Potential Follow-Up Questions for Unit 3 - We the People
Unit Three: How Has the Constitution been Changed to Further the Ideals Contained in
the Declaration of Independence?

In Article V of the Constitution, what process is spelled out for amending the Constitution?

How is the due process clause related to the principle of limited government (constitutional
government)?

What constitutional issues were in dispute during the Civil War?

Why did the decision in the case of Dred Scott v. Sanford help to precipitate the Civil War?

How can natural rights philosophy be used to support the Southern view of slavery? The northern
view of slavery?

How did the 14th Amendment change the definition of citizenship?

How would you explain due process of law?

What is the difference between substantive and procedural due process? Give examples.

Aside from the provisions of the 14th Amendment, what are some specific ways in which the
Constitution provides for due process of the law in criminal matters?

How do due process rights guarantee your rights in civil or non-criminal matters?

How might the rights of a criminal under the due process clause conflict with the common good?
How should such conflicts be dealt with?

How did Jim Crow laws affect everyday life in Southern states?

Why did it take African-Americans in the South almost a century to obtain the rights promised in the
Civil War Amendments?

How has the Fourteenth Amendment been used to promote equal treatment for all Americans?

What are the differences between equality of condition and equal protection of the laws?

In your opinion is it ever right to treat people unequally? Explain.

How did ratification of the Fourteenth Amendment reflect the failure of the original Constitution to
achieve the goals stated in the Preamble?

In your opinion, have the goals of the Fourteenth Amendment been achieved? Explain.

How has the incorporation doctrine broadened the protections of those accused of a crime?
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Potential Follow-Up Questions for Unit 3 - We the People

How has the Bill of Rights been incorporated into the Fourteenth Amendment? How has this changed
or undermined the original intention of the Bill of Rights?

What is the difference between the doctrines of “wholesale” incorporation and “selective”
incorporation of rights under the 14th Amendments?

Why do you think that the Supreme Court has favored a policy of selective incorporation of the Bill of
Rights?

Some have said we have had two constitutions, one before the 14th Amendment and one after. Do you
agree or disagree.

Besides ex-slaves, what other groups in American society have benefited from the equal protections
clause of the 14th Amendment?

Explain the impact the case of Plessy v. Ferguson had on the 14th Amendment and the struggle for
equal rights?

Explain how the case of Brown v. Topeka Board of Education reversed legal precedent.

Was the original Constitution (before amendments) a pro-slavery document? Why or why not?

How can natural rights philosophy be used to support the Southern view of slavery? The northern
view of slavery?

What is natural rights philosophy, and does it justify states separating from the union?

What amendments came out of the Civil War, and what are their importance?

How is equal protection related to the rule of law and due process?

What equal protection issues is our nation dealing with at the present time?

Is racial profiling by law enforcement officers ever acceptable?

Do you think inequality of condition is a serious problem in the U.S. today? If so, how could the
problem be addressed?

What is your school doing to meet the goals of the 14th Amendment?

How does the 14th amendment affect aliens?

According to the Declaration of Independence, when do people have the right to “abolish” their
government?

Why were some groups denied the right to vote in early America?
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Potential Follow-Up Questions for Unit 3 - We the People

What is the difference between a democracy and a republic? Which term most accurately describes
the government created by our Constitution?

Why were voting rights limited to men of property in the colonies and England despite the belief in
representative government?

Which branch of government do you think is most responsive to the will of the people?

Did the Constitution written by the Framers create a “more perfect union?” What events in our
history since the adoption of the Constitution have moved us closer to the goal of creating a “more
perfect union?”

What major obstacles did women face in their quest for suffrage?

What were the major obstacles African-Americans faced in their quest for civil rights?

Does the U.S. Constitution protect every citizen’s right to vote? Why or why not?

Is it ever permissible to deny an individual the right to vote?

In looking at the expansion of the right to vote, what were some of the most significant events in our
nation’s history?

How were the rights outlined in the 1st Amendment essential to the struggle for minority and women’s
rights?

What was the importance of the Voting Rights Act of 1965?

Why do you think many people choose not to vote? How much of a problem do you think this is for
our nation?

Would you favor laws compelling people to vote? (If yes, why? If not, what things should be done to
encourage more people to become politically active?)

