WTP Congressional District Hearings

Suggested Follow-up Questions

Unit 1
1. Give an example that might arise when one individuals rights to life, liberty, and
property conflict with those of other individuals. What considerations might be used
to resolve these conflicts?
. !hould some rights be given more protection than other rights? Why? Give examples.
". #he natural rights philosophy claims that government is based on consent. $ow do we
give our consent and how do we withdraw it?
%. &any people today believe that the rights to life, liberty, and property include the right
to public education and health care. Would the founders have agreed? 'o you
agree? Why?
(. )f the purpose of government is to provide security for the right to life, liberty, and
property, under what circumstances, if any, should government be able to limit these
rights?
*. )magine yourself living in a community where all order and authority have bro+en
down. ,iolent lawlessness is widespread. 'o thin+ any government is better than
none? -xplain your answer.
.. )t has been said that since people are not e/ual in their intelligence and character, it is
un0ust for everyone to have the same rights. 'o you agree? 1e prepared to defend
your answer.
2. What is meant by 3the law of nature4 or 3natural law4? $ow did 5oc+e try to establish
or figure out what limitations it imposed on human conduct?
6. What is the connection, if any, between the idea of natural rights and the idea of
limited government?
17. )f, as 8ohn 5oc+e argues, human beings had rights in a state of nature, why was it
necessary for them to form government?
11. $ow would you distinguish between a right and a privilege? What examples can you
cite of rights you en0oy as an 9merican citi:en? ;f privileges bestowed by
government?
1. Why did both 5oc+e and 8efferson claim that natural rights are 3unalienable4?
1". ;ne of the purposes of the limitations imposed by constitutional government is to
chec+ the power of the ma0ority. $ow can this be 0ustified in a political system that
is supposed to be democratic?
1%. )s it important to organi:e a government where it is fairly easy to remove government
officials? Why or why not? 'oes the 9merican constitution provide this ability?
1(. What is meant by the claim that such a right does or does not exist?
1*. $ow are the ideas in the &agna <arta and the -nglish 1ill of =ights related to the
natural rights philosophy?
1.. Why did the >rench philosopher &ontes/uieu admire the 1ritish constitution?
12. Why do you thin+ that 9mericans insisted their state constitutions and the U!
<onstitution be written documents?
16. &uch of the 1ritish constitution comes from common law. What is common law?
What does common law provide a foundation?
7. $ow and why does the <onstitution provide for one branch of government to consent
to certain actions of another branch of government?
1. 9ccording to 8ohn 5oc+e and the 'eclaration of )ndependence, government gets its
right to govern from the consent of the people. Under what circumstances do a
people have the right to alter or abolish a government?
. $ow would you distinguish between tacit or implicit consent and explicit consent? )n
your 0udgment which form of consent should be preferred? Why?
". 'o 9mericans today exhibit the characteristic of civic virtue? Why or why not?
%. )dentify someone living today who you thin+ shows civic virtue. -xplain the reason
for your choice.
(. What did classical republicans thin+ should be the goal of education? 'o you agree?
Why or why not?
*. What problems might you encounter in transferring some of the ideas of classical
republicanism to 9merican society? $ow might you solve these problems?
.. Under a republican form of government, if elected officials hold views of the
common good contrary to those of their constituents, what do you thin+ the officials
should do? Why?
2. !hould a member of <ongress vote against anti?smo+ing legislation intended to
protect the health of the general population if it would hurt the economy of his or
her state and put people out of wor+ in the state?
6. <an you cite some specific examples of the >ounders fear of the abuse of power and
how they attempted to remedy those fears in the design of the <onstitution?
"7. $ow would you respond to the claim that constitutional limitations imposed on
governments ma+e them inefficient?
"1. 'uring the <old War period, 9mericans rationali:ed limited individual rights and
increasing governmental authority as a legitimate response to the threat of
communism. 'o you agree with this decision? Why or why not?
". !hould laws be created that mandate more civic participation by 9merican citi:ens?
Why or why not?
"". Give two examples in 9merican history where you believe the U! government
abused its constitutional authority. 'o you believe our system wor+ed during those
times, or did it fail?
"%. Why did the ideas of the natural rights philosophy fit so well into the thin+ing of the
9merican colonists?
"(. ;ne of the problems with classical republican concepts in this country is our
diversity. !hould the government begin to brea+ up this diversity by having an
official language?
"*. !ome observers of 9merican society today believe we have inherited too much of the
self?interest of the natural rights philosophy and not enough of the public spirit of
classical republicanism. 'o you thin+ those critics are right or wrong? What
evidence can you cite in support of your opinion?
".. #he nineteenth?century 9merican educator, $orace &ann, said 3schoolhouses are the
republican line of fortifications.4 )f that is true, what can schools do to promote
civic virtue and an understanding of republicanism?
"2. $ow did early documents reflect a 3redress of grievances4?
"6. What are the advantages and disadvantages of written vs. unwritten constitutions?
%7. Why are bills of rights mentioned first in most state constitutions?
%1. 8efferson thought of redoing the constitution every generation. 'o you agree?
%. Why@how was the &9 <onstitution different?
%". What are some other examples of durable political texts and how are the simular to
the &agna <arta?
%%. $ow are the basic principles of the &agna <arta evident in the <onstitution?
%(. Why is it so important to have enumerated rights and powers?
%*. $ow is the power to tax embedded in both the &agna <arta and the <onstitution?
%.. $ow have the rights written in the &agna <arta been expanded to fit our present day
society?
%2. What are some of the other documents written before the &agna <arta that are also
examples of limited government?
%6. What other documents would you thin+ belong next to the &agna <arta as
foundations to our constitutional principles?
