Fighting During Recess

"The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session."
- U.S. Constitution: Article II, Section 2, Clause 3

“The United States Senate has the responsibility to approve or disapprove of my nominees. But if, in the interest of scoring political points, Republicans in the Senate refuse to exercise that responsibility, I must act in the interest of the American people and exercise my authority to fill these positions on an interim basis.”
- President Barack Obama

“Circumventing constitutional Senate vetting is dangerous because President Obama’s track record in vetting nominees and other high-level appointees has been very poor. . . . Many of the people President Obama is granting recess appointments will hold high level positions that will greatly influence job creation in this country.”
- Senator Jim DeMint of South Carolina

Though there is little evidence as to the intentions of the Constitution's Framers in creating the recess appointment clause, it seems that it was meant to allow the President to maintain the continuity of administrative government through the temporary filling of offices during periods when the Senate was not in session and thus could not consider nominees. This interpretation was bolstered by the fact that Congress had both relatively short sessions and long recesses between sessions until the beginning of the 20th century.

Presidents, however, have sometimes used recess appointments for political purposes--as opportunities to side-step a Congress controlled by the opposition party. Attorneys General and the courts have added to the president's recess appointment power by interpreting broadly the phrase “vacancies that may happen during the recess of the Senate." The recess appointment power is now generally accepted to include the right to make recess appointments to any position that became vacant prior to the recess and to positions that became vacant during the recess.

President Clinton made 139 recess appointments, and President George W. Bush made 171 in their two terms in the White House. President Obama has made 15 recess appointments in his year-and-a-half in office.

Current Events & the Constitution
Ask your students to deliberate the positives and negatives of recess appointments after first reading Article II, Section 2, Clause 3 of the Constitution. Then ask them to look at the history of recess appointments at the Senate's web site and what each political party has to say about President Obama's recess appointments.

Freedom of Internet Speech

China and internet search giant Google are at odds over Google’s decision no longer to censor its site. Google has redirected users going to http://www.google.cn/ to Google’s unrestricted Hong Kong site http://www.google.com.hk/ Google was demonized by some in the West and within China for its initial decision to submit to the Chinese government’s censorship policy. Google has now signaled that it wants to "meaningfully increase access to information for people in China." This would entail no longer filtering from Google’s search engine results sites critical of the Chinese government . The Chinese government says that Google has violated a written promise to filter out sites the Chinese government finds objectionable.

"Network neutrality" is the principle that data on the internet should be moved impartially, without regard to content, destination, or source. Those who favor network neutrality believe that it protects the free market by ensuring that all small and independent sites, such as blogs, are on an even playing field with large, corporate-owned sites. Critics of network neutrality want a two-tiered model, where ISPs would be able to charge owners of Web sites a premium fee for priority placement and faster speed across their networks.

Both of these internet controversies are about the concept of freedom of speech: that of the Chinese people and that of small independent web sites. In the United States, freedom of speech is a fundamental right, but in some countries, like China, such a right does not exist in law.

Ask your students these questions:
Is “freedom of speech” an inalienable universal human right? Why, or why not?

If ISPs (Internet Service Providers) can decide what kind of content moves at what speed on the internet, do they then have the ability to determine what types of content internet users have access to? Explain your answer.

Does the concept of freedom of speech translate to the internet? Why, or why not?

To Lead or to Follow?

Yesterday, President Obama's healthcare legislation passed Congress, despite its apparent unpopularity with most American voters. This fact brings up the interesting question of whether, in a democracy, elected representatives should simply follow the wishes or their constituents or whether they should decide how to vote without regard to public opinion.

The former theory of representation is known as the "delegate" theory and was famously championed in American history by the Anti-Federalists during the debate about ratification of the Constitution. The latter theory is called the "trustee" theory of representation and was adovocated by Edmund Burke (pictured above), the 18th-century Irish-born British statesmen who sympathized with the American Revolutionaries and who is seen as the godfather of modern conservatism.

Though the delegate theory is more often associated with the American Left and the trustee theory with the Right, in the case of the health care debate, it seems that the two ends of the American political spectrum may be favoring the opposite theory this time around.

Have your students discuss which theory of representation is better for democracy.

Saint Patrick in America

St. Patrick’s Day is most often celebrated with a plethora of shamrocks, green trappings, and corn beef and cabbage. But do your students know the history of the day and its importance for American history?

St. Patrick is known as the patron saint of Ireland, though he was actually born in Roman-governed England, probably in the late 4th century. Around the age of 16, he was kidnapped by pirates and sold into slavery in Ireland. He finally escaped after six years of servitude and returned to Britain. Back home, Patrick became a priest and then returned to Ireland where he converted tens of thousands of the Irish people to Christianity. Patrick died on March 17th, most likely in the year 461.

St. Patrick’s Day has been observed as a religious holiday by the Irish for hundreds of years, but the first St. Patrick’s Day parade took place not in Ireland, but in the United States – New York City to be exact. Irish soldiers in the English military marched through the city on March 17, 1762. The day became even more important in America as millions of Irish immigrants entered the United States in the nineteenth century. Today, a St. Patrick’s Day parade takes place in cities all over America, notably Boston, Chicago, Philadelphia, and Savannah. Chicago even has a tradition of dyeing the Chicago River green for the day (see the picture above).

