The Constitution in American Life: Featuring the Friends of Publius

In this episode, the Friends of Publius discuss Congress and the reasons why it is the most ineffective branch of government.   This question is a revised version of Unit 4, Question 1 of the Center for Civic Education’s We the People curriculum. 

In 2006, Norm Ornstein and Thomas Mann wrote the book “The Broken Branch” about Congress.  They followed that up six years later with “Its Even Worse Than It Looks” arguing that Congress is not only broken but it may be permanently disabled.  To what extent do you agree with Mann and Ornstein?  Why?

*If indeed Mann and Ornstein are right about Congress, what reforms/changes need to be made both in the Constitution and statutorily to fix this broken branch?

*Kevin Kosar, Resident Scholar at the American Enterprise Institute argues that a major problem facing our constitutional system of government is that “Congress has been doing government on the cheap for decades….and we get what we pay for.”  Do you agree with Kosar’s position? 

In this episode, the Friends of Publius the Anti-Federalists and how their fears about the Constitution may or may not have been warranted.   This question is from Unit 2, Question 3 of the Center for Civic Education’s We the People curriculum. 

Discussion Question Unit 2 Question 3

What features of the Constitution might the Anti-Federalists have had in mind that would threaten American liberties?

In your opinion, would a second convention have reduced the Anti-Federalists’ concerns over the Constitution?  Why or why not?

When examining American history, to what extent were the Anti-Federlists’ criticisms legitimate?

In this episode, the Friends of Publius discuss the ways in which protest and patriotism have evolved and changed in the United States.   This question is from Unit 6, Question 2 of the Center for Civic Education’s We the People curriculum. 

Discussion Question Unit 6 Question 2

What factors determine whether participants in public demonstrations are viewed as patriots or traitors?

What, if any, common factors exist in both historical and contemporary demonstrations that are viewed as valid and patriotic?

Under what circumstances, if any, should the government intervene to curtail political protests?

In this episode, the Friends of Publius discuss the intersection of the Fourth Amendment and technology.   This question is from Unit 5, Question 2 of the Center for Civic Education’s We the People curriculum. 

Discussion Question Unit 5 Question 2

Justice Brandeis believed Fourth Amendment protections must adapt to technological change to safeguard liberty and privacy.  Do you agree?  Why or why not?

To what extent have technological advancements throughout America’s 250-year history changed how the Supreme Court interprets the 4th Amendment?

How might AI challenge or reshape current interpretations of 4th Amendment protections?  Should courts and lawmakers adjust legal standards in response?

In this episode, the Friends of Publius discuss the ways in which human nature and classical republican theory intersect.  This question is from Unit 1, Question 3 of the Center for Civic Education’s We the People curriculum. 

Question Unit 1 Question 3

To what extent was it natural for the early colonial experiments to adopt classical republican ideas of how society should function?

*What are the assumptions about human nature in classical republicanism?

*In your opinion, are the ideas of the natural rights philosophy compatible with the social principles of classical republicanism? Why or why not?

In this episode, the Friends of Publius discuss the 13th Amendment, how it has been interpreted over time, and the issue of systemic racism in the USA today.  This question is from Unit 3, Question 3 of the Center for Civic Education’s We the People curriculum. 

Discussion Question Unit 3 Question 3

What did the Supreme Court mean by the phrase, “badges and incidents of slavery” in the 1883 Civil Rights Cases?

What are some examples of “badges and incidents of slavery” that remained after the 13th Amendment was ratified?  How has Congress responded over time to address these issues?

Should Congress pass additional legislation today to address the ongoing effects of slavery or systemic discrimination?  Why or why not?

In this episode, the Friends of Publius discuss who should interpret the constitution and which methods they should use to do so.  This question is from Unit 4, Question 3 of the Center for Civic Education’s We the People curriculum. 

Discussion Question Unit 4 Question 3

“It is emphatically the province and duty of the Judicial Department to say what the law is.”  Do you agree or disagree?  Who decides what the Constitution means?

*When, if ever, should different branches or levels of government be allowed to interpret the Constitution differently?  How should such conflicts be resolved?

*Has judicial review been good or bad for the American republic?  Explain your position.

In this episode, the Friends of Publius discuss the issue of freedom of speech in the public square.  This question is from Unit 5, Question 1 of the Center for Civic Education’s We the People curriculum. 

Discussion Question Unit 5 Question 1

The U.S. Supreme Court has recognized “streets, sidewalks, and parks” as locations where “the government’s ability to permissibly restrict expressive conduct is very limited.”  How should the government be able to limit expressive conduct in these locations, if at all?

*In what ways have social movements historically relied on public spaces to express their views or demand change?

*What kinds of public spaces has the Supreme Court treated differently, and why might those distinctions matter for free expression today?

In this episode, the Friends of Publius discuss the amendment process and debate whether the Founders made it too difficult for us to revise the Constitution.  This question is from Unit 3, Question 2 of the Center for Civic Education’s We the People curriculum. 

Discussion Question Unit 3 Question 2

How has the Constitution been reinterpreted or amended to go “hand in hand with the progress of the human mind”?

*Looking back on the nation’s 250-year history, has the Constitution’s amendment process described in Article V suffice to allow for the “changes” Jefferson referenced?  Explain.

*Should the Constitution be interpreted as “living document” or interpreted based on its original understanding?

In this episode, the Friends of Publius delve into political theory and discuss how the ideas of both Montesquieu and Madison were incorporated into the U.S. Constitution.  This question is from Unit 1, Question 1 of the Center for Civic Education’s We the People curriculum. 

Do you agree with Montesquieu’s assessments regarding the dilemmas facing large and small republics?

*How did the presence of foreign powers, such as France, Spain, or neighboring Indigenous nations, shape the colonists’ arguments or proposals for governmental structure?

*In your opinion, has the American constitutional system struck a balance between the strength of a large republic and the internal harmony of a small one?