Download district level hearing questions

Level III Questions with Suggested Follow-Ups
(For the questions found in the teacher’s guide for We the People: the Citizen and the Constitution)
Unit One: What Are the Philosophical and Historical Foundations of the American
Political System?
1. How did both classical republicans and the natural rights philosophers influence the
Founders’ views about government?

What are the essential differences between classical republicanism and natural rights
philosophy?

Why do both classical republicans and natural rights philosophers stress the need for
education and preparation for citizenship?
Suggested follow-up questions:
a. What did the natural rights philosophers mean when they said that each person has “certain
unalienable rights”?
b. What is civic virtue and why did classical republicans think it was essential?
c. What civic virtues, if any, are important for young people today? Why?
d. What might be the consequences to individuals and a society of too great an emphasis on the
common good at the expense of individual rights? Why?
e. What might be the consequences of too great an emphasis on individual rights at the expense
of the common good? Why?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit One: What Are the Philosophical and Historical Foundations of the American
Political System?
2. What are the fundamental characteristics of a constitutional government?

In what ways does constitutional government mean limited government?

Describe at least three provisions of the Constitution that provide a means of preventing
the abuse or misuse of governmental power. Explain how these provisions work in our
system of government today.
Suggested follow-up questions:
a. What is popular sovereignty and how does it contribute to constitutional government?
b. How and why do free, fair, and regular elections serve to limit government?
c. How does a constitutional government differ from an authoritarian government?
d. How is social contract theory related to limited government?
e. What is the purpose of a constitutional government?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit One: What Are the Philosophical and Historical Foundations of the American
Political System?
3. What effect did colonial experiences have on the Founders’ views about rights and
government?

In what ways were eighteenth-century American and British societies similar or
dissimilar in terms of the rights of individual liberty, equality of opportunity, and
property?

How did early state constitutions reflect colonial experiences as well as the ideas of
classical republicanism and the natural rights philosophy?
Suggested follow-up questions:
a. Why did American colonists have greater opportunities to achieve prosperity than did most
people in Europe?
b. Why did the colonists believe that it was reasonable to limit suffrage to those who possessed
at least some property?
c. In what ways did Americans’ colonial experience prepare them to write state constitutions
after the Revolution?
d. Why did most early state constitutions provide for strong legislatures?
e. Why did the colonists believe that their legislators should be required to live in the districts
they represented?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Two: How Did the Framers Create the Constitution?
1. How does the Constitution limit government power to protect individual rights while
promoting the common good?

Why did the Federalists and Anti-Federalists disagree on whether the Constitution
sufficiently protected individual rights and promoted the common good?

What responsibilities, if any, do citizens have for seeing that individual rights are
protected and the common good is promoted?
Suggested follow-up questions:
a. Why did the Framers fear a strong central government?
b. How does the Constitution balance state powers with powers granted to the national
government?
c. Not adding a Bill of Rights has been called the Framers’ greatest tactical error. Do you agree
or disagree with that judgment? Why?
d. How would you define the common (or public) good and what are some current issues that
involve the public good?
e. What individual rights do you think are most in need of protection today? Why?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Two: How Did the Framers Create the Constitution?
2. What were the major conflicts at the Philadelphia Convention and how were they
resolved?

What arguments can you make for and against giving each state the right to send the
same number of members to the Senate?

What arguments can you make for and against including the three-fifths clause and the
fugitive slave clause in the Constitution?
Suggested follow-up questions:
a. What objections did Madison have to the Great Compromise? Do you agree or disagree with
his position? Why?
b. What was the significance of the Three-Fifths Compromise?
c. Why did disagreement over representation create a crisis in the Philadelphia Convention?
d. Would you favor or oppose a constitutional amendment to make representation in the Senate
proportional? Why?
e. Is compromise as important in settling major conflicts today as it was in the Philadelphia
Convention? Why or why not?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Two: How Did the Framers Create the Constitution?
3. What were the major differences between the Federalists and Anti-Federalists?

How did the arguments of the Federalists and the Anti-Federalists reflect their points of
view regarding natural rights, republicanism, and the powers of the states?

Why are the Federalist and Anti-Federalist debates still relevant today?
Suggested follow-up questions:
a. Why did the Anti-Federalists believe that representative government could work only in
small communities of citizens with similar interest and beliefs?
b. How did the Federalists respond to the Anti-Federalists fears about a large republic?
c. Why did the Federalists believe that they could not rely solely on civic virtue to make the
new nation work properly? Do you agree or disagree? Why?
d. What role, if any, can or should civic virtue play in today’s society?
e. Why did the Federalists claim that the Constitution did not need a Bill of Rights? Do you
agree or disagree with them? Why?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Three: How Has the Constitution Been Changed to Further the Ideals Contained in
the Declaration of Independence?
1. What are the basic purposes of the Fourteenth Amendment?

