Constitutional Limits on Government

Constitutional Limits on Government: Suggested Study Questions and Activities

Suggested Study Questions and Activities

Notes for Teachers

The following are suggested questions and activities that can be given to your students after they read the materials of each section. The questions are meant to be asked as a review exercise, but also as a critical thinking exercise. The activities, which may require additional research, can be presented as classroom exercises or as individual assignments for essays or class presentations (see also Resources for suggested research materials). Some activities call for students to have debates that would engage the entire class, but all of the questions and activities can be used in this way. These are only suggested questions and activities. Teachers should rewrite or develop their own as they feel necessary.

Essential Principles

Study Questions

Question

What balance of powers exist in: parliamentary systems, presidential systems, or mixed parliamentary-presidential systems? Are the constitutional limits in one better or worse than another? What reasons would you offer?

Question

Many political philosophers argue that direct democracy is the ideal form of democracy because it allows all the people to decide on policies affecting them? How is direct democracy generally achieved? What are recent examples of direct democracy (e.g., adoptions of constitutions or passage of referendums)? Is direct democracy practicable in nation-states as a whole?

Question

How did the founders view constitutional limits in a republic? Were they different from the modern understanding of democracy? What was the contribution of the Iroquois Confederacy to constitutional limits in the U.S.

Question

The historical and current examples of absolutism and authoritarianism offer negative reasons for why constitutional limits are needed in order to prevent state tyranny. In what ways do these types of dictatorships reject constitutional limits in the exercise of political power?

Question

Some dictatorial regimes have been termed “totalitarian?” Why? What makes these regimes worse than authoritarian regimes? What are examples in history that make clear this distinction?

Question

What are positive reasons for establishing constitutional limits on government? What are examples of how constitutional limits have fostered greater respect for democratic rights? What are examples of where constitutional limits failed to respect democratic rights?

Question

Why does the United States have among the most challenging situations among “free countries” in relation to Constitutional Limits? What institutions are most important for constitutional limits in the U.S.?

Activities and Study Topics

Activity

Review the complex arrangement of constitutional limits in the US that establish checks and balances on power. Have students read one or more of James Madison’s Federalist Papers examining the issue (see links in Resources). Also examine the contribution of the Iroquois Confederacy to the concept of federalism. Have students examine whether constitutional limits (including federalism) were effective in preventing majority tyranny and curbing abuse of power? In what ways? And where not, why not? (For example, what practices of the Iroquois Confederacy were not applied.)  What aspects of constitutional limits allowed for overcoming majority tyranny?

Activity

Examine the problem of “gridlock” and divided government in the US system and in parliamentary systems as presented in the Essential Principles and History sections. Hold a class discussion or debate on the question: “The US Constitutional System is Unable to Deal with Current Problems and Should Be Amended: Yes or No?” Choose a specific issue that has been considered “intractable” (such as immigration, government spending, establishing national health care, gun control, or the climate crisis) as an example. Draw on other resources and US history that demonstrate the merits and demerits of the American system (e.g., examine when “gridlock” has not been overcome and when it has).

Activity

One current issue is whether America’s constitutional limits have been upheld or even apply to recent events involving the presidency of Donald Trump and his efforts to overturn the 2020 election and maintain power. Review Essential Principles and the section in History on the topic and assign the article by Michael Luttig and Lawrence Tribe in Resources. Have class discussion or assign an essay on whether constitutional limits apply in regard to (a) abuse of power and obstruction of justice or Congress; and (b) the attempt to gain re-election in 2024.

Activity

Another current issue relates to the power of the US Supreme Court. Examine sections in Essential Principles and History on this topic. Organize a class discussion or assign an essay: Is the Supreme Court too powerful in establishing the “law of the land”? What instances in US history can be cited where the Supreme Court’s power has been too broad? Is that the case in recent history (examine decisions in the last two years)? Should the Supreme Court be reformed? In what ways?

Activity

Today, the most widely used constitutional models in the world are those of Great Britain (a parliamentary model) and the United States (a presidential model). Have a student select a country study for an example and lesson in constitutionalism. What model was adopted? Did the constitution ensure consent of the governed and establish separation of powers, checks and balances and other forms of accountability? Compare with other countries. Make a list comparing what aspects of constitutionalism from the different traditions mentioned above provide for a stable democracy and human rights?