(7. )n your opinion what parts of the &agna <arta are the most important? Which parts
of the &agna <arta are outdated and dont apply to us?
(1. Why do 9mericans and the 1ritish thin+ the &agna <arta is so important? 'o you
agree with them?
(. What rights do you thin+ the 1ritish sub0ects in 11( should of added to the &agna
<arta?
(". $ow is the &agna <arta an example of Aopular !overignty?
(%. $ow was the 1ritish system of Government in 1..( based on legislative supremacy?
((. What examples can you give of the U! <onstitution being based on legislative
supremacy?
(*. 'o we still have legislative supremacy today?
(.. What documents or model of government did the states use in drafting their own
constitutions? 9re these good examples or models of government to follow?
(2. $ow does your own state constitution embody the concept of a social contract?
(6. )s your states embodiment of the social contract different from those early
constitutions?
*7. Why do we write constitutions? What is the benefit of having a written constitution?
$ow is this different from -ngland?
*1. What are some of the problems with 5egislative !upremacy?
*. $ow does our system of government +eep legislative spremacy from becoming
legislative tyranny?
*". $ow did the power to tax play a role in the 9merican =evolution? Give specific
examples.
*%. What were some of the economic reasons besides taxation that caused the 9merican
colines to rebel?
*(. $ow did the concept of represenation play a role in the 9merican =evolution?
**. What were some of the nonecomic reasons that the colonists cited for rebeling against
-ngland?
*.. Why were so many of the early american revolutionaries businessmen in the shipping
business?
*2. )n our opinion did the colonists rebel for light and transient causes?
*6. Were the colonists actions 0ustified?
.7. 'id the 9merican revolution happen because of economic reasons or for political
reasons? 'efend your position.
Unit
1. #he 9rticles of <onfederation demonstrated a distrust of a strong national government.
What were the historical and philosophical reasons for this distrust?
. What were the positive and negative conse/uences of a wea+ national government?
". Why do you thin+ the smaller states were satisfied with government under the 9rticles
of <onfederation?
%. &any people today continue to distrust the federal government. )n your opinion, is
such distrust 0ustified?
(. #he ,irginia Alan proposed that <ongress be given the power to stri+e down state laws
that it considered to be in violation of the national constitution or the national
interest. )f you had been a delegate to the Ahiladelphia <onvention of 1.2. would
you have supported or opposed that provision? -xplain your position.
*. What instructions were given to the delegates to the convention in Ahiladelphia? Why
did the delegates choose to ignore those instructions?
.. #he Bew 8ersey Alan called for a single house <ongress, with each state having an
e/ual vote. What costs and benefits of that proposal have been if it had been
adopted?
2. $ow did the delegates compromise the differences between the ,irginia and Bew
8ersey plans? What were the costs and benefits of that compromise?
6. What is meant by the phrase 3implied powers4? What is the relationship between the
3necessary and proper clause4 and implied powers?
17 What are the costs and benefits of having the 3elastic4 or 3necessary and proper
clause4 in the <onstitution?
11. #homas 8efferson once argued that the 3necessary and proper clause4 should be
interpreted as if it read 3absolutely and indispensably necessary.4 'o you agree or
disagree with 8efferson? -xplain your position.
1. #he constitutional scholar 5eonard 5evy has written that the necessary and proper
clause was 3the one most responsible, later, for the demand for a bill of rights.4
Why do you thin+ that clause would prompt a demand for a bill of rights?
1". Why did the 9nti?>ederalists believe that the <onstitution would not be able to
maintain a system of republican government?
1%. !ince the >ederalists did not believe that the proper wor+ing of a republican form of
government could rely solely on the civic virtue of the people, on what did they
believe it should rely? 'o you agree with the >ederalists position? Why or why
not?
1(. $ow did the >ederalists and 9nti?>ederalists differ on the sub0ect of state power v.
strong national government? Why?
1*. )dentify at least " ways in which the new federal system prevents dictatorship or
tyranny of the ma0ority?
1.. What were some serious wea+nesses of the 9rticles of <onfederation and how were
they corrected by the <onstitution?
12. !ome 9nti?>ederalists argued that the <onstitution was anti?ma0oritarian. What were
they referring to? Whats the federalist response to this criticism?
16. -xplain the argument between federalist and 9nti?federalists over geographic si:e
and homogeneity of the citi:enry. $ow does modern technology affect his
argument?
7. 'o you believe the >ramers were consistent with their constitutional principles by
creating an executive branch with such expansive powers? Why do you thin+ they
did this?
1. 1ased upon you studies, explain why you thin+ the >ederalist were able to 3win4 the
debate over ratification? What lessons about 9merican politics would be learned
from the >ederalists?
. >ederalists and 9nti?>ederalists had different views of human nature. What were
they? Which do you believe to be more accurate?
". 9ccording to the >ederalists, the government under the 9rticles of <onfederation
might have become dangerous to the rights of citi:ens. -xplain how. Why did the
>ederalists believe that state governments were more li+ely to abuse their powers
than the federal government?
%. Would you agree with #homas 8effersons characteri:ation of the Ahiladelphia
<onvention as an 3assembly of demigods4? -xplain your answer.
(. 9re there good arguments today in support of ma+ing both houses of congress
proportional?
*. What contemporary issues do you +now about that involve conflict over the fairness
of representation in <ongress?
.. What arguments can you give to support the use of the -lectoral <ollege to select the
president? -xplain why you agree or disagree with these arguments?
2. What criticismCsD of the <onstitution by the 9nti?>ederalists seems to you the most
valid? Why?
6. Why did the >ounders agree to the rules at the <onstitutional <onvention?
"7. Was having no written record at the time a good thing or not?