Some have made great and controversial claims for the importance of the role played by the Irish in world history. Their great influence on American history, however, is undisputed. Have your students research the influence of Irish immigration on American history. Where did most Irish immigrants settle? How did this immigration shape religious, political, and cultural developments in the United States? Who are some of the most famous Irish-Americans?

Reconciliation Makes Strange Bedfellows

The Student Aid and Fiscal Responsibility Act, approved by the House of Representatives in September, may be the key to securing passage of a health care reform bill in the Senate. These two seemingly divergent bills have become intertwined because, though there may not be enough votes in the Senate to pass the health care bill, there are probably enough votes to pass the student aid bill.

The reason for merging the two bills would be to make the health-care half of the legislation more attractive to Democrats and Republicans who support the student aid bill, but not the health care bill. The proposed move to merge the bills would allow Senate Democrats to pass the combined bill via reconciliation. The debate about reconciliation has divided the Congress and brought into question the process of creating legislation.

Reconciliation has been used by both parties for more than three decades to overcome filibusters. It has been utilized by the majority political party in the Senate that did not have a 60-vote supermajority to overcome a filibuster eight times: two times by a Democratic-controlled Congress, and six times by a Republican-controlled Congress.

Current Events and the Constitution
The national debate about health care and education has focused new light on the process of making a bill into a law. Article I, Section 7 of the Constitution is a great place to start in understanding this process. Looking at Congress' parliamentary rules and reconciliation process are the next steps in understanding the process.

"Beware the Ides of March"

Thus the soothsayer warned Emperor Julius Caesar on the 15th of March, 44 B.C. On that day, Caesar, who had overturned the Roman republic and made himself a tyrant, was assassinated by a group of Senators, including his friend, Brutus. In the eponymous play by William Shakespeare, the Senators begin to stab Caesar, who tries to resist the assault until he sees Brutus also wielding a knife against him. "Et tu, Brute?" ("And you, Brutus?"), Caesar utters in disbelief before collapsing.

The figure of Brutus--the assassin of the tyrant--cast a long shadow over American history. In setting up their own republic, the American Founders looked to the Roman republic as a model and the Roman Empire embodied by Caesar as a portent of what they feared the republic could become. Americans feared that liberty was fragile and that the republic could be undone by the ambition of one man.

"Brutus" became the pseudonym of one of the most famous Antifederalist authors (probably Robert Yates of New York), who wrote essays in opposition to the proposed Constitution of 1787, which he believed dangerously consolidated power in the central government. The Framers of the Constitution were also wary of the rise of a Caesar and designed the presidency with great care in an effort to prevent any abuse of executive power.

The assassin of Abraham Lincoln, John Wilkes Booth, saw himself as an American Brutus, who was serving the cause of liberty by killing a president who had assumed tyrannical powers. Booth famously called out, "Sic semper tyrannis!" ("Thus always to tyrants!") after shooting Lincoln at Ford's Theater. This phrase was the state motto of Virginia and had been attributed to Brutus himself. Booth was a famous American actor at the time of the assassination and only months before had appeared as Mark Antony in a production of Shakespeare's Julius Caesar (see the picture to the left: from left to right are John Wilkes Booth and his brothers Junius, Jr. and Edwin).

Booth's self-association with the figure of Brutus has tarnished the use of the Roman's name by those who oppose concentrated government power. Still, the story of Brutus and Caesar retains its power today in the United States, particularly in light of the rise of a strong executive that some have dubbed "the imperial presidency."

Alexander Graham Bell invented the telephone . . . or did he?

"Mr. Watson, come here, I want to see you.”

Those were the first words spoken on Alexander Graham Bell’s revolutionary invention, the telephone, on March 10, 1876. Most people today credit Bell as the sole inventor of the telephone. But Bell is often accused of stealing part of his concept for the telephone from fellow inventor Elisha Gray.

Both Gray and Bell applied for a patent from the U.S. Patent Office on the same day: February 14, 1876. Bell was issued his patent on March 7, 1876, and three days later transmitted the first clear words through an acoustic telegraph.

Have your students research the Bell-Gray controversy and discuss which inventor should have received the patent for the telephone. Discuss with them why patents are important. You may also want to have them discuss the impact the telephone has had on history. Your students may be interested in looking at Bell’s experimental notebook entry from March 10, 1876.

Parliamentary and Presidential Systems of Government

An estimated 60 percent of Iraqis voted during the 2010 parliamentary elections on Monday. In a parliamentary democracy like Iraq’s, parliament has sovereignty over the head of the government, the prime minster. The prime minster is usually the leader of the political party that has either won the majority of seats in parliament or has the most seats without holding a majority. In the case of the latter, the political party with the most seats in parliament must form a coalition government, which includes members of other political parties. Many European, Middle Eastern, and South Asian nations follow the parliamentary system, with Britain’s being that most famous.

