CALIFORNIA WE THE PEOPLE:

THE CITIZEN AND THE

CONSTITUTION
SAMPLE SUGGESTED FOLLOW-UP
QUESTIONS FOR HIGH SCHOOL
HEARINGS
Developed by State Coordinator David Richmond and Consulting
Mentor Teachers from around the We the People Network.
INTENT: This supply of questions is only intended to assist the
teacher new to the We the People culminating hearing program who
may be having a hard time determining the types of questions that
may be asked by panels of judges. By no means are these questions
to be seen as ofcial or necessarily insightful into the actual WTP
competitive event. They are merely provided to assist teachers in
the hard work of preparing their students for a showcase or
competitive event. Please let us know at the California We the
People program whether or not these are helpful and how we may
improve.
Unit I: What Are the Philosophical and Historical Foundations of the American Political
System?
What factors motivated some of the founders to accept that virtue could not be relied
upon to govern?

Should some rights be given more protection than other rights? Why or why not?

What specific parts of the Constitution reflect Classical Republican theory? Natural
Rights theory?

The Enlightenment often is called the ge of Reason!" #s that an appropriate

description? Why or why not?

Supporters of the $eclaration in the Continental Congress claimed that it only declared a
fact of independence that already e%isted!" Were they right or wrong? What evidence
can you offer?

#s it possible for a College Educated& wealthy professional& to represent the interests of

the uneducated& poor class of people? E%plain your answer!

#s it possible for a democracy to function without a written constitution? E%plain your

position!

Can you reconcile the Necessary and 'roper Clause" with the concept of the Rule of
(aw? E%plain!

$oes the fact that the 'resident has e%ecutive privilege and immunity" conflict with the
idea of constitutional government and the rule of law? Why or why not?

