The U.S. Constitution 4

These study questions are part of the study over The Founding Documents of The United States of America. For a general introduction to this study you can go HERE. If you’d like to learn more about Study The Great Books, or to find another text to study, you can go HERE.

Virtues/Vices/Great Ideas: (Find these in the Text and Note them in the Margins)

Justice

Grammar Questions: (The Information of the Text)

1. In what are “the judicial Power of the United States” vested?

2. In what kinds of cases does the Supreme Court have “original Jurisdiction?”

3. In what kinds of cases does the Supreme Court have “appellate Jurisdiction?”

4. What is the case in “the Trial of all Crimes, except in Cases of Impeachment?”

5. What determines where a trial will be held?

6. How is “Treason” defined by the Constitution?

7. What conditions must be met in order to be able to convict someone of Treason?

8. What limitations are placed on the “Punishment of Treason” by the U.S. Constitution?

Logic Questions: (Interpreting, Comparing/Contrasting, Reasoning)

1. What is meant by saying “The judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour?”

2. Why might the Constitution have stated, in regard to Judges, that their compensation “shall not be diminished during their Continuance in Office” and yet made no prohibition against their compensation increasing (as was stated in the case of Senators, Representatives, and the President of the United States)?

3. Given what is stated in Article III, Section 2, what kinds of legal matters would not fall under the purview (scope and influence) of Federal courts?

4. Why does it make sense for the Supreme Court to have “original Jurisdiction” over the particular cases named?

5. Why is it important to the upholding of Justice in the United States that the Supreme Court has “appellate Jurisdiction?”

6. Why might there not be a jury in trials for impeachment?

7. Why might “the testimony of two Witnesses to the same overt Act” be necessary to establish a case of Treason (unless the person confesses in “open court”)?

Rhetoric Questions: (The Analysis of Ideas in the Text)

1. Having now read about the three branches of government under the organization of the Constitution (Legislative Branch in Lesson 1 & 2, The Executive Branch in Lesson 3, and the Judicial Branch in our present reading), what are the apparent pros and cons of dividing the powers of government in this way? Do you think this is an ideal system of government or are there any particular flaws which should be addressed? If you think there are significant flaws, what are they and what would you suggest as a means to fixing any problems? If you think the system is very good, what accounts for the fact that we are faced with significant corruption in our government today?

2. The United States Constitution rejected the concept of “Corruption of Blood” to prevent the government from punishing an offender’s innocent family. Do you think it is ever appropriate to punish someone due to the criminal behavior of their relations? If so, what would be a case that would warrant such punishment? If not, why not?

Theological Analysis: (Sola Scriptura)

1. Read Exodus 18 and Deuteronomy 17:8-13. How do these passages show a biblical precedent for the concept of a multi-tiered court system?

2. Read Deuteronomy 24:16 and Ezekiel 18:14-20. How do these passages relate to Constitutional law concerning those who are found guilty of Treason?