"1. What examples are there of times that secrecy is needed in our government?
". !hould schools teach civil discourse? Why@why not?
"". Why were committees important at the <onstitutional <onvention?
"%. $ow is civil discourse used today?
"(. $ow are chec+s and balances impacted by different terms and elections?
"*. $ow is the electoral college a chec+ and balance of power?
".. )s the electoral college still needed today?
"2. )n your opinion, could the 9rticles of <onfederation be saved?
"6. $ow did !hays rebellion help the founders abandon the ideas that are instilled in the
9rticles of <onfederation?
%7. What role did the fear of a standing army have on the colonists and their distrust of a
strong national government?
%1. 'id the 9rticles of <onfederation wor+?
%. What were some of the sucesses of the 9rticles of <onfederation?
%". What parts of the 9rticles of <onfederation were sucessful and were eventually put
into the >ederal <onstition of 1.2.?
%%. What was &adisons and $amiltons reasoning for abandoning the 9rticles of
<onfederation?
%(. Why did the 9napolis <onvention happen in 1.2*? $ow is this event related to the
9rticles of <onfederation?
%*. What ideas in the 9rticles of <onfederation do you li+e? Why?
%.. $ow is the issues of >ederalism and !tate Aowers being played out today?
%2. $ow does the debate around the 9ffordable $ealth <are 9ct play into the debate
between the >ederalists and the 9nti?federalists?
%6. 'id the >ederalists and the 9nti?federalists have the same view of the 8udicary?
(7. What was the difference between the >ederalists and the 9nti?federalists on the issue
of standing armies?
(1. Which side does your state side with? Give some examples to support your claim.
(. What fears of the anti?federalists do people express today? 9re the valid?
(". What principles of <lassical =epublicanism and Batural =igths philosophy did the
9nti >ederalists thin+ would be endangered by the constitution?
(%. Would &adison be in favor of initivies or referendums?
((. What are &adisons views of expressed powers?
(*. <an you give examples of other systems of government that have an amendment
process?
Unit "
1. Why are political parties considered to be 3watchdogs4 or monitors of the performance
of publican officials? $ow important is that 3watchdog4 function in a democracy?
. What in the <onstitution could be construed as promoting the development of political
parties?
". What suggestions do you have for revitali:ing political parties in the United !tates?
%. Aolls show that a significant share of the population believes that the country would be
better off if there were no party labels on the ballot. Would we be better off with
party less politics? Why or why not?
(. &ost political scientists agree that political parties no longer play the central role in
9merican politics that they once did. Why do you thin+ their role has been
diminished? )s that a healthy or unhealthy trend? Why?
*. )n what ways were the first political parties lin+ed the disputes over the 9rticles of
<onfederation and the new <onstitution?
.. What specific problems did #. 8efferson and other 3=epublicans4 have with the
necessary and proper clause and general welfare clause. 'o you believe their fears
were valid?
2. $ow do you explain the fact that &adison was a ma0or critic of the 9rticles, critic of
>actions, yet he helps build them a strong national government and helps found a
political party opposed to national power?
6. 'o you believe that political parties serve the common good in any capacity? why or
why not?
17. Would it be possible, do you believe, for our constitutional republic to function
without organi:ed political parties? Why or why not?
11. )n your opinion, why havent 3third parties4 ever caught fire in 9merican political
history?
1. Eou have explained the issues that divided 9merica into two political parties in the
16.7s. 'o those issues and ideas have any relevance to todays political parties?
Why or why not?
1". Why did 8efferson refer to the presidential election of 1277 as the 3revolution of
12774? Why was this event significant?
1%. )t is argued by many today that political parties have very little strength relative to (7
years ago. 'o you agree and can you explain why parties have diminished in
influence?
1(. $ave the events surrounding the election of 777 proven that it is better to have a
two?party system, or, would we be better off having a multi?party system that
re/uired power sharing and coalition building?
1*. ;ne of the arguments in defense of the two?party system is that our electoral method
of selecting presidents almost re/uires two parties and no more. )f we were to get
rid of the -lectoral <ollege, do you believe that multiple parties would be better for
this country? Why or why not?
1.. Given the confusion of the election of 777, would you support a constitutional
9mendment removing the electoral college and thus relying on the popular vote
only to select our Aresidents?
12. Why are more and more 9mericans turned off by the two party system? What reforms
would you suggest to bring these parties bac+ into favor of the 9merican public?
16. )f the !upreme <ourt has a power as important as the power to declare acts of
<ongress unconstitutional, and therefore null and void, should it be explicitly stated
in the <onstitution? Why or why not?
7. )f the !upreme <ourt did not act as the ultimate guardian of the <onstitution, what
other institution or processes might serve this purpose?
1. Aeople in democracies that do not have 0udicial review have sometimes argued that
they do not want to entrust their rights to a handful of individuals sitting on a
supreme court. #hey say that they prefer to put their rights in the hands of elected
representatives deliberating in public. $ow would you respond to them?
. $ow has 0udicial review been used to protect the rights of individuals from the
tyranny of ma0orities?
". What was <hief 8ustice &arshalls argument 0ustifying the exercise of 0udicial
review? What were the constitutional and political strengths and wea+nesses of his
argument?
%. 9lthough 0udicial review is one means of protecting the rights of individuals from the
tyranny of ma0orities, sometimes the courts have failed. <an you cite examples in
which this happened?
(. <an the !upreme <ourt rule on the constitutionality of any issue that concerns it?
-xplain.
*. What do you thin+ of the idea of holding national referendums to decide the
constitutionality of very controversial legislation and policies li+e abortion?