)*!Since the people" cannot directly pass laws& or amend the Constitution& are they truly
sovereign? Why or why not?
))!Why do you thin+ mericans in the ),
th
Century were so receptive to the new ideas
that developed out of the Renaissance and Reformation?
)-!Why did the colonists believe that it was reasonable to limit suffrage to those who
possessed at least some property?
Why did most early state constitutions provide for strong legislatures?
.ow did religion influence the /ounders0 belief about government?
$o you agree with the notion that mericans returned to the state of nature" in the
)11*0s? Why or why not?
2ased upon your understanding of the fundamental principles of constitutional
democracy& do you believe the merican Colonists were 3ustified in declaring
independence from England? 4ustify your answer!
$oes the $eclaration of #ndependence provide for Sovereignty in the 'eople of the
5nited States& or in the 'eople of the individual States? E%plain your answer!
.ow do you understand the need for a moral education" as espoused by the classical
republicans in contemporary merican education?
$o mericans today possess the right to revolution"? E%plain your answer!
Today0s mericans seem to be strongly opposed to the notion of group rights"! $o you
believe that thee should be such an idea of rights possessed by groups? Why or why not?
#s an independent 3udiciary essential for a constitutional government? Why or why not?
Were events such as the Watergate scandal& the #ran Contra Scandal& or the #mpeachment
of 2ill Clinton e%amples of the effectiveness and efficiency of our constitutional system
6R an e%ample of the failure of constitutional government? E%plain your position!
#s it possible for a democratic republic to function without a written constitution? Why or
why not?
$oesn0t the e%istence of the 'ardon 'ower" within the E%ecutive 2ranch undermine the
principles of constitutional government? Why or why not?
$o the development of the state constitutions developed between )111 and )1,7 reveal a
consistent belief in the principle of separated powers and chec+s and balances? E%plain!
8ost state constitutions written during the revolutionary period began their constitutions
with declaration of rights& yet the /ederal Constitution ratified in )1,, did not! Could
you e%plain the reason9s: for this difference?
UNIT II: How did the Framers reate the onstitution?
1.$o you believe that the rticles of Confederation was truly a failure and that we could
not have survived without redrafting a new Constitution? E%plain your position!
2.$id the /ramers e%ceed their power by deciding to discard the rticles of Confederation
and write a new constitution?
3.6ne legacy of the rticles of Confederation established was a fear and distrust" of a
strong national government! $o you thin+ this fear was legitimate? .ow has this fear
affected merican political life in the last 7* years?
4.$o you believe that (( of the changes made by the /ramers in 'hiladelphia were an
improvement over the rticles? Why or why not?
5.The rticles of Confederation located sovereignty within each individual state! What are
the advantages and disadvantages of doing so?
6.Why did the /ramers of the rticles fail to provide for an e%ecutive and a 3udicial branch
of government?
7.#t has been said by some historians that despite its wea+nesses& the rticles of
Confederation made lasting contributions to merican government!" $o you agree with
that assessment? Why?
8.Why does the /irst mendment to the National Constitution seem to protect religious
freedom much more than many of the state constitutions?
9.$o you believe that the national 2ill of Rights was necessary given the federal design of
the Constitution? Why or why not?
10.#n regards to forming a 5nion& what advantages and disadvantages do you see in 4ames
8adison0s ;irginia 'lan?
11.5sing history as your guide& do you believe the <reat Compromise" was beneficial to
the 5nited State in the long term? Why or why not?
12.$oes the /ederal System of government& born out of the 'hiladelphia convention
establish effective limits and power and protections of individual liberty 6R create
confusion and inefficiency? E%plain your position!
13.What specific problems of the rticles of Confederation are addressed by the
'hiladelphia Constitution? 'lease use e%amples from the documents to develop your
answer!
14.(oo+ing at merican .istory as your guide& who was right about the need for a 2ill of
Rights& the /ederalists0 or the nti=/ederalists0?
15.#s it accurate and legitimate to call our system of government a limited government"
when you have a general welfare" clause and a necessary and proper" clause?
16.#n your opinion& what was more important to the /ramers in protecting individual rights&
the 2ill of Rights or Representation? E%plain your position!
17.The secrecy rule used at the 'hiladelphia convention remains controversial! Some
believe it is counter to democratic principles while others say that it freed delegates to
