for indigent people, and prevents Congress from lowering salaries of judges no matter what the demand for quality judging might be. Also, a lot of people work for the government (including the military) and see their wages as a kind of entitlement. So I know the answer isn’t “capitalism.”
What is "rule of law"?
Look at the PLIG for the answer to this. Either that, or it is a 1980s TV show. Anyway, the correct answer is:
[A] term used to describe rule of decision when that outcome will benefit the speaker when the speaker, by virtue of her stupidity can't think of any justification for such [a] decision.
You need to keep reading. There are some neat tax tips below for people that have never worked a day in their lives.
Name your U.S. Representative.
Probably fair enough. Though if someone isn’t a citizen yet, an argument can be made that he doesn’t have a Representative. Likewise, if they live in DC, the game is off.
If both the President and the Vice President can no longer serve, who becomes President?
Actually, a literal interpretation of the 20th and 25th amendments does indicate the succession clauses kick in if the POTUS “can no longer serve” but rather “dies” or is “removed.” (Which could happen by virtue of Amend. XXV, Sec. 4.) Moreover, it doesn’t indicate that a new person becomes president but rather the speakers of the house assumes the president’s “powers” and “duties.”
Who is the Chief Justice of the United States?
Fair enough. It’s that pirate guy from the Princess Bride, right?
Under the Constitution, some powers belong to the States. What is one power of the States?
Hey Uncle Sam, do you really want to ask that question? How about the power to regulate banking? What about the power to maintain a well-regular militia? Or what about the power to abolish all marriages, except for gay ones? This area is grayer the question, "What is the one truth faith?"
There are four amendments to the Constitution about who can vote. Describe one of them.
This isn’t exactly true, since the 1st and 14th have been applied to voting issues. The 19th Amendment makes it clear that no person convicted of a sex crime can be disenfranchised. “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex.” Can’t argue with that.
What are two rights only for United States citizens?
Is being president a right? Otherwise, this is a whole mess of gray. Consider this? Can all US Citizens vote? No. Most felons can't. Nor can babies.
When is the last day you can send in federal income tax forms?
Before I answer this question, let me make it clear that I want people to pay their taxes. But this question is a load of shit. Why? First of all, the “April 15th” deadline varies from year to year because of weekends, and holidays in various states. Secondly, believe it or not, individuals that have never filed an income tax form before can designate their own return due date. (Of course, very few people are smart enough or stupid enough to do this.) Third, one can send in their tax forms late. Sure, they will have to pay a penalty, but it isn't impossible. Don’t believe me. Look at:
26 USC 6072(a):
(a) General rule
In the case of returns under section 6012, 6013, 6017, or 6031 (relating to income tax under subtitle A), returns made on the basis of the calendar year shall be filed on or before the 15th day of April following the close of the calendar year and returns made on the basis of a fiscal year shall be filed on or before the 15th day of the fourth month following the close of the fiscal year, except as otherwise provided in the following subsections of this section.
Individuals are free to elect a “fiscal year” other than a calender year, provided they do so before they ever file a tax return. Don't believe me? Turn to 26 U.S.C. 441(f)(1) It reads:
(f) Election of year consisting of 52–53 weeks
A taxpayer who, in keeping his books, regularly computes his income on the basis of an annual period which varies from 52 to 53 weeks and ends always on the same day of the week and ends always—(3)) elect to compute his taxable income for purposes of this subtitle on the basis of such annual period. ...
There were 13 original states. Name three.
Solid, liquid, and Rhode Island?
What territory did the United States buy from France in 1803?
Wouldn’t a better question be what territory did the US buy from Denmark in 1917? They should also ask what circuit decisions of its District Court are appealed to, what constitutional authority there is for that court, and how long a judge on that court serves.
What did Susan B. Anthony do?
She would heroically jam up tollbooths on the Garden State Parkway.
Who was President during World War I?
Fair enough. Except they didn’t call it “World War I” back then, now did they?
Name one American Indian tribe in the United States.
The problem with this question is that there are some tribes that are not recognized. Do they count?
Funniest thing I've read all day! Well done!
Posted by: Gideon | September 28, 2007 at 04:56 PM
Who was President during World War I?
The guy who won the 1916 election with his promise to keep us out of the war.
Posted by: JFC | October 02, 2007 at 11:05 AM