.. What limits or chec+s are there on the !upreme <ourt and the power of 0udicial
review? 'o you believe that there are enough limitations on the power of the court?
2. 'efine the term 38udicial 9ctivism.4 Why is 0udicial activism so controversial?
6. )s the !upreme <ourt in modern times more or less representative of the people than
the <ongress? !hould we expect the court to be representative of the nation in some
way?
"7. !hould the Aresident be guaranteed that his nominees share the same political
philosophy and positions that he does?
"1. What are the advantages and disadvantages of having federal 0udges appointed, not
elected, to serve during good behavior?
". Would the composition of the !upreme <ourt be reflective of the political, economic,
racial, ethnic, and gender diversity of our citi:enry? Why or why not?
"". What role, if any, should public opinion play in the !upreme <ourts deciding a
controversial issue?
"%. What did the >ramers hope to achieve by establishing a federal system of
government? Were they successful?
"(. Which government activities do you thin+ are best handled at the national level and
which at the state and local level? Why?
"*. -xplain a situation in which you thin+ a state should be able to ma+e a law without
interference from the federal government.
".. What +inds of problems might be too difficult for state governments to handle alone?
"2. #he power of the federal government over the states has expanded during our history.
Why do you thin+ this has happened? )s this good or bad for the 9merican people?
'o you thin+ there will ever be a shift bac+ in the opposite direction?
"6. What is the significance of the !upreme <ourt case &c<ulloch v. &aryland?
%7. )ts been said that federalism is more than simply a structural arrangementF it involves
a commitment to partnership and active cooperation. Would you agree or disagree
with that statement? Why? What evidence can you offer in support of your
position?
%1. >ederalism means that some powers are shared by the national and state governments.
What examples of shared powers can you cite? Why is it important that some
powers are shared?
%. )n the United !tates, the federal government has only those powers granted to it by
the <onstitution, with all other powers reserved to the states. )n <anada all powers
not specifically granted to the provinces are reserved to the national government.
Which of those arrangements do you thin+ is the better one? Why?
%". 1elief in a system of chec+s and balances is a hallmar+ of the United !tates political
system. $ow does federalism promote chec+s and balances?
%%. Why is the federal system characteri:ed by continuing tension between the national
government and the states? What examples can you cite of continuing tension?
%(. $ow would our nation loo+ without political parties? Would this be a benefit or
drawbac+?
%*. $ow did ratification of the 1%
th
9mendment reflect the failure of the original
constitution to achieve the goals stated in the Areamble?
%.. )n what ways has incorporation changed the federalist system?
%2. $as incorporation undermined the 9nti?>ederalists desire to protect state sovereignty
through a bill of rights?
%6. What right do you thin+ all 9mericans should en0oy regardless of the state in which
they live?
(7. What guidelines would you use to decide whether or not a right should be
incorporated?
(1. Why did state declarations of rights fail to ade/uately protect minorities?
(. -valuate &adisons argument that diversity protects individual and minority rights?
Was he correct?
(". Why was the 1ill of =ights relatively unimportant for the first 177 years after its
passage?
(%. !hould the <onstitution be amended to promote e/uality of condition, through, for
example, a guaranteed standard of living provision? -xplain.
((. )n your opinion, what is the most critical e/ual protection issue facing our nation
today? What do you thin+ should be done to remedy it?
(*. 'o you thin+ it is ever 0ustified to treat people une/ually? -xplain.
(.. 'o you thin+ that the e/ual protection clause means that gays have a right to serve in
the military?
(2. What was the original intent of the e/ual protection clause and do you thin+ we have
achieved that intent?
(6. 'o you thin+ the e/ual protection clause should be applied to prevent discrimination
in employment because of age? Why or why not?
*7. What factors do you thin+ influenced the !upreme <ourt in its reversal of Alessy v.
>erguson, 126*?
*1. 'o you thin+ the e/ual protection clause should be applied to prohibit private clubs
from barring women and minorities as members? Why or why not?
*. Why do you thin+ this country failed to achieve its goals during the period of
=econstruction? Why do you thin+ the <ivil =ights movement succeeded?
*". What remedies other than constitutional amendments or laws might reduce or prevent
discrimination?
*%. 'o you thin+ that there is a need for an -/ual =ights 9mendment for women today?
Why or why not?
*(. )n your opinion, should college admission programs that ta+e into account an
applicants disadvantaged status be reinstated, or should they be eliminated
everywhere in this country? Why or why not?
**. )n your opinion, do 3ma0ority?minority4 congressional and legislative districts
advance the cause of e/uality under the 1%
th
9mendment, or do they violate the
principles found in the 1%
th
9mendment?
*.. 'ue process has been called the 3cornerstone of a civili:ed 0ustice system.4 )n your
opinion is that an apt description? Why or why not?
*2. 'o you believe that the extension of due process concepts beyond criminal cases to
social issues such as confinement of the mentally ill, withdrawal of government
benefits, or procedures for licensing is an appropriate application of the due process
clause?
*6. 'o you believe that due process rights should be extended to students in the public G?
1 system? Why or why not?
.7. $ow did sectional rivalries in pre?<ivil War 9merica encourage different
interpretations of the <onstitution and the Union?
.1. Why did !outhern states believe that secession was a constitutional action? Why did
supporters of the Union believe that the !outh had no constitutional right to secede?
Who do you thin+ was right?
.. Was the failure of the <ivil War 9mendments primarily the responsibility of elected
officials or private citi:ens?
.". 'o you agree with Aresident -isenhowers views about the inability of law to change
human attitudes and behavior? !upport your answer with evidence.
.%. 'oes 9merica rely too much on courts to solve our problems? -xplain your answer.
