Getting a Constitutional Education – Questions for Student Discussion (Part 12)

It’s important that we educate our children on the topics of politics, government, and the Constitution which governs our nation. This nine-part series reminds us of some basic principles, lest they be forgotten by the next generation. The following questions provide material for homeschool and public school teachers to share, discuss, and test their students on each of the nine topics. The link to each article is included, or you may start through the series beginning at Constitutional Education – Free Homeschool Curriculum (a nine-part series, originally published in January/February 2009). The discussion questions are divided up into three installments, beginning here.

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7. Banking and The Federal Reserve Act (Part 7)

· What is the difference between a Silver Certificate and a Federal Reserve Note? [A Silver Certificate was backed by real silver, and could actually be exchanged for the amount in silver at the treasury. A Federal Reserve Note is not backed by precious metal or anything of value, but is only worth the face amount because the government says so.]

· What was the purpose for the creation of the Federal Reserve in 1913? Did it work? [The Federal Reserve was created in 1913 with the purpose of being able to expand or contract the money supply if the government decided it was needed. They feared that people might place a demand for their money or that the stock market was too volatile without this “control”. Unfortunately, it did not work, because the stock market crashed in an historic manner just sixteen years later. The economy continues to fluctuate as much or more than it did before the Federal Reserve was created.]

· What economic occurrence happened after the Federal Reserve was created, one that had not happened before? Explain what this occurrence does to prices. [Inflation occurred after the creation of the Federal Reserve. Prior to this, the prices of goods remained essentially the same for over a hundred years. When the Reserve was given the power to print money, the supply of money goes up and the value of each dollar goes down. This causes prices to rise. This continues to happen today.]

· Extra – Go to your library and check out an 1897 Sears catalog or an 1895 Montgomery Ward catalog (these are readily available at most libraries) or locate other old catalogs from department stores. Compare the prices of similar items from back then to prices today. Calculate the percentage rise in prices for different items. Do you observe the effect of inflation?

· Extra – Do you believe the economy would be better served with more or less government intervention? Do you think a return to the gold or silver standard would be beneficial or harmful?

8. (Mis)interpreting the General Welfare Clause (Part 8)

· Where does the General Welfare clause appear in the Constitution? [It appears twice – once in the Preamble and once in Article 1, Section 8.]

· Does the Constitution explicitly give the federal government the ability to collect taxes and distribute them to states for road construction projects? [No, the Constitution is fairly silent about what the government may spend money on. From a previous lesson, we see that they are directed to fund the military for the protection of our nation, but there is little else that is named specifically in the Constitution that the government may fund.]
· In today’s federal government, is there very much debate about whether or not the government should be involved in a spending program? [We still see some debate in a couple of areas – most notably in the areas of gun laws or abortion. People feel passionately about these topics and so they still make arguments about whether or not the government should be involved. But by and large, most people now raise no questions about whether or not the government should be involved in spending for road construction, healthcare, etc. It’s become a foregone conclusion. However, in the era of the founding fathers, there would have been much debate over these issues and whether the government should participate.]

· Extra – How do you feel about the topic of government spending on various programs? Consult today’s news media and make a list of programs where you see the government spending tax money. Are these areas listed in the Constitution or the Amendments?

· Extra – In your opinion, did most founding fathers intend for the amount of government spending and involvement that we have today? You might look up some quotes from Thomas Jefferson, Alexander Hamilton, John Adams and Patrick Henry.

9. The Birth of Judicial Activism (Part 9)

· When Marbury brought his case before the Supreme Court, what exactly was the purpose of his case? [It was simply to get Hamilton to sign his commission, so that he could take on the role of a federal judge. Marbury cited the Judicial Act of 1789 as the basis for his lawsuit.]

· What was the unprecedented (and some would say shocking) thing that the Supreme Court did regarding Marbury’s case? [They referred the case back to a lower court, but at the same time declared that the Judiciary Act was unconstitutional. This was never before done – that is, the Supreme Court had never before declared something to be unconstitutional (nor had they been asked to rule on the constitutionality of something). The shocking part was that the Court decided on its own that it had the authority to make this judgment.]

· State the difference between judicial activism and judicial restraint. [Judicial activists believe that there are implied powers in the Constitution and that the document is up for changing evaluation and interpretation as the times change. This results in the government expanding its powers over more and more topics as time goes on. Those who believe in judicial restraint believe that the Constitution is very explicit about areas where the government should be involved. They believe that where the Constitution is silent about a topic, the government likely has no authority.]