Do you think the use of initiatives and referenda at the state level increase voter participation? Why?

Do you think is would be wise to alter the Constitution to allow for the use of initiatives and referenda
on the national level?

What evidence exists that the Framers intended for the Federal Courts to have the power of judicial
review?

Does the power of judicial review, as it is exercised today, give too much power to the Courts? Why
or why not?

Can you describe a recent example of the use of judicial review that you agree or disagree with?
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Potential Follow-Up Questions for Unit 3 - We the People

If the majority of the people disagree with a decision made by the Supreme Court, what can they do
about it?

Can you describe the difference between judicial activism and judicial restraint? What are the
different ways in which the Constitution may be interpreted?

What is the difference between a “broad construction” of the Constitution and a “strict construction”
of the Constitution?

Is the practice of judicial review consistent with democratic principles?

What is meant by the term “tyranny of the majority”?

There has been more controversy involved with interpreting certain parts of the Constitution as
opposed to others. What are some parts of the Constitution that have provided the Court with its
greatest challenges?

What is common law, and what role does it play in our constitutional system?

Has the growth in power of the Federal government at the expense of the state destroyed the original
intention of the Framers?

Is there any check on the Supreme Court’s power to interpret the meaning of the Constitution?

Can you think of alternatives to judicial review that would still serve to check the executive and
legislative branches from taking unconstitutional actions?

What checks are there on the judicial branch?

What checks are there on the legislative branch?

What checks are there on the executive branch?

What can you tell me about President Franklin Roosevelt’s 1937 court packing plan? Was such a plan
a danger to our system of checks and balances as some have claimed? Why or why not?

Name several current or recent members of the Supreme Court and evaluate the job they have done on
the court.

Is it proper for a President or Senate Committee to appoint only judges that share their opinions on
major issues? (i.e. Is it okay if a president uses abortion as a “litmus test” in creating a list of possible
judges to nominate to the Supreme Court?)

Should the Senate be allowed to reject a president’s nominee for a position in the federal courts
because of their opinions on controversial issues even if they are otherwise qualified for the job?

Would you change anything about the appointment process for federal judges?
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Potential Follow-Up Questions for Unit 3 - We the People

What criteria should the Senate use when considering whether or not to confirm a president’s
appointment to the Supreme Court?

Would electing judges make judicial review less controversial?

Do you believe the U.S. Constitution should be viewed as a “living document?” What implications
would that have for the way in which it is interpreted?

Some people complain that instead of interpreting the meaning of the law (including the Constitution),
judges often “legislate from the bench” when exercising their power of judicial review. Evaluate the
validity of this viewpoint.
Other general Unit 3 topics:
 If the founders were to come back today, would they be pleased with, or shocked at our two-party
system? Explain.

What were the basic differences between the two earliest political parties?

What differences did Hamilton and Jefferson have over interpretation of the Constitution and the
direction the nation would take?

Do you think political parties promote the common welfare? Why or why not?

Describe some factions that exist within the today’s two major political parties.

In what way does the two-party system serve as another check on tyranny?

In what ways have political parties made Congress better organized? What negative impacts have
parties had on Congress?

Do you believe the growth of political parties was inevitable in our system of government?

What effect do third parties play in our system, and do you believe they are treated unfairly?

Is it possible to have a free democratic society without political parties?

Is there a difference between a faction and a political party?

What is a party platform? What are some of the major differences between the platforms of today’s
major parties?

Why did the Southerners argue that secession was a constitutional right? Why did Lincoln argue that
secession was not a constitutional right, but an act of rebellion?

In what ways can the eruption of the Civil War be explained as a result of a fatal flaw in the
Constitution?
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Potential Follow-Up Questions for Unit 3 - We the People

Why did the Southerners claim that they were defending “States Rights”?

What specific language or parts of the Constitution can be used to support or refute the right of
secession?

What does the term sovereignty mean? Where does sovereignty does sovereignty reside in different
systems of government?

What is popular sovereignty? Why was the question of sovereignty a part of the conflict leading to the
Civil War?

How did slavery encourage different interpretations of the Constitution?

On what constitutional grounds did President Lincoln issue the Emancipation Proclamation? Why did
the Emancipation Proclamation not free all the slaves?
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