.(. Why do you thin+ the U.!. !upreme <ourt selectively incorporated the 1ill of =ights
in the >ourteenth 9mendment rather than embracing a 3wholesale4 incorporation?
What might have been the conse/uences if the <ourt had opted for the latter?
.*. 'oes 3e/uality before the law4 mean that citi:ens have a right to e/uality of
condition? !hould it? Why or why not?
... Why is it important to assure procedural due process for people accused of serious
crimes? $ow does protecting the rights of the accused also protect the rights of law
abiding citi:ens?
.2. )n your opinion, have the >ourteenth 9mendments e/ual protection and due process
clauses benefited only certain groups in our society, or have they benefited
everyone? -xplain.
.6. What is the difference between procedural and substantive due process of law? Why
are both important in a constitutional government?
27. $ow does 3due process4 help to ensure that public officials will not abuse their
power?
21. What are the ha:ards of gerrymandering if candidates adhere to political platforms?
2. 'oes this benefit the voters or not?
2". What are the prospects of a multi?party system in the U.!.?
2%.What is the 5oc+ean view of rights? What was the !outhern view of rights?
2(. $ow would the power that 5incoln used be perceived today?
2*. What struggles still exist between national and state governments today?
2.. !hould or do we have the right to revolution today?
22. !hould we change our current amendment process to ma+e it easier? Why or why
not.
26. What are some of the origins of the 9mendment process? Where did 9merica get this
idea from for our constitution?
67. What ideas today do you thin+ we should propose into constitutional amendments?
61. !hould we have a balanced budget amendment? 'efend your position.
6. Why has the constitution only been amendment . times in over 77 years? !hould
we ma+e it easier to amend the constitution?
6". What is the problem with ma+ing the amending process easier?
6%. Why is it important to have a amending process in a constitution?
6(. Why should we not have a 9mending process in our constitution?
6*. $ow did 5incoln help define such issues as the suspension of hapeas corpus and the
commander and chief clause?
6.. $ow did 5incoln expand the power of the executive branch during the <ivil War?
62. Was 5incolns actions during the <ivil War as Aresident 0ustified? 'efend your
position.
66. $ow have president in the modern age used 5incoln to 0ustify their actions and
expanding presidental power?
177. $ow can we restore the constitutional presidency?
171. What happened to free speech during the civil war?
17. !hould we have two sets of rules for how we exercise our freedom one of those
during peace time and the other one during a time of crisis or war?
17". Which is more important liberty or security? <an you have both of them in a
democracy during a time of crisis?
17%. 'o you agree with the outcome in the )n =e ,landingham case in )ndiana? Was the
court 0ustfied in its decision.
17(. What role do elections play in the system of chec+s and balances?
17*. $ow do political parties build coalitions of factions?
17.. $ow do political parties act as clearinghouses for factions?
172. What message are voters saying by registering in large numbers as independents?
176. What is the difference between a closed primary and a open primary?
117. !hould we amend the constitution and establish national election laws?
111. 'o factions provide room for compromise?
Unit %
1. What is meant by the phrase 3implied powers4? What is the relationship between the
3necessary and proper clause4 and implied powers?
. What are the costs and benefits of having the 3elastic4 or 3necessary and proper
clause4 in the <onstitution?
". #homas 8efferson once argued that the 3necessary and proper clause4 should be
interpreted as if it read 3absolutely and indispensably necessary.4 'o you agree or
disagree with 8efferson? -xplain your position. )f the !upreme <ourt has a power as
important as the power to declare acts of <ongress unconstitutional, and therefore
null and void, should it be explicitly stated in the <onstitution? Why or why not?
%. )f the !upreme <ourt did not act as the ultimate guardian of the <onstitution, what
other institution or processes might serve this purpose?
(. Aeople in democracies that do not have 0udicial review have sometimes argued that
they do not want to entrust their rights to a handful of individuals sitting on a
supreme court. #hey say that they prefer to put their rights in the hands of elected
representatives deliberating in public. $ow would you respond to them?
*. $ow has 0udicial review been used to protect the rights of individuals from the tyranny
of ma0orities?
.. What was <hief 8ustice &arshalls argument 0ustifying the exercise of 0udicial review?
What were the constitutional and political strengths and wea+nesses of his
argument?
2. 9lthough 0udicial review is one means of protecting the rights of individuals from the
tyranny of ma0orities, sometimes the courts have failed. <an you cite examples in
which this happened?
6. <an the !upreme <ourt rule on the constitutionality of any issue that concerns it?
-xplain.
17. What do you thin+ of the idea of holding national referendums to decide the
constitutionality of very controversial legislation and policies li+e abortion?
11. What limits or chec+s are there on the !upreme <ourt and the power of 0udicial
review? 'o you believe that there are enough limitations on the power of the court?
1. 'efine the term 38udicial 9ctivism.4 Why is 0udicial activism so controversial?
1". )s the !upreme <ourt in modern times more or less representative of the people than
the <ongress? !hould we expect the court to be representative of the nation in some
way?
1%. !hould the Aresident be guaranteed that his nominees share the same political
philosophy and positions that he does?
1(. What are the advantages and disadvantages of having federal 0udges appointed, not
elected, to serve during good behavior?
1*. Would the composition of the !upreme <ourt be reflective of the political, economic,
racial, ethnic, and gender diversity of our citi:enry? Why or why not?
1.. What role, if any, should public opinion play in the !upreme <ourts deciding a
controversial issue?
12. )s it good that the !upreme <ourt doesnt hear political /uestions?
16. What recourse does <ongress have if the !upreme <ourt shoots down a law?
7. Would advisory opinions be a good thing, li+e the 1ritish system issues?
1. )s it good that parliament avoids deadloc+s?