thin+ out loud" and to compromise! What is your 3udgment?
18.Was the >?7 compromise a necessary and 3ust compromise? E%plain!?
19.$oes Civic ;irtue have any role to play in our contemporary political system? Why or
why not?
20.The /ramers at 'hiladelphia were opposed to more direct forms of democracy& which is
reflected in their decision to have a bicameral Congress! E%plain why they were opposed
to direct democracy!"?
21. s long as you have a separate and independent E%ecutive and 4udicial 2ranch& is
bi=cameralism necessary? E%plain your position!
22. Some in merica argue that our Constitution is no longer able to guide us through
-)
st
century cultural and political realities! <iven that& what necessary changes to our
Constitution do you thin+ are necessary? E%plain!
23. What were <eorge 8ason0s ob3ections to the Constitution? $o you agree or
disagree with his arguments?
24. ccording to the nti=/ederalists& the necessary and proper clause" gave too
much power to Congress! $o you agree or disagree? Why?
25. Why did the /ederalists thin+ they could not rely 3ust on civic virtue to ma+e the
new national wor+ properly? $o you agree or disagree?
26. The /ederalists believed that state governments were li+ely to abuse their powers
than the federal government! re they e%amples from history that support their position?
E%plain!
27. #t has been said by many that the /ederalists Won" the debates during ),,1=,,!
$o you agree or disagree with this statement? Why or why not?
28. $oesn0t the design of the Senate provide for an unfair political advantage for
smaller states vis=@=vis larger states? Why or why not?
29. $oes the si%=year term of office for 5S Senators protect them from accountability
to the merican people? Why or why not?
30. $oesn0t the fact the powers vested in the E%ecutive 2ranch are vague lead to the
possibility of developing a elected monarch? Why or why not?
UNIT III: How has the onstitution !een chan"ed to Further the ideals contained in the
#eclaration of Independence?
1..ow does the )A
th
mendment specifically address the problems faced by frican=
mericans before the Civil War?
2..ow did ratification of the )A
th
mendment reflect the failure of the original Constitution
to achieve the goals stated in the 'reamble?
3..as incorporation undermined the nti=/ederalists0 desire to protect state sovereignty
through a 2ill of Rights?
4.The impact of the )A
th
mendment did not really ta+e effect until the )B-*0s! Why do
you thin+ it too+ so long for the mendment to ta+e effect?
5.#n your opinion& is ffirmative ction consistent or inconsistent with both the principles
and the literal words of the )A
th
mendment? E%plain your position!
6.The words substantive" due process are nowhere to be found in the literal language of
the Constitution nor within the debates of the framers! <iven that& is there any legitimate
constitutional basis for protecting substantive" due process?
7.8any legal and constitutional historians have sharply criticiCed Chief 4ustice Taney0s
opinion in $red Scott v! Sanford! $o you believe this is legitimate criticism in light of
the conte%t of the time and the words of the Constitution? Why or why not?
8.$oes the )A
th
mendment0s EDual 'rotection Clause protect se%ual preference as a civil
right? Why or why not?
9.$oes a state& under our social contract and constitutional system& have a right to secede
from the union? Why or why not?
10.#s there a right to privacy under our constitutional system of law? #f so& where do you
find this right?
11.re political parties a means that unite the merican people or are they instruments of
discord and dissension" which divide us as citiCens? E%plain your answer!
12.Why is it that third parties have never really caught on in merica0s political culture? $o
you see that changing in the near future?
13.Could merica0s constitutional democracy survive without political parties? Why or why
not?
14.#s voting in your opinion a fundamental right? #f so& then how do we 3ustify denying
anyone the right to vote?
15.<iven that we are a republic and not a direct democracy& does low voter turnout really
undermine merican democracy? E%plain your answer!
16.Since the founding period& we have e%panded the vote to include all adult 9over )E:
mericans who are not institutionaliCed! #s there any necessity to e%pand voting rights to
any other group or to change federal voting laws?
17.Why did women argue that the )A
th
mendment gave them the right to vote? .ow did
the Supreme Court counter their argument?
18.What reasoning supported tying the vote to property ownership? $o you agree or
disagree with that reasoning?
19.The Women0s Suffrage movement essentially began in ),A,& yet it was not until )B)B that
women finally received this suffrage right! What historical and political factors e%plain this
lengthy time frame for women to receive this fundamental right?
20.#s 4udicial Review necessary to having a Constitutional Republican? Why or why not?
21.2rutus& in his )7
th
paper argued that the /ramers had established a system which would