· What fictitious human right did the Supreme Court refer to in the Roe vs. Wade case? [The right to privacy was the basis of their argument. While most people may agree that privacy is a good thing, there is no mention of a right to privacy in the Constitution. The word does not even appear in the Constitution.]

· Extra – What is your opinion on judicial activism versus judicial restraint? Do you believe in one over the other? Give your reasons.

· Extra – Do some research on Justice John Marshall. How do you think he was viewed by judicial restraint advocates such as Thomas Jefferson?

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Getting a Constitutional Education – Questions for Student Discussion (Part 11)

It’s important that we educate our children on the topics of politics, government, and the Constitution which governs our nation. This nine-part series reminds us of some basic principles, lest they be forgotten by the next generation. The following questions provide material for homeschool and public school teachers to share, discuss, and test their students on each of the nine topics. The link to each article is included, or you may start through the series beginning at Constitutional Education – Free Homeschool Curriculum (a nine-part series, originally published in January/February 2009). The discussion questions are divided up into three installments, beginning here.

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4. Origin and Curse of the Federal Income Tax (Part 4)

· Name two events in American history which established a federal income tax. [The first, started during Abraham Lincoln’s administration to pay for the Civil War debt lasted from 1862 to 1872. The second came with the establishment of the Sixteenth Amendment in 1916.]

· Describe why the model where the federal government collects taxes and then gives money back to the states is a potential problem? [The federal government is not required to give the money back in any kind of proportion to the number of people in the states. Therefore, the federal government could potentially give money disproportionately, and almost certainly will. Money earned in one state and taxed may not come back to benefit that state or its taxpayers.]

· Write out the words of the Sixteenth Amendment. While it is very short, what problems can you see in the sentence? [“The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.” First, “from whatever source derived”” means they can potentially collect taxes on any money transfer. Today, taxes are generally not collected on Internet purchases, but there is nothing to prevent the government from invoking such a tax. “Without apportionment” and “enumeration” means once again that tax benefits can be unequally distributed to people, regardless of who earned it. One could argue that this is very close to the definition of socialism.]

· Extra – Describe how a system of federal taxation can shift the balance of power away from states and toward the federal government. In your opinion, has that happened? Why or why not?

· Extra – Look up the definitions of socialism, collectivism, communism, and capitalism. In your opinion, which one most closely aligns with the idea of federal taxation and re-distribution?

5. Secession and Nullification (Part 5)

· How many states seceded from the Union during the time of the Civil War? Which was the first state to secede? Was your state one of the ones that seceded? [Thirteen states ultimately seceded from the United States, with South Carolina being the first in December of 1860. Tennessee was the last to secede in June, 1861. States seceded over perceived violations of the United States Constitution by the Lincoln administration. The list of States who seceded from the Union include South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana, Texas, Virginia, Arkansas, North Carolina, and Tennessee]

· Did the people in the Northern states want to prevent the seceding states from leaving the Union and bring them back into the Union forcefully? [According to Horace Greeley, nine out of ten people in the Northern states agreed that the states’ right to secede from the Union was more important than preserving the Union as a whole. It appears that most people understood well the right of states to secede and they supported it.]

· Summarize the “power pyramid” between individuals, states, and the federal government. How did the founders view this pyramid? How do you think it looks today? [The founders believed in individual rights above all else – this was made clear in their writings and in the Declaration of Independence itself. Next were states’ rights, as is also clearly demonstrated in their writings. The federal government was originally designed to be the weakest of the three. In today’s United States, these roles appear to be reversed. From Part 4 of this series, the Sixteenth Amendment probably had a lot to do with this reversal.]

· Extra – Write an essay weighing the good and bad of Lincoln’s decision to enter into the Civil War. Consider both sides - the abolishment of slavery vs. the abridgement of a state’s right to secede.

· Extra – look up the “South Carolina Declaration of The Causes of Secession”. Outline the state’s reasons for deciding to leave the Union.

6. Enumerated Powers vs. Implied Powers (Part 6)

· Define the concept of express (or enumerated) powers. [A person who believes in enumerated powers allows that only what is listed specifically in the Constitution is applicable to government. This is in line with Thomas Jefferson’s thinking – that government only has the authority to do exactly what is listed in the Constitution – nothing else.]