. !hould the executive have to go before <ongress on a more regular basis li+e the
prime minister does before Aarliament?
". $ow can minority groups be heard in our system? -specially new minority groups?
%. $ow would you define 3necessary and proper4?
(. 'oes this clause contradict the principle of enumerated and limited powers? Why or
why not?
*. What are the benefits of placing elastic CflexibleD power in the hands of a
representative body?
.. What are the problems or dangers of placing elastic power in the hands of a
representative body?
2. What organi:ations changes might ma+e <ongress wor+ more effectively?
6. $ow might <ongresss processes for reviewing and debating proposed legislation be
streamlined? !hould they be? What values are served by streamlining or by not
streamlining these processes?
"7. 9rticle )), !ection 1, gives the president 3executive power4 but does not define what
that power is. What other provisions of 9rticle )) give an indication of what the
>ramers meant by executive power?
"1. What insights into the nature of executive power are provided in 9rticle )?
". Would you support a constitutional amendment to change the presidents tenure in
office from a fixed term to a vote?of?confidence system as in Great 1ritain? Why or
why not?
"". What are the advantages and disadvantages of having the president chose by the
people rather than the legislature?
"%. !hould the president be re/uired to appear before <ongress from time to time to
answer direct /uestions, as prime ministers are re/uired to do in parliamentary
systems? Why or why not?
"(. $ow would you define a 3feeble4 executive? )n what ways might a feeble executive
be as dangerous as an overly 3energetic4 executive?
"*. $ave the characteristics of a 3good administration4 changed since the creation of the
first administrative agency in 1.26? )f so, in what ways?
".. What powers do <ongress, the Aresident, and the courts have to help ensure 3good
administration4?
"2. What are the advantages and disadvantages of patronage? ;f civil service?
"6. !hould individual agencies or departments be able to create their own personnel
service standards outside the civil service laws? Why or why not?
%7. What chec+s on the exercise of administrative authority are available to prevent
agencies from using too much power?
%1. $ow does the national bureaucracy affect your every day life and that of other
9mericans?
%. )f the !upreme <ourt has a power as important as the power to declare acts of
<ongress unconstitutional, and therefore null and void, should it be explicitly stated
in the <onstitution? Why or why not?
%". )f the !upreme <ourt did not act as the ultimate guardian of the <onstitution, what
other institution or processes might serve this purpose?
%%. Aeople in democracies that do not have 0udicial review have sometimes argued that
they do not want to entrust their rights to a handful of individuals sitting on a
supreme court. #hey say that they prefer to put their rights in the hands of elected
representatives deliberating in public. $ow would you respond to them?
%(. 9lthough 0udicial review is one means of protecting the rights of individuals from the
tyranny of ma0orities, sometimes the courts have failed. <an you cite examples in
which this happened?
%*. <an the !upreme <ourt rule on the constitutionality of any issue that concerns it?
-xplain.
%.. What limits or chec+s are there on the !upreme <ourt and the power of 0udicial
review? 'o you believe that there are enough limitations on the power of the court?
%2. 'efine the term 38udicial 9ctivism.4 Why is 0udicial activism so controversial?
%6. )s the !upreme <ourt in modern times more or less representative of the people than
the <ongress? !hould we expect the court to be representative of the nation in some
way?
(7. !hould the Aresident be guaranteed that his nominees share the same political
philosophy and positions that he does?
(1. What are the advantages and disadvantages of having federal 0udges appointed, not
elected, to serve during good behavior?
(. Would the composition of the !upreme <ourt be reflective of the political, economic,
racial, ethnic, and gender diversity of our citi:enry? Why or why not?
(". What role, if any, should public opinion play in the !upreme <ourts deciding a
controversial issue?
(%. What contemporary issues do you +now about that involve conflict over the fairness
of representation in <ongress?
((. What arguments can you give to support the use of the -lectoral <ollege to select the
president? -xplain why you agree or disagree with these arguments?
(*. $ow is the electoral college a chec+ and balance of power?
(.. )s the electoral college still needed today?
(2. Would the confirmation hearings of 8ustice 1or+ fit the description in the opening
statement of the /uestion?
(6. Would <larence #homas thin+ that the confirmation process is nasty, brutish, and
long?
*7. Would !onia !otomayor thin+ that the confirmation process is nasty brutish, and
long?
*1. )s the 8udicial 1ranch really independent and removed from the political process?
*. $ow could the senate ma+e the confirmation process less of a televisted specticle?
*". )n what role to bar associations play in setting /ualifications to serve on the bench?
*%. !hould we have a constitutional amendment for a mandatory retirement age for
federal 0udges?
*(. !hould the exception clause be used more by the legislative branch?
**. !hould member of the !upreme <ourt be natural born citi:ens?
*.. $ow have presidents used the vesting clause in expand the power of their office?
*2. $ow have presidents used executive agreements to expand their power of their
office?
*6. $ow has the commander and chief clause been distorted by various president in our
history?
.7. $ow did the <old War define =onald =eagan?
.1. <an you explain =eganomics and how does it apply to the powers of 9rticle ))?
.. !hould a Aresident stand of a set of ideals or should he be more willing to
compromise and to wor+ with <ongress and our allies?
.". !hould we rewrite or redefine some of the clauses in 9rticle )) and ma+e them more
specific?
.%. 'o we really need a department of homeland security?
.(. $ow do we effectively reduce the si:e of government?
Unit (
1. What arguments can you ma+e for and against the constitutionality of faith based
charitable institutions receiving support from the federal government?
. What reasonable restrictions do you believe can be attached to the freedom of
assembly?