lead to 4udicial tyranny! Was he correct? Why or why not?
22.E%plain Chief 4ustice 4ohn 8arshall0s rationale behind the 8arbury decision which
legitimiCed the authority of 4udicial Review! Was 8arshall right given that the term
3udicial review is not mentioned in the Constitution?
23.Some 3udicial e%perts believe that the debate over the method of interpretation& i!e!&
3udicial activism is a political debate& not a constitutional debate! They cite that there is not
mentioning within the founding documents of guidelines to how 4ustices should interpret
the Constitution! $o you agree with these critics? Why or why not?
24.Thomas 4efferson believed that both the E%ecutive and (egislative 2ranches had the
eDual power to interpret the Constitution as the 4udiciary! $o you agree? Why or why
not?
25.Some critics argue that the Supreme Court is a body with no effective chec+s on power!
$o you agree with these critics? Why or why not?
26.Should federal courts be able to provide guidance to legislatures on how to implement
court decisions or would that be a violation of their constitutional duty and authority?
E%plain your position!
27.What criteria do you believe a Senator should reference when deciding whether or not to
confirm a presidential nomination to the Supreme Court?
28.What rationale did the /ederalists develop to defend the creation of an #ndependent
4udiciary in the Constitution of )1,1?
UNIT I$: How ha%e the $alues and Principles em!odied in the onstitution shaped
American Institutions and Practices?
)! <iven the power of the 'residency in rticle ## and the fact that
originally there was no limit on terms served by the 'resident& don0t you thin+ that the
merican 'residency is very similar in power and structure to that of a limited 8onarch?
Why or why not?
-! rticle # of the Constitution says that Congress has all powers
herein granted"& but rticle ## says that all e%ecutive power shall be vested" in a 'resident!
.ow do you account for and e%plain the difference in wording by the /ramers?
>! Would you support a constitutional amendment to change the
president0s tenure in office from a fi%ed term to a vote=of=confidence system as in <reat
2ritain? Why or why not?
A! What are the advantages and disadvantages of having a 'resident
chosen by Electoral College?
7! Should the 'resident be reDuired to appear before Congress from
time to time to answer direct Duestions& as prime ministers are reDuired to do in parliamentary
systems? Why or why not?
E! #n /ederalist F1*& le%ander .amilton argued for the necessity of
an energetic presidency"! $oes the allowance of e%ecutive privilege& immunity& order& and
signing statements allow for too energetic of an e%ecutive? E%plain your position!
1! Should the 'resident have significantly more power than Congress
when it comes to issues of War and /oreign ffairs? Why or why not?
,! <ive the demographics of Congress& versus the demographics of
the people of the 5nited States& do you believe that Congress truly represents the merican
people? E%plain!
B! #n your opinion& if we went to a unicameral system& how would
that effect the power and efficiency of Congress?
)*! 8any states have moved to term limits on their legislative
branches! $o you believe the Constitution should be amended to allow for term limits on
members of the .ouse and Senate? Why or why not?
))! .ow would you distinguish between the e%pressed& implied& and
inherent powers of Congress?
)-! .ave the advanced development of political parties undermined
the theory of congressional representation and power found in the /ederalist 'apers?
E%plain!
)>! #n almost every amendment ratified since the )>
th
& Congress has
been given enforcement" power! .as this been a good idea? Why or why not?
)A! $o you believe that the rules that both the .ouse and Senate have
set up for the day to day business of the Congress are consistent with the principles and
values of Representative <overnment? Why or why not?
)7! When it is said that the people" delegate their power to both the
state and the national government& do you feel that people have delegated power of conceded
power? E%plain!
)E! #s it reasonable and pragmatic to divide sovereignty to both the
state and national governments? Why?
)1! <iven your understanding of history& do you believe that we have
moved more towards a unitary form of government? #f so& has this been a positive move for
mericans?
),! Was the establishment of merica0s /ederal System a well thought
out plan of government or a byproduct of whimsy and happenchance?
)B! #f the state government believes that the national government has
ursurped state authority& what protections and?or options do states have to resist federal
encroachment?
-*! #f the state government refuses to follow a legitimate national law&
what remedies does the federal government have to force the state government to abide by
the supremacy clause?
-)! Should all licensing& i!e!& teachers& drivers& doctors& lawyers& and