· Define the concept of implied powers. [A person believing in implied Constitutional powers would hold that government authority can go beyond the specific enumerated powers listed in the Constitution. It becomes difficult to define these powers because “implied” can cover a broad range of thinking. It seems that this has happened – consider, does the federal government have the rightful Constitutional authority to mandate healthcare insurance? We are already seeing Constitutional challenges to this recent law.]

· Did the founding fathers believe that the original Constitution would be completely sufficient for the future? Why or why not? [The founders included Article 5 in the Constitution, which allows for an Amendment to the Constitution to be made. Since they did this, it seems evident that they believed the Constitution was not made to be unchanged forever.]

· Extra – What do you think would happen in Congress if Congressman Shadegg’s “Enumerated Powers Act” became law? Would there be changes in daily Congressional business?

· Extra – Form an opinion and write down your reasons for supporting enumerated powers or implied powers.

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Getting a Constitutional Education – Questions for Student Discussion (Part 10)

It’s important that we educate our children on the topics of politics, government, and the Constitution which governs our nation. This nine-part series reminds us of some basic principles, lest they be forgotten by the next generation. The following questions provide material for homeschool and public school teachers to share, discuss, and test their students on each of the nine topics. The link to each article is included, or you may start through the series beginning at Constitutional Education – Free Homeschool Curriculum (a nine-part series, originally published in January/February 2009). The discussion
questions are divided up into three installments, beginning here.

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1. Presidential Power (Part 1)

· Which Article of the Constitution deals specifically with the powers given to the President? [Article 2]

· Name two of the six specifically named powers given to the President [Commander in Chief of the military, authority over other members of the Executive branch, the power to grant reprieves and pardons, the ability to make treaties (with congressional approval), the power to nominate ambassadors and Supreme Court justices, and the authority to appoint Senate vacancies during recess periods]

· What is one danger of giving too much power to one person in government? [The founding fathers fled this very situation in England, because the king began exercising authority over areas such as religion – preventing personal freedoms]

· Does the Constitution give the Supreme Court the ultimate authority to rule on the interpretation of the Constitution? [Article 3 of the Constitution enumerates the powers given to the Supreme Court, as does the 11th Amendment. Nowhere in there can one interpret such powers as being given to the Court]

· What are your thoughts on the disagreement between Justice John Marshall and President Andrew Jackson on the power of the Supreme Court? [Jackson appears to argue correctly that the Court was exceeding its authority. Nevertheless, to this day, the Court behaves as if it is the ultimate arbiter on Constitutional law.]

· Extra – Look for news articles, postings or telecasts which may demonstrate the assumption of presidential or Court authority which is not given in the Constitution

2. States’ Rights (Part 2)

· A system emphasizing the idea of states’ rights is called what? [Federalism]

· Have United States Senators always been elected by the people every six years? When did this change, and what changed it? How were they previously selected? [No, U.S. Senators used to be appointed by state legislatures until the adoption of the Seventeenth Amendment in 1913.]

· Do you believe that the founding fathers would place more importance on power emanating from the states or from the federal government? [It seems clear in reviewing the words of most founding fathers and documents such as the Constitution that they favored states’ rights. They seemed opposed to a great deal of authority at the federal level, probably because of their experience with the monarchy back in England. In fact, it took a Constitutional Amendment to change the appointment of Senators to a direct election. If they had to amend the Constitution to provide for this, it seems clear that it was not the founders intent.]

· Extra – In your opinion, is there an important difference between a state-appointed Senator and an elected one? Describe why. Consider what may influence their decision-making in each case.

3. Government Debt (Part 3)

· Does the Constitution allow the federal government to run a deficit and go into debt? [The Constitution does not specifically prohibit debt at the federal government level, and seems to imply that it can assume debt or establish new debt (as in Article 6).]

· Can we get an itemized tax bill from the government telling us exactly where our tax money is being spent? Why would this be a good idea? [Unfortunately, no. It would be good to be able to get one because it would cause the government to have more responsibility in where it spends our money if they knew they were going to have to tell us where every dollar goes. It is too bad that we don’t have this transparency from our government. Note that it doesn’t work the other way – we have to tell the government where we get and spend every dollar of our money when we fill out our yearly tax forms.]