". $ow have the courts tried to balance the individuals right to free exercise of religion
with the interests of society?
%. #he press has been widely critici:ed for its intrusion into the lives of public officials
and other public figures. What limits to freedom of the press, if any, are appropriate
in relation to reporting on peoples private lives?
(. 'o you believe that criticism of the %
th
9mendments 3exclusionary rule4 allows
criminals to go free is valid? Why or why not?
*. )n capital murder cases should the state have the right to exclude from the 0ury all those
who opposed the death penalty? Why or why not?
.. What is the relationship of procedural due process to a republican form of government?
2. What +inds of government aid, if any, should church?related schools and colleges be
eligible to receive? Why?
6. What colonial experiences prompted 9mericans to insist on the >irst 9mendment
guaranteeing freedom of religion?
17. What is meant by the term 3a wall of separation between church and state4? What
reasons can you give for or against the establishment of such a wall?
11. What are 3religious tests4 for public office and what does the U! <onstitution say
about them? Why?
1. 'oes the U! !upreme <ourts decision banning school?sponsored prayer violate >irst
9mendment right to free speech? -xplain your position.
1". What are time, place, and manner restrictions? Under what circumstances, if any, do
those restrictions promote freedom of expression?
1%. When, if ever, do the rights of free speech come into conflict with the common good?
$ow should such conflicts be addressed?
1(. !ome argue that 9merican 0ustice is relative to your wealth. )s the fact that wealthier
9mericans can afford 3more 0ustice4 consistent with the principals of the 1ill of
=ights and 'ue Arocess?
1*. !hould vehicles be accorded the same degree of constitutional protection as
residences, i.e., should the care as well as the home be regarded as a persons
castle?
1.. !hould coach?led prayers in high school sports programs be considered a violation of
the establishment clause?
12. Would a law restricting the amount of money an individual or group can give to a
political party or candidate violate freedom of expression?
16. Under what conditions does speech and press turn into libel and slander?
7. !hould the right of association be interpreted to mean that organi:ations cannot
impose any limits on their membership? -xplain.
1. 'o you thin+ that the move by some cities and towns to prohibit gangs from
peacefully gathering in public par+s violates the freedom of assembly and
association? Why?
. !hould <hristian organi:ations be allowed to come onto a campus during the school
day and have meetings involving students? Why or why not?
". )n your opinion, what is the most important right protected by the due process clause?
-xplain.
%. 'o you thin+ laws that have been passed that re/uire minors accused of committing
particularly heinous crimes to be treated as adults before, during, and after trial are
consistent with the principals of due process? Why or why not?
(. Why is procedural due process called the cornerstone of civili:ed system of 0ustice?
*. What are the important differences between and 3adversary system4 of 0ustice and an
in/uisitorial system of 0ustice? Why did the United !tates choose to have an
adversarial system?
.. What should be done if law enforcement officers brea+ the law and violate individual
rights protected by the %
th
9mendment?
2. $ow would you explain the right against self?incrimination? What purposes does this
right serve? What are some limitations on the right against self?incrimination?
6. What are some of the procedural rights contained in the !ixth 9mendment? $ow do
these rights help guarantee a fair trial for people accused of crimes?
"7. 9 current issue before the !upreme <ourt is the constitutionality of applying the death
penalty e/ually and fairly. What is your opinion on the current debate over the
constitutionality of the death penalty?
"1. ;riginally &adison opposed adding a bill of rights because he doubted the
effectiveness of mere 3paper barriers.4 $as history shown the U! 1ill of =ights to
be nothing more than a 3paper barrier4? What evidence can you cite in support of
your view?
". What contributions did &adison ma+e to establish the principles of religious
freedom?
"". Why did the 1ill of =ights have little effect on the average person when it was first
adopted? Why and how has its effect on the average person increased in recent
years?
"%. !enators in the >irst <ongress eliminated the amendment that would have prevented
state governments from violating the right to freedom of conscience, speech, press,
and trial by 0ury in criminal cases. $ow might our constitutional history have been
different if &adisons proposed amendment had been adopted?
"(. )s there another way to achieve 0ustice outside of our adversarial system?
"*. What reforms are needed to bring our system of 0ustice closer to fairness?
".. What are the underlying causes of deficiencies in our 0ustice system?
"2. Why use 0uries, why not use 0udges?
"6. 'o you agree with 1uc+ley v. ,aleo?
%7. )s it acceptable for the +lan to burn a flag on school grounds?
%1. !hould student speech be censored?
%. !hould we resort bac+ to the concept of 0urror nullification? )s this a good idea?
%". $ow do 0urries allow ordinary citi:ens the opportunity to participate in government?
%%. Were else besides the .
th
9mendment does it tal+ about 0urries in the constitution?
%(. !hould we move away from 0ury trials in the U! and more towards 0udge only trials
li+e what they have in many european countries?
%*. What re/uirements should we have in the U! to serve on a 0ury?
%.. What role do grand 0uries play in the 0udical process and how are they an example of
limited government?
%2. Why are 9mericans so protective of their right to a trail by 0ury when other -uropean
countries have all but abandoned this right?
%6. What has the !upreme <ourt said about the responsibility of 0urrors and the 9merican
0ury system?
(7. $ow should the number of preemptatory challenges be set in a civil or criminal case?
(1. !hould the selection of 0urrors be different in a civil or a criminal case?
(. -xplain the !upreme <ourt <ase of BE #imes v. !ullivan and the ruling of the case
and if you agree with it?
(". -xplain the !upreme <ourt <ase of BE #imes v. U! and the ruling of the case and if
you agree with ith?