marriage be under national 3urisdiction or should each individual state be able to ma+e their
own rules for licensing? Why or why not?
--! E%plain why you believe the national government has grown
significantly over the past )** years or so!
->! $o you believe that the National <overnment should have any role
in the regulation of public education? Why or why not?
-A! 8any critics have said that the national government has abused it0s
constitutional authority in the past 7*=E* years! $o you agree? #f so& please provide specific
e%amples and constitutional references to support your position!
-7! .ow might the federal system provide a challenge to a citiCens0
loyalty?
-E! 2oth .ouses of Congress have the authority to establish their own
rules for the function of the day to day business of Congress! $o you thin+ these rules add to
the strength of our constitutional republic? Why or why not?
-1! .ow does the use of committees in Congress promote or
undermine the principles of representation& ma3ority rule& and limited government?
-,! $oes the filibuster in the Senate ultimately eDuate with tyranny of
the minority? Why or why not?
-B! .ow would you e%plain federalism to a non=merican?
>*! 8any states have adopted measures of direct democracy li+e the
initiative& referendum& and recall! What arguments might be made for adopting these at the
national level?
UNIT $: What &i"hts does the 'ill of &i"hts Protect?
)! The speech clause of the /irst mendment has been interpreted to mean e%pression!"
$o you accept this interpretation which allows for e%panded liberty to clothing& body art&
music& theatre and film& when in fact& the /ramers were specifically addressing political
speech? E%plain your position!
-! Should those who wor+ for the /ederal <overnment or in the 5S 8ilitary be protected
under the )
st
mendment to advocate anti=democratic ideas? Why or why not?
>! Would a law restricting the amount of money an individual or group can give to a
political party or candidate violate the )
st
mendment? Why or why not?
A! Should the right to association be interpreted to mean that organiCations cannot impose
any limits on their membership? E%plain your position!
7! Should a member of the 'ress have shield law protection under all circumstances? Why
or why not?
E! Why has the power to regulate in the area of religious belief and practice proved to be
difficult and controversial?
1! Why does the /irst mendment distinguish between free e%ercise and the establishment
clause?
,! $o the words #n <od We Trust" printed on 5S currency and the phrase 6ne Nation
5nder <od" found in our 'ledge of llegience violate the Establishment Clause of the
/irst mendment? Why or why not?
B! Should controversial groups li+e the Neo=NaCi0s& Radical #slamics& and the GGG have to
pay for e%tra police protection when organiCing a public rally? Why or why not?
)*! #n your opinion& do all of the rights found in the body of the Constitution have a common
thread or are they independent of each other? E%plain!
))! $o you believe that 8adison was right in regards to the rights on the body of the
Constitution providing enough protection& thus alleviating the need for a 2ill of Rights?
E%plain your position!
)-! Should there be limits placed on the habeas corpus rights? Why or why not?
)>! Why is it important& as rticle # does& to protect the political rights of those serving in
Congress?
)A! $o you thin+ laws that reDuire minors accused of committing particularly heinous crimes
to be treated as adults before& during& and after trial? Why?
)7! #n your opinion& should the due process reDuirements in schools and in private businesses
be the same as they are in the criminal 3ustice system? Why or why not?
)E! Should non=citiCens 9persons: residing on merican soil en3oy due process protections
found in both the body of the Constitution& the 2ill of Rights& and the )A
th
mendment?
Why or why not?
)1! $o you believe that those convicted of a crime and sentenced to prison should still retain
due process rights? Why or why not?
),! $o you agree that individuals convicted of a felony& who have served their sentence in
good standing& should lose their right to vote? Why or why not?
)B! #s a warrantless search ever 3ustified?
-*! $o you believe that the e%clusionary rule& applied to the states through 8app v! 6hio& has
any practical effect in contemporary merica? Why or why not?
-)! $o you agree that students on a public school campus should not have to meet probable
cause standards that apply to general society? Why or why not?
--! $o you believe that most mericans truly believe in the concept of innocent until proven
guilty? 'rovide evidence to support your position!
->! What reasoning did the court use when it established the 8iranda rule? $o you agree
with this ruling? Why or why not?
-A! #f someone refuses to answer Duestions by the police& or to be a witness in his or her own
defense at trial& are we entitled to assume that the person is guilty? Why or why not?
-7! Why do you thin+ that the 7
th