· Does all tax money that is collected this year go only toward programs that happen this year? [No, the government uses a lot of this year’s money to pay for programs that were implemented years ago. Likewise, they use this year’s money to pay interest on borrowing that that did in the past.]

· Extra – What do you think the danger of an increasing national debt could be? [There may come a time when the debt cannot be paid because of a loss of prosperity. If that occurs, other nations who we have borrowed from (such as China) may feel obliged to get their money back through some other means. It also may mean that the world financial markets will switch from their standard currency – the U.S. dollar. This would put the United States on a lower-status financial footing. It may mean that the United States loses its position as a world superpower.]

· Extra – Do you think government spending and debt should be any different than personal spending and debt? Why or why not?

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Getting a Constitutional Education – Presidential Power (Part 1)

It’s important that we educate our children on the topics of politics, government, and the Constitution which governs our nation. This nine-part series attempts to remind us of some basic principles, lest they be forgotten by the next generation.

As a nation, we pay an incredible amount of attention to the election of our presidents. If you’re not sufficiently tired of the election cycle that ended only a couple of months ago, fear not – it will all start again in about two-and-a-half years. It seems to be the ultimate reality show, made for television.

Already, the newspapers and other media outlets are looking to our new President to single-handedly solve the perceived problems in our nation. If you were an alien just landing on earth and you happened to drop in front of a television, you would think that the President has the power to do anything, fix anything, and change anything. He seems to be larger-than-life and is credited with far more wisdom than any other person in our land.

Similarly, whenever there is a question of right and wrong that is not adequately resolved between men or institutions, we are content to run to the Supreme Court as the final arbiter for any issue. Again, to an outsider it would seem that the nine justices of the Court possess such vast wisdom that no problem is too hard to tackle. And we let them get away with wielding this power. But between the President and the Supreme Court, are we correct in assigning them this amount of authority?

Article II of the Constitution contains four distinct sections which describe the duties and limits of the President. The specific authority given to the President includes: Commander in Chief of the military, authority over other members of the Executive branch, the power to grant reprieves and pardons, the ability to make treaties (with congressional approval), the power to nominate ambassadors and Supreme Court justices, and the authority to appoint Senate vacancies during recess periods. His duties include: making a State of the Union address, he may convene or adjourn both Houses as necessary, receive ambassadors, commission officers, and “shall take Care that the Laws be faithfully executed”. That’s all – there is nothing more in the Constitution to define the power or duties of the office of President.

The power and duties of Supreme Court justices are vague indeed – see Article III. They have authority to hear cases deemed to be of a federal nature, and they have the ability to exercise “appellate jurisdiction”, meaning they can review state-level cases that are deemed necessary to review. Beyond that, little is said about their role.

To properly interpret the relationship between the three different branches of government, one should look to the words of the founding fathers, who clearly meant for checks and balances to exist. Their greatest fear was the rebirth of a monarchy like the one they had fled in England. They did not want their President to be a king, nor did they intend for nine judges (originally six), appointed for life, to singlehandedly interpret the Constitution and wield it over the people. Rather, the founders issued countless letters ensuring that power stayed with the people, in their respective states.

To give an example, consider the presidency of Andrew Jackson. During his term, he was committed to the dissolution of the United States Bank, and argued vehemently for its demise. He sparred with Justice John Marshall during this time, and their argument included the topic of constitutional authority. Marshall declared that the Supreme Court was the ultimate decider on what is constitutional and what is not. Jackson found this outrageous, and said,

“To this conclusion I cannot assent…Congress and the President as well as the Court must each for itself be guided by its own opinion of the Constitution. It is as much the duty of the House of Representatives, of the Senate, and of the President to decide upon the constitutionality of any bill or resolution which may be presented…The opinion of the [Supreme Court] judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both” (see http://www.lexrex.com/enlightened/writings/bank/jackson.htm for further details).

These are tremendously important words, and very different from the behavior we witness today. Jackson understood that no single branch of government had overarching constitutional authority. There are many examples in early America of states ignoring the laws handed down by federal officials (including the President) because, simply put, it was understood that state’s rights were sovereign. That little fact was the original construct of our government….and it’s been forgotten.

Next article: States’ rights versus central government rights, and the curse of the Seventeenth Amendment. Back to the main index article.