How are questions left unresolved at the Philadelphia Convention addressed in the
Fourteenth Amendment?

How are the due process and equal protection clauses of the Fourteenth Amendment
related to principles of limited government?
Suggested follow-up questions:
a. How would you distinguish between equality of condition and equal protection of the laws?
b. How would you explain due process of law?
c. How do due process guarantees affect your rights in civil or non-criminal matters?
d. How would you explain the doctrine of incorporation?
e. How has the Fourteenth Amendment been used to promote equal treatment for all
Americans?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Three: How Has the Constitution Been Changed to Further the Ideals Contained in
the Declaration of Independence?
2. How and why has suffrage been expanded in the United States?

Why has the expansion of suffrage been controversial?

How have advocates of expanded suffrage used their rights under the First Amendment to
achieve their goals?
Suggested follow-up questions:
a. How is the right to vote related to the principle of representative government?
b. Why did women argue that the Fourteenth Amendment gave them the right to vote? How did
the Supreme Court counter their argument?
c. What reasoning supported tying the right to vote to property ownership? Do you agree or
disagree with that reasoning? Why?
d. Should the voting age be lowered even further? Why or why not?
e. In what ways, if any, is the right to vote related to social contract theory?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Three: How Has the Constitution Been Changed to Further the Ideals Contained in
the Declaration of Independence?
3. What are the major arguments for and against judicial review?

Alexander Hamilton claimed in Federalist No. 78 that “the interpretation of the laws is
the proper and peculiar province of the courts.” Do you agree or disagree? Why?

What are the advantages and disadvantages of an appointed, life-tenured branch of
government overturning laws passed by a democratically elected body of government?
Suggested follow-up questions:
a. The Constitution does not mention judicial review. How and why has it become an accepted
idea?
b. In what circumstances, if any, should the national judiciary have the power to declare state
laws unconstitutional?
c. Should the executive and legislative branches, as well as the judiciary, have the power to
declare what the Constitution means? Why or why not?
d. How is the concept of judicial review related to the concept of checks and balances?
e. What recourses, if any, are available if the Supreme Court declares a law unconstitutional?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Four: How Have the Values and Principles Embodied in the Constitution Shaped
American Institutions and Practices?
1. In the Constitution, why are the powers of and limits on Congress addressed first and
in greater detail than those of other branches?

In addition to the powers granted to Congress in Article I, what other provisions in the
Constitution address legislative powers? Why?

How have the “enforcement” provisions of amendments adopted since the Civil War
increased Congressional power?
Suggested follow-up questions:
a. How does the Bill of Rights limit the powers of Congress?
b. How would you distinguish between the expressed or enumerated powers of Congress and its
implied powers?
c. What are the purposes of Congress’ power to investigate and why is that power important?
d. Why do you think the Thirteenth Amendment was the first to give Congress the power to
enforce it “by appropriate legislation”?
e. Does the “necessary and proper” clause contradict the principle of enumerated and limited
powers? Why or why not?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Four: How Have the Values and Principles Embodied in the Constitution Shaped
American Institutions and Practices?
2. How and why has presidential power expanded since the ratification of the
Constitution?

How have wars, emergencies, and the media contributed to the expansion of presidential
powers?

How have the other branches of government responded to the expansion of presidential
power? Do you think they have done so adequately? Explain.
Suggested follow-up questions:
a. Why did the Framers believe that an “energetic executive” was needed?
b. How can Congress check the exercise of presidential power?
c. How can public opinion affect presidential power?
d. Compare the powers of the president in foreign affairs with those of Congress in foreign
affairs.
e. What is an executive order and why has the use of executive orders greatly increased?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Four: How Have the Values and Principles Embodied in the Constitution Shaped
American Institutions and Practices?
3. How and why did the founders create America’s system of federalism?

How does federalism limit the powers of both the national government and the states?

How does federalism extend opportunities for citizen participation?
Suggested follow-up questions:
a. Why did the Framers provide that some powers of government be reserved to the states?
b. What are the “police powers” of the states and how do they affect your daily life?
c. Why has federalism resulted in what seems to be a perpetual struggle for power?
d. Why are states seen as “laboratories of democracy” and what purposes do those
“laboratories” serve?
e. What opportunities for participation do you have in your own local and/or state government?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Five: What Rights Does the Bill of Rights Protect?
1. Why have First Amendment rights been viewed as essential to the functioning of a free
society?

In what ways have these rights been of particular importance to women and minorities?

