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Constitution Day High School Lesson [1]

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Date: 2025-09-14

Wednesday, September 17, is Constitution Day. The Constitution was signed by delegates to the Constitutional Convention on September 17, 1787. In 1952, Congress designated September 17 as Constitution Day and Citizenship Day. Schools and school districts that receive any federal funding are mandated by law to teach about the Constitution on Constitution Day.

Face-Off: Does the Constitution provide sufficient restraints on Presidential power?

Do Now: As President, Donald Trump has taken broad action on immigration, tariff policy, the use of the National Guard, and the independence of universities. He claims the Constitution authorizes the President to act in this way because according to Article II of the Constitution “executive power is vested in a President.” The Constitution, however, does not define what executive power is or provide guidelines for Presidential action. In your opinion, is the system of checks and balances between three co-equal branches of government working as intended at this time? Explain.

Instructions: George Clinton (1739-1812) was governor of New York and Vice-President of the United States. He is believed to have been the author Cato who as an anti-Federalist argued against ratification of the new Constitution. In Cato IV he addressed concerns about the power of the President. Alexander Hamilton (1757-1804) was Secretary of the Treasury under Washington. During the Constitutional Convention he was a proponent of a strong national government. In the Federalist Papers, as Publius, he argued for ratification. In Federalist Papers 67-70 he defended Article II describing the Executive Branch. Cato IV and Publius 67-70, all written during ratification debate in New York State in 1788, offer very different views on whether the Constitution effectively defined executive power and the powers of the President. Working in your teams, read and discuss the excerpts and answer questions 1-6.

Questions

1. Based on these statements and your understanding of the United States government, what is “executive power”?

2. What concern[s] does Cato have about the Constitution and the power of the president?

3. How does Publius respond to concerns about the Presidency raised by Cato?

4. Why does Publius charge the opponents of the Constitution with “misrepresentation”?

5. In your opinion, would Cato or Publius be more likely to support actions taken by President Trump? Explain.

6. In your opinion[s], does broad action by a President threaten or strengthen democracy in the United States? Explain.

Cato IV: “The construction of the first paragraph of the first section of the second article, is vague and inexplicit . . . he will therefore be unsupported by proper information and advice, and will generally be directed by minions and favorites . . . Every American whig, not long since, bore his emphatic testimony against a monarchical government, though limited, because of the dangerous inequality that it created among citizens as relative to their rights and property; and wherein does this president, invested with his powers and prerogatives, essentially differ from the king of Great-Britain . . . when a man is at the head of an elective government invested with great powers, and interested in his re-election, in what circle appointments will be made; by which means an imperfect aristocracy bordering on monarchy may be established.”

Publius 67-70: “There is an idea, which is not without its advocates, that a vigorous Executive is inconsistent with the genius of republican government . . . Energy in the Executive is a leading character in the definition of good government . . . It is impossible not to bestow the imputation of deliberate imposture and deception upon the gross pretense of a similitude between a king of Great Britain and a magistrate of the character marked out for that of the President of the United States . . . The President of the United States would be an officer elected by the people for four years; the king of Great Britain is a perpetual and heredity prince . . . . I have taken the pains to select this instance of misrepresentation, and to place it in a clear and strong light, as an unequivocal proof of the unwarrantable arts which are practiced to prevent a fair and impartial judgment of the real merits of the Constitution submitted to the consideration of the people.” the Executive should be independent for his continuance in office on all but the people themselves.”

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