mendment is particularly under threat during times of
national stress or emergency?
-E! The /irst mendment is stated in absolute termsH Congress shall ma+e no law respecting
an establishment of religion!" $oes that wording reflect hostility toward religion? Why
or why not?
-1! Would a state policy that allows the government to subsidiCe student tuition at a private
religious school violate the /irst mendment0s Establishment Clause? Why or why not?
-,! Should any limits be placed on the /reedom of e%pression of professors at state
universities whose courses are reDuired for graduation? E%plain your position!
-B! Should high schools be allowed to have religious figures spea+ at graduation ceremonies?
Why or why not?
UNIT $I: What hallen"es (i"ht Face American onstitutional #emocracy in the
Twenty)First entury?
)! Constitutional Republicanism seems to function in a society where there e%ists a
homogeneous population& but cannot e%ists where diversity is dominant! $o you agree
with this statement? Why or why not?
-! $oesn0t the fact that we allow states to have sovereign immunity& the 'resident to have
E%ecutive #mmunity and Congress to have Congressional #mmunity establish that we
don0t really believe in the Rule of (aw?
>! merica established itself as a historical e%ception in regards to self government as well
as preached that our nation has always been a city=upon=a=hill" in representing human
ideals! $oes you understanding of merican .istory confirm or challenge these ideas?
A! Can you provide e%amples within the last )* years in which the concept of Rule of (aw
has been fulfilled in merica0s constitutional democracy?
7! Why have most new or emerging" democracies chosen to develop 'arliamentary
systems of government rather than 'residential systems li+e our own?
E! $o mericans have any responsibility in promoting democracy and protecting rights in
other nations around the world? Why or why not?
1! #s rule of law possible in a nation that is intended to be slow and inefficient? Why or why
not?
,! Compared to older mericans& younger mericans are reasonably well engaged in civic
life& but significantly less engaged in political life! Why do you thin+ this is the case and
what could or should be done about it?
B! Can a nation of people who are consumed with economic consumption& leisure time& and
technology truly be engaged in the nation0s political life?
)*! #sn0t it true that our government would still continue to function well and protect rights
even if only 7I of the people actively participated? E%plain!
))! $oes technology ma+e democracy more efficient and citiCens more effective? E%plain
your position?
)-! .ow would you distinguish between self=interest and enlightened self=interest?
)>! $o you thin+ every citiCen should be reDuired to perform some +ind of national service at
some point in his or her life? Why or why not?
)A! Should resident aliens be able to vote in local and state=wide elections? Why or why not?
)7! Should resident aliens who are employed be able to receive all governmental aid provided
to citiCens? Why or why not?
)E! Should natural born citiCens be reDuired to ta+e a civics?citiCenship test in order to be
Dualify to vote& as resident aliens do? Why or why not?
)1! Should citiCens be able to sue media outlets who have been found to be producing and
providing false information? Why or why not?
),! $o you believe that the /airness $octrine should be reapplied to Television stations?
Why or why not?
)B! #s civil disobedience ever a 3ustified form of political participation? What evidence can
you offer to support your opinion?
-*! $o you believe that most mericans today both believe in& and practice civil discourse?
Why or why not?
-)! Should a citiCen be held liable if they were to be participating in a public protest by
providing inaccurate& misleading& and false information? Why or why not?
--! Should hate speech e%pressed by a large group of people in a non=violent assembly be
protected? Why or why not?
->! $o you believe that we should pass a law providing financial penalties for those citiCens
who do not vote? Why or why not?
-A! 8any mericans are critical of a Supreme Court that is able to interpret" and change the
law through 3udicial review! <iven that& would you support a constitutional amendment
that limited the terms of Supreme Court 4ustices and provided that they were directly
elected? Why or why not?
-7! Why do you thin+ we have had relatively few constitutional amendments in our --* year
history?
-E! What obligations do we reDuire of merican citiCens? $o you believe we as+ enough of
our citiCens? Why or why not?
-1! $oes the fact that most mendments since the )>
th
provide enforcement power" to the
Congress upset the doctrine of Separation of 'owers? Why or why not?
-,! .ave we achieved the goals set out in the )A
th
mendment and the Civil Rights ct of
)BEA? Why or why not?
-B! Should all mericans be reDuired to ta+e the 6ath of llegiance to the 5nited States
when they register to vote? Why or why not?
>*!