The political party of the current Iraqi Prime Minster, Nouri Maliki, is not expected to retain a majority of the seats in that country’s parliament but will probably still hold the most seats and thus would be forced to form a coalition government.

During the 2008 election cycle in the United States, almost 62 percent of eligible voters went to the polls to elect the 44th President of the United States. They also handed the Democratic Party a majority of the seats in both houses of Congress. Some believe the Democrats are in danger of losing their majorities in Congress during the mid-term elections this November, but no matter the result, in a presidential system, Barack Obama would still be President of the United States.

Questions to Consider

1. Which system, parliamentary or presidential, is more consistent with democratic ideals?


2. Which system provides for more accountability to the voters?


3. Why have more democracies adopted the parliamentary system than the presidential system?


4. Would a parliamentary system necessitate more political parties?


5. Would having fewer political parties mean a more stable system of government?
   

My Years in High School

Teaching is certainly a challenging profession, as well as a rewarding one. Newly published, this little book by a veteran high school teacher details the trials and tribulations of teaching in a 21st-century American public school.

From the book jacket:

"Writer and educator Marcos Puga gives a close-up view of what it's like to be a teacher, with a distinct and humorous voice. From the difficult to the delightful, his narrative is a wonderful tribute to students and how each has the uneniable right to quality education and what role the teacher plays in bringing out the best in his/her students. Meant to aid and inspire other teachers, parents, and yes, even students, this amusing book is filled with advice, anecdotes, and the heartfelt pride of what it means to be a teacher."

Lincoln Takes Office This Day in History

It was on March 4th, 1861 that Abraham Lincoln took the oath of office to become the 16th President of the United States of America. His inauguration was the impetus for seven southern states to secede from the Union, and his decision to call for 75,000 volunteers to put down the "rebellion" drove four more states into the arms of the new Confederate States of America.

The war and Lincoln's conduct of it brought numerous constitutional questions about states' rights, slavery, and presidential powers to a head. Many of Lincoln's decisions are still debated by scholars today--a debate your students can join by taking part in the National Constitution Center's engaging lesson plan and accompanying online game, Lincoln's Crossroads.

Does the Second Amendment Apply to the States?

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
- Second Amendment to the Constitution

“Nor shall any State deprive any person of life, liberty, or property, without due process of law.”
- Fourteenth Amendment’s Due Process Clause

The debate about whether the 14th Amendment makes the first ten amendments to the Constitution applicable to the states, thus extending the protections of the Bill of Rights, has a long history that will gain another chapter when the Supreme Court hears the case of McDonald v. Chicago this week.

Citing the Due Process Clause of the 14th Amendment, the Supreme Court in a series of cases has held that most of the freedoms guaranteed by the Bill of Rights also apply to the states. The 1st, 4th, three clauses of the 5th, the 6th, and a clause in the 8th Amendment have been incorporated.

Until now, however, the 2nd Amendment, along with the 3rd, a clause in the 5th and the 7th Amendment have not been applied to, or incorporated against, the states. In D.C. v. Heller (2008) the Supreme Court held that the 2nd Amendment protects an individual’s right to possess firearms for self-defense within federal territories, like Washington, D.C.

McDonald v. Chicago will likely determine whether the limits placed on the federal government by the 2nd Amendment are applicable to state and local governments.

Ask your students which of the freedoms guaranteed in the Bill of Rights should be incorporated against the states, which should not be incorporated, and to defend their answers.

The Exchange, the National Constitution Center's program of national student deliberation, will grapple with the issue of gun control, when on May 20, The Exchange asks students: Can government prohibit citizens from owing handguns? Your students can join the conversation about important constitutional issues by visiting The Exchange's website.

Oh Say Can You See . . .

March 3 will be the 79^th anniversary of the congressional resolution, signed by President Herbert Hoover, which made Francis Scott Key’s Star-Spangled Banner the national anthem. However, there has been a long-standing debate about whether the Star-Spangled Banner is the right choice for the country’s anthem.

The Star-Spangled Banner was written in 1814 and was originally titled Defence of Fort McHenry. Key wrote the work after he witnessed the bombardment of the Maryland fort by the British during the War of 1812. Though composed as a poem, the piece soon began to be sung to the tune of the popular British drinking song “To Anacreon in Heaven.”

For years, many people have lobbied to have the song America the Beautiful replace the Star- Spangled Banner as the country’s national anthem. America the Beautiful was written by Katharine Lee Bates, and the music was composed by church organist Samuel A. Ward. America the Beautiful also began as a poem, entitled Pikes Peak (the plaque atop Pikes Peak commemorating the composition of the poem is pictured above).

Proponents of the switch say that America the Beautiful is easier to sing and more melodic than the Star-Spangled Banner and that the Star-Spangled Banner is too militaristic.

Have your students read the lyrics to the Star-Spangled Banner and America the Beautiful and discuss the differences. Also have them listen to the songs. Have your students deliberate as to which song they think should be our country’s national anthem. Would they keep the Star-Spangled Banner or would they change it to America the Beautiful?