(%. !hould the media act more as a watchdog on government instead of a informational
arm of the government?
((. Where else in the contitution does it infer the right to freedom of speech or press for
the media?
(*. !hould wisle blower be given more protection if they come forward against
governmental actions?
(.. Was the lea+ of the Aentagon Aapers a good thing?
(2. $ow should we rectify the conflict between freedom of press and national security?
(6. $ow do 1ills of =ights conflict with the idea of popular soverignty?
*7. !hould the right of habeas corpus be redifined after 6?11?
Unit *
1. What advice would you give to those groups in 9merica that feel their rights are not
being ade/uately protected?
. Giving the fundamental changes that have occurred in the past 77 years, do you really
believe that the >ramers of the <onstitution designed a system to deal with the
problems that face our large, diverse, high technological society?
". Who do you believe should be responsible for extending rights, the courts or the state
legislatures or <ongress?
%. What is the genius of our <onstitution?
(. Give the problems that you have identified, do you believe the <ongress or the <ourts
are best suited to solve these problems? -xplain your answer?
*. Eou argue that low voter turnout is a problem. $owever, we are at peace, our economy
is at its highest point in 9merican history so doesnt that show that voting really
doesnt matter?
.. What is more important to you, the /uantity of voters or the /uality of voting? -xplain.
2. 'o you believe that the school systems of our country should be involved in trying to
increase the civic virtue of our citi:ens? What problems do you see with this?
6. Given all that you have studied, do you believe that it is possible to determine the
common good in the United !tates?
17. !hould non?citi:ens, who must pay taxes and obey the governments laws, have a
voice in that government by being permitted to vote? Why or why not?
11. Why should being born in the U!9 automatically ma+e a person a citi:en? 9re there
better ways of determining who should be a citi:en? !hould a person have to
/ualify in some way to be a citi:en?
1. )n some countries, citi:ens who do not vote are fined. 'o you thin+ that this is a good
way of getting citi:ens to ta+e their right to vote seriously? Why or why not?
1". 'o citi:ens have any other civic obligations other than voting? -xplain.
1%. !hould documents such as the Universal 'eclaration of $uman =ights be regarded as
a source of unenumerated rights under the <onstitution? Why or why not?
1(. What are the most important differences between the 1ill of =ights and the Universal
'eclaration of $uman =ights?
1*. )n your opinion what role should the U! play in promoting respect for human rights
throughout the world?
1.. #he >ounders believe that republican self?government re/uired a greater degree of
civic virtue than did other forms of government. Why did they hold that belief?
$ow did they reconcile it with their belief in the natural rights philosophy?
12. #o promote good citi:enship the >ounders supported both religious instruction and
civic education. 9re those purposes still important to good citi:enship today? Why
or why not?
16. $ow might 5oc+e and the other natural rights philosophers have resolved the issues
of life, liberty, and property as these rights exist on the internet?
7. !hould government regulate freedom of expression in cyberspace? Why or why not?
1. $as the potential of the )nternet fundamentally altered the nature of representative
government? Why or why not?
. &any 9mericans believe that the best way to achieve the common good is for each
person to wor+ for his or her self?interest? 'o you agree?
". What do you consider to be the principle obligations of good citi:enship?
%. 'oes civic responsibility imply that citi:ens not only obey laws, but report
lawbrea+ers to authorities?
(. 'iversity and republicanism are diametrically opposing ideas. )s it possible to call
ourselves a republic with the diversity that we have?
*. )s there such a thing as too much diversity? -xplain.
.. What advantages and disadvantages do you see for our constitutional democracy with
the explosion of computer technology?
2. )s immigration a state or national issue?
6. What is the influence of technology on politics and civic engagement today?
"7. !hould criteria for naturali:ation be changed?
"1. !hould 9mericans have to ta+e a test to en0oy citi:enship or vote?
". )s de facto segregation more difficult to change the de jure segregation? Why or why
not?
"". 'oes de facto segregation occur today based on race, ethnicity, gender, or other
characteristics? -xplain.
"%. )s there ever such there ever such thing as permissible segregation? Why or why not?
"(. Under what circumstances, if any, do you thin+ a citi:en in a representative
democracy has the right to engage in civil disobedience? -xplain.
"*. $ow might &artin 5uther Ging 8r. respond to the charge that those who followed
their consciences to defy local segregation laws were no different from white
protesters who defied court orders to integrate?
".. $ow is civil disobedience different from merely brea+ing the law?
"2. What is the difference between legal and moral rights and obligations of 9merican
<iti:ens?
"6. 9re you in favor of a 9mnesty program for citi:enship?
%7. What can a country set its own /ualifications for citi:enship?
%1. 9re you in favor of a /uota system for immigration to the U!?
%. What is the difference bewteen a citi:en and a non?citi:en?
%". !hould everyone have political right in the U! reguardless of citi:enship status?
%%. !hould we have mandatory civil service in the U!?
%(. !hould we have mandatory voting in the U!?
%*. $ow can we foster a sense of community in a country that is as big and diverse as the
U!?
%.. Which idea should be more important in our <onstitutional 'emocray the <lassical
=epublican idea of <ommunity or Batural =ights?
%2. !hould we have referendums and inititives at the national level of our government?
%6. What role does petitions play as procedures to repeal a law?
(7. !hould more states adopted referendums and inititives in their state governments?
(1. <an people resort ot civil disobedience if they want to repeal a law?
(. What role do elections play as a procedure to repeal a bad law?
(". !hould we have a national referendum on the 9ffordable $ealth <are 9ct?
(%. Would #omas Aaine supprt &5G actions in 1irmingham?
((. )s <ivil 'isobedience an acceptable form of protest to change a law?