France

Study Questions

Question

Does France's strong presidency pose threats to democratic rule? What protections under the constitution exist to prevent the abuse of powers by the French president? How has France’s judiciary held former leaders accountable?

Question

What limits on state power exist as a result of France’s membership in the European Union and Council of Europe?

Question

Refer to the Country Study and to the Freedom in the World survey overview for France. What prominent issues in the last five years have involved constitutional limits on power in France?

Activities and Study Topics

Activity

France adopted a law banning women from wearing full face and body coverings (the niqab and burqa) in 2010. In June 2014, the European Court of Human Rights ruled that law was “a legitimate attempt to preserve the norms of France’s diverse society” and thus did not violate the European Convention on Human Rights. A law governing laïcité (separation of church from state) was then applied to ban the more commonly used headscarf (hijab) in public schools. A French court determined this a violation of an equal employment law. Organize a discussion (or debate) on the issue: Are such bans consistent with principles of freedom of expression or freedom of religion? Is it a violation of principles of constitutional limits or a legitimate means of fostering equality and preventing male domination of women?

Activity

The 2015 and 2016 terrorist attacks in France prompted the president to use his emergency powers to suspend several constitutional provisions to allow for widespread searches without warrants, the indefinite holding of terror suspects, the closing of mosques suspected of harboring radical jihadists, among others. These actions were largely codified in 2021 security laws. What are the implications for constitutional limits in such laws?

Activity

Examine the rise of far-right nationalist and chauvinist political parties and candidates in France. Is there any relationship to the rise of far-right extremism in other countries? in the United States? What issues do these parties address that are similar to the issues being debated in the U.S.?

Guatemala

Study Questions

Question

Since Guatemala’s independence in 1839, what has been the dominant form of government? What interrupted “strongman” rule? What role did the military play in establishing civilian rule? What role did it play in ending it in 1954? What was the role of the United States?

Question

Why did President Serrano's 1993 attempt to seize power fail? Are Guatemala's current constitutional safeguards sufficient to prevent the return of dictatorship?

Question

What has characterized Guatemala’s democracy since 1985? What aspects hinder democracy? What aspects have strengthened democracy? France also was threatened in the 1950s by right-wing security forces. How did France establish greater stability than Guatemala under its constitution?

Activities and Study Topics

Activity

Examine the 2024 Survey of Freedom report on Guatemala. What is the methodology used in the Survey. Why is Guatemala in the “partly free” category instead of the free category despite having had free elections since 1985? Do you agree with its assessment? Organize a discussion in class: Should Guatemala be characterized as “free” or “partly free”? Why?

Activity

Assign the Foreign Affairs article “The Guatemalan Counterinsurgency Never Ended.” Assign an essay or have class discussion: what does the article show are weaknesses in Guatemala’s constitutional limits? Why has Guatemala not developed a more stable democracy? Will Guatemala’s democracy survive? What can be done to strengthen democracy?

Activity

Look at resources concerning the case against General Efraim Ríos Montt for genocide and crimes against humanity. Was justice achieved or was there impunity? Discuss: Was accountability or stability more important for Guatemalan society?

Uzbekistan

Study Questions

Question

In history, how was Uzbekistan ruled? What were some periods of independence outside of imperial dominance?

Question

How was Uzbekistan ruled before its independence in 1991? How has it been ruled since independence?

Question

Why has Uzbekistan been characterized by Freedom House as among “the worst of the worst” countries in terms of freedom and human rights?

Question

What makes Uzbekistan “not free” in comparison to France (free) and Guatemala (partly free)? What makes it “worse” than other “not free” countries?

Activities and Study Topics

Activity

Examine constitutional limits and safeguards in France and Guatemala. What constitutional limits in free and partly free countries prevent governments from abusing power or using indiscriminate or excessive force? Examine the Country Study and Freedom House’s and Human Rights Watch’s reports on Uzbekistan. What principles of constitutional limits are violated by the system of government in Uzbekistan.

Activity

Examine articles in The New York Times and Washington Post on the use of child labor in Uzbekistan. Investigate the campaigns that were organized to get rid of child labor in Uzbekistan and other countries using the sources in the Post article as well as such sources the AFL-CIO’s Solidarity Center, the International Labour Organization, and the International Labor Rights Forum. Why did Uzbekistan lie about its continued use of child labor? What actions do you think influenced the government of Uzbekistan to end this practice under its leader after 2016?

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