The Constitution Today

The framers of the Constitution did a lot for us. We have come a long way from when the Constitution was first drafted and we sometimes wonder what would they think about how we run things. Americans have debated the Constitution since the day it was signed. This past decade has been a long national civics class about what the Constitution means and how much it still matters. The rise of the Tea Party has made us focus more on the Constitution lately. As more and more people try to break down this document, the more and more we realize how conflicting it is. The framers weren't afraid of a little messiness, they knew it wasn't perfect which is where we come in and are able to change it.

The Constitution gives the President the privilege of being commander in chief, but also gives Congress the power to declare war. The Constitution also gives Congress the right to borrow money and tax. Many people suggest that the U.S. not raising the debt ceiling and defaulting would be a lesson to the government not to borrow more than it can repay. Defaulting on our debt is unconstitutional because we are unable to get out of our obligations. If Congress really wants to default the President can reject it by calling it unconstitutional and perform excessive, unnecessary actions to bind us in contracts and it would be constitutional. As one can see, alot is going on within the gov't either because someone is misinterpreting the Constitution or simply because the Constitution is conflicting within itself.

INTRO:

1. Which group does Stengel claim has refocused America's attention on the Constitution?

the Tea Party

2. How does he define "constitutional originalists"?

those who believe the document should be interpreted only as the drafters understood it

3. What does Texas Congressman Ron Paul say the intent of the Constitution is, and how does Stengel counter this statement?

Ron Paul said that "The Constitution was written explicitly for one purpose — to restrain the federal government" Stengel believes that the framers did the exact opposite and that the Constitution massively strengthened the central government of the U.S. for the simple reason that it established one where none had existed before.

LIBYA:

4. What does the War Powers Resolution do?

requires the President to withdraw U.S. forces from armed hostilities if Congress has not given its approval within 60 days.

5. Why does Barack Obama think this does not apply to the situation in Libya?

It does't involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve U.S. ground troops.

6. How does Stengel explain the War Powers Resolution as a check and balance?

The War Powers Resolution is a check on presidential power, but the President seeks to balance this by ignoring it.

7. Does Congress want to be in charge of committing troops? Why or why not?

No, they just dont want the President to do so with excessive force.They know that he is the Commander in Chief but the Constitution is in conflict with itsself.

DEBT CEILING:

8. Why would defaulting on our debt have been unconstitutional?

Section 4 of the 14th Amendment says "The validity of the public debt ... shall not be questioned."

The idea is that the U.S. shouldn't weasel out of its debts.

9. How does the argument over the debt limit usually play out?

The party out of power is always against raising the debt limit, and the party in power is always for it.

OBAMACARE:

10. Why has one district judge declared Obama's Health Care plan unconstitutional?

They argue that the government can't make us do things or buy things just because we are alive.

11. Which congressional power allows the government to require us to purchase things?

Article I, Section 8, Clause 3

12. Why does Stengel argue that citizens should be required to buy insurance?

He thinks that people have the right to be let alone but doing nothing can be a private decision with public consequences.

IMMIGRATION:

13. What does the principle of jus soli mean?

if you're born within the borders of a country, you're automatically a citizen

14. What part of the constitution makes the US a jus soli nation?

The 14th Amendment

15. What was the original intent of this part of the constitution?

to establish that former slaves were indeed citizens and entitled to all the rights of citizenship

16. What is the difference between a constitution and a code of laws?

A code of laws says you have to stop at the red light; a constitution has broad principles that are unchanging but that must accommodate each new generation and circumstance.