Although First Amendment rights are considered essential in a constitutional democracy,
it is sometimes argued that these rights must be limited. Under what circumstances, if
any, do you think limitations are justified? Explain your answer.
Suggested follow-up questions:
a. Explain the difference between positive and negative rights. Which kind of rights does the
First Amendment protect?
b. In what ways does the First Amendment reflect the influence of the natural rights
philosophy?
c. The First Amendment is stated in absolute terms: “Congress shall make no law respecting an
establishment of religion.” Does that wording reflect hostility toward religion? Why or why
not?
d. What are some commonly accepted limitations on freedom of expression?
e. How does freedom of expression contribute to individual liberty and the common good?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Five: What Rights Does the Bill of Rights Protect?
2. How are individual rights protected in the body of the Constitution?

Given the protection of rights in the body of the Constitution, would you have agreed or
disagreed with the Anti-Federalists’ argument for the addition of a bill of rights? Why?

What additional rights, if any, do you think should be added to the Constitution? Why?
Suggested follow-up questions:
a. Alexander Hamilton argued in Federalist No. 84 that the Constitution itself was a bill of
rights. Do you agree or disagree? Why?
b. Why is it important, as Article I does, to protect the political rights of those serving in
Congress?
c. Article I, Section 9 provides that “the Writ of Habeas Corpus shall not be suspended, unless
when in cases of rebellion or invasion the public safety may require it.” What is habeas
corpus and why is it an important right?
d. The Constitution prohibits bills of attainder. How does that prohibition protect individual
rights?
e. Alexander Hamilton claimed that prohibiting titles of nobility helped make liberty more
secure. Do you agree? Why?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Five: What Rights Does the Bill of Rights Protect?
3. What fundamental American values are embodied in the Fourth Amendment?

Why have Fourth Amendment issues been a persistent concern from colonial times until
today?

How and why does modern technology raise new concerns about the Fourth
Amendment?
Suggested follow-up questions:
a. What colonial experiences made the Fourth Amendment especially important to Americans?
b. Why has it proved difficult to define what constitutes an “unreasonable” search and seizure?
c. Under what circumstances, if any, should law enforcement be able to arrest someone without
a warrant?
d. What values are served by requiring law enforcement officials to get permission from a judge
to arrest someone or search his property?
e. What is probable cause and when is it required? Why?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Six: What Challenges Might Face American Constitutional Democracy in the
Twenty-First Century?
1. Why does the United States’ commitment to the rule of law appeal to other peoples?

How would you explain the meaning of the rule of law?

How do America’s founding documents express the nation’s commitment to the rule of
law?
Suggested follow-up questions:
a. What is the relationship of the rule of law and limited government?
b. How would you explain the often-quoted saying that a democratic government is
“government of law and not of men”?
c. What is the relationship, if any, of the rule of law and the natural rights philosophy?
d. Why is the Magna Carta credited with being an early example of the rule of law?
e. What is the significance of the rule of law bending both rulers and the ruled?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Six: What Challenges Might Face American Constitutional Democracy in the
Twenty-First Century?
2. What do you think are the greatest challenges of American citizenship today?

Why and how does constitutional democracy in the United States depend on the active
participation of its citizens?

What are the advantages and disadvantages, if any, of being a citizen of both the United
States and the state in which you reside?
Suggested follow-up questions:
a. What are non-governmental organizations (NGOs) and how can Americans participate in
them?
b. What are the costs and benefits of participating in NGOs?
c. How can you participate in your local government?
d. What can or should be done to encourage greater civic participation by young people?
e. Why do you think democracies encourage and authoritarian governments discourage nongovernmental organizations?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org
Unit Six: What Challenges Might Face American Constitutional Democracy in the
Twenty-First Century?
3. What do you think are the best ways to achieve constitutional change?

Thomas Jefferson argued that the Constitution should be revised every generation. The
founders provided instead for an amendment process to take place only if and when
revisions may be deemed necessary. Which method do you think is better? Why?

In what ways, if any, have constitutional amendments helped the United States become
“a more perfect union”? Explain.
Suggested follow-up questions:
a. The amendment process has been criticized because it takes too long and is too complicated.
Do you agree or disagree with the criticism? Why?
b. Some people argue that making the amendment process more difficult is a good thing,
because it ensures widespread and serious deliberation among the public. Do you agree or
disagree? Why?
c. How have judicial interpretations brought about needed change? What examples can you
cite?
d. How can Congress bring about needed changes? What examples can you cite?
e. What additional constitutional changes, if any, do you think are needed to help the United
States become “a more perfect union”? Why?
Center for Civic Education  21600 Oxnard St., Ste 500  Woodland Hills, CA 91367
(818) 591-9321  Fax (818) 591-9330  [email protected]  www.civiced.org