Constitution

• Why do you think the Framers set age requirements for offices?

  The Framers likely set age requirements for offices to ensure that those holding high public office had sufficient maturity, life experience, and presumably wisdom. Older age was associated with more experience in governance and a better understanding of the needs and complexities of the nation.

• Why did the Framers give the power of impeachment to House and the Senate the power to try the impeachment? Why do you think the Framers required a two-thirds vote to convict following impeachment?

  The power of impeachment was given to the House, and the trial of impeachment to the Senate, to balance the responsibilities and powers between the two chambers of Congress. The two-thirds vote requirement for conviction in the Senate ensures that impeachment is a grave matter requiring broad consensus, thus preventing its use for purely partisan purposes.

• Why was the House and not the Senate given the power to raise revenue?

  The House was given the power to raise revenue as it is the chamber directly elected by the people, reflecting the principle that taxation should be levied only by representatives directly accountable to the taxed populace.

• The president is given the power to veto. How hard is it politically for both houses of Congress to obtain the two-thirds vote to override a veto?

  Obtaining a two-thirds vote in both houses of Congress to override a presidential veto is challenging politically. It requires a broad consensus across party lines, ensuring that only legislation with substantial support can override the President's objections.

• Congress has the power to declare war, but the president acts as the commander in chief of the armed forces. Why do you think the Framers distributed power in this way?

Congress's power to declare war, with the President as commander in chief, creates a balance between the legislature's policy-making role and the executive's role in military command. This separation intends to prevent unilateral military action by the President and ensure democratic oversight of military engagements.

• Why was the 25th amendment enacted? What problems could arise if the 12th amendment was not enacted? How does the electoral college work? How could the death of the president result in a constitutional crisis? How is this now avoided?

  The 25th Amendment, enacted after the assassination of President Kennedy, addresses presidential succession and disability. Without it, there were ambiguities about the transfer of power in the event of a president's incapacitation. The 12th Amendment, which changed the electoral college process, was necessary to prevent electoral deadlocks or other crises. The electoral college works by having electors from each state cast votes for President and Vice President. Without these amendments, a president's death or incapacity could lead to a constitutional crisis, now mitigated by clear lines of succession and procedures.

• Sect. 2 Par. 2- This paragraph identifies formal powers of the president, including the power to negotiate treaties and appoint Cabinet officials? Both require the consent of the Senate. Why do you think the Framers of the Constitution required consent of the Senate for these powers?

  Requiring Senate consent for treaty negotiations and Cabinet appointments ensures checks and balances. The Framers intended to prevent the President from having unchecked power in foreign affairs and executive appointments.

• Note call the standard for impeachment of a federal judge is good behavior and failure to adhere to the standard could result in impeachment this language is different from the impeachment of the president, which can occur for high crimes and misdemeanors. Why do you think the framers had standard differences for federal justices compared to the president?

  The different standards for impeaching federal judges and the President reflect their distinct roles. Judges are expected to adhere to "good behavior," emphasizing the impartiality and integrity required in the judiciary. The President's broader responsibilities and powers necessitate a different standard, including "high crimes and misdemeanors," to address various forms of misconduct.

• What is the amendment process for the constitution?

  The Constitution can be amended through a proposal by two-thirds of both houses of Congress or by a convention called for by two-thirds of the state legislatures, followed by ratification by three-fourths of the states. This process ensures broad consensus for constitutional changes.

Bill of Rights and Amendments

• How does the first amendment provide for the hallmark of American liberty? What is cruel and unusual punishment? How has the standard changed?

  The First Amendment is pivotal in providing freedom of speech, religion, press, assembly, and petition, foundational elements of American democracy. "Cruel and unusual punishment" refers to punishment considered inhumane or disproportionate to the crime. The standard has evolved over time, influenced by societal norms and legal interpretations.

• What are the concerns in 2020 with Amendment 14 sections 3 and 4?

  In 2020, concerns regarding Amendment 14, Sections 3 and 4, might relate to issues of civil rights, equal protection under the law, or the public debt, especially in the context of political and social developments at the time.

• How has voting expanded?

  Voting in the U.S. has expanded through various amendments: the 15th Amendment (race), 19th Amendment (gender), 24th Amendment (abolishing poll taxes), and 26th Amendment (age), among others, reflecting an ongoing commitment to inclusive democracy.

Checking for Understanding

• The US constitution is widely respected in the United States and abroad. Why do you think it carries such a high level of respect?

  The U.S. Constitution is respected for its pioneering role in establishing a modern democratic government, its adaptability through amendments, and its checks and balances system, ensuring stable governance.

• When the constitution was written, the anti-federalists were concerned that the language in the constitution would give the federal government too much power. What clauses of the constitution have allowed the federal government's power to expand?

  Clauses like the Commerce Clause, Necessary and Proper Clause, and Supremacy Clause have enabled the expansion of federal power by allowing broad interpretation of federal authority over various aspects of governance and life.

• A supermajority is defined as a vote requirement that exceeds A majority. What actions in the US constitution require a supermajority why did the framers of the constitution require a supermajority for these actions (and not just the majority)? what is a practical impact of requiring a supermajority?

  Supermajority votes are required for actions like constitutional amendments, impeachment convictions, and overriding presidential vetoes. This ensures that such significant actions have widespread support, preventing misuse of power and ensuring stability and consensus.

• Why do you think the federal judges were given life terms in the constitution?

  Federal judges were given life terms to ensure independence and insulation from political pressures, allowing them to make decisions based solely on the law.

• How does the constitution enable the expansion of power of the presidency are there significant checks on the presidential power?

  The Constitution has enabled the expansion of presidential power through broad clauses like the Commander in Chief Clause and the Vesting Clause. However, significant checks exist, including Congressional control over funding, the power of impeachment, and judicial review.

Critical Thinking Question

Reconstitution created a democratic form of government that has survived more than 200 years the amendment process is one of the reasons the constitution has been able to change with the times period what amendment to the constitution would you like to see ratified? Explain how your proposal would strengthen democracy.

• Purpose:

  To integrate technology into democracy, increasing participation and transparency through secure online voting, digital public forums, and accessible legislative information.

• Key/Main points

  • Secure Online Voting: Establish a national system for safe, accessible online voting.
  • Digital Town Halls: Require elected officials to host regular online forums for constituent engagement.
  • Transparent Legislation: Ensure all proposed laws are available online with opportunities for public feedback.

• Structure

  The amendment would be structured into sections, each detailing the implementation and oversight of these digital initiatives, with a focus on security and privacy.

• Results

  Anticipated outcomes include higher voter turnout, better-informed citizens, greater government transparency, and a modernized, more responsive democratic process.