Constitutional Conversations �and Civil Dialogue

Constitutional Conversations �and

Civil Dialogue

COMPONENTS OF A CONSTITUTIONAL CONVERSATION

1. Building a historical foundation through storytelling

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• Learning how to interpret the Constitution like a constitutional lawyer

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• Developing the skills of civil dialogue and reflection

Constitutional Conversations �and

Civil Dialogue

COMPONENTS OF A CONSTITUTIONAL CONVERSATION

Building a historical foundation through storytelling

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First, we build a strong foundation by telling the Constitution’s Founding stories, studying the Constitution’s text, and exploring how courts have interpreted the Constitution over time.

Constitutional Conversations �and

Civil Dialogue

COMPONENTS OF A CONSTITUTIONAL CONVERSATION

Learning how to interpret the Constitution like a constitutional lawyer

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Second, we teach learners of all ages to separate their political views from their constitutional views—asking not what the government should do, but what it constitutionally may do.

Constitutional Conversations �and

Civil Dialogue

COMPONENTS OF A CONSTITUTIONAL CONVERSATION

Developing the skills of civil dialogue and reflection

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Third, we give students the resources that they need to think like constitutional scholars—by presenting the best arguments on all sides of each constitutional issue, providing helpful educational resources, and offering platforms to support civil discourse within the classroom and across the county.

Constitutional Conversations �and

Civil Dialogue

THE CONSTITUTION

Constitutional Conversations �and

Civil Dialogue

THE CONSTITUTION

• The Preamble

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Articles I through III: Basic structure of the national government:

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• Article I: establishes the national government’s legislative branch—Congress.
• Article II: establishes the national government’s executive branch—headed by a single president.
• Article III: establishes the national government’s judicial branch—the federal judiciary.

Constitutional Conversations �and

Civil Dialogue

THE CONSTITUTION

• Article IV: addresses the relationship between the states and their citizens, how to handle the admission of new states, and how to govern federal territories. (It also includes the infamous Fugitive Slave Clause.)
• Article V: sets out the process for amending the Constitution.
• Article VI: establishes the supremacy of national law over the laws of the states and it bans religious tests for national office.
• Article VII: sets out the process for ratifying the Constitution.

Constitutional Conversations �and

Civil Dialogue

THE CONSTITUTION

The Amendments

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Bill of Rights: The first 10 amendments protect free speech, a free press, religious freedom, and the right to a jury trial—among many other rights.

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Reconstruction Amendments:

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• 13th Amendment: abolished slavery.
• 14th Amendment: wrote the Declaration of Independence’s promise of freedom and equality into the Constitution.
• 15th Amendment: promised to end racial discrimination in voting.

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The remaining amendments altered the Constitution in ways both big and small. To give just one example, the 19th Amendment protected women against discrimination at the ballot box.

Constitutional Conversations �and

Civil Dialogue

For us, the big idea is that sound constitutional thinking must always begin with an intimate knowledge of the Constitution itself—its text, history, and structure. We hope to provide you with that foundation throughout the year.

BIG IDEA:

Constitutional Conversations �and

Civil Dialogue

THINK LIKE A CONSTITUTIONAL LAWYER

The key is to try to separate your

political views (what should be done—a policy question)

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from your constitutional views (what can be done—a constitutional question).

Constitutional Conversations �and

Civil Dialogue

Policy question:

Constitutional Conversations �and

Civil Dialogue

Constitutional question:

Does the Fourth Amendment allow a government employee—like a public school principal—to search a student’s locker?

Should a public school principal search a student’s locker?

FORMS OF CONSTITUTIONAL ARGUMENTS

• Text: The interpreter looks to the meaning of the Constitution’s words, relying on common understandings of what the words meant at the time that the language was added to the Constitution.
• History: With this form of argument, the interpreter looks to the historical context of when the Constitution’s text was drafted and ratified to shed light on its meaning.
• Structure: With this form of argument, the interpreter reads the Constitution holistically and tries to derive any structural principles embodied in its text.
• Doctrine: With this form of argument, the interpreter applies precedents established in earlier cases to new cases.
• Prudence (or Consequences): With this form of argument, the interpreter seeks to balance the costs and benefits of a particular ruling, including its practical consequences and how it relates to a judge’s views about the proper scope of judicial power, competence, and role.
• Tradition: With this form of argument, the interpreter looks to any laws, customs, and practices established after the framing and ratification of a given provision.
• Morality: With this form of argument, the interpreter draws on principles of moral reasoning—whether embodied in the natural law tradition or drawn from a judge’s own independent, present-day moral judgments.

Constitutional Conversations �and

Civil Dialogue

TIPS FOR ENGAGING IN CONSTITUTIONAL CONVERSATIONS

• First: Be sure that you’re asking constitutional questions, not policy questions.

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• Second: Try to steer clear of “yes or no” questions. They rarely move the conversation forward.

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• Third: Whenever possible, incorporate scholarly work into your answers. Scholarly evidence can help support your point. So, do your research. Take notes. And highlight information as you read through the materials.

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Constitutional Conversations �and

Civil Dialogue

PRACTICE OF CIVIL DIALOGUE

• What’s an argument?

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• What does it sound like?

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• What does it look like?

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• And how does it feel?

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Constitutional Conversations �and

Civil Dialogue

ARGUMENTS AT THE SUPREME COURT

Constitutional Conversations �and

Civil Dialogue

JUSTICE STEPHEN BREYER

Constitutional Conversations �and

Civil Dialogue

JUSTICE STEPHEN BREYER

The justices don’t shout at each other. They aren’t rude to one another. And they don’t put each other down.

Constitutional Conversations �and

Civil Dialogue

JUSTICE STEPHEN BREYER

Their conversations are civil, polite, and professional. And they listen to one another—even though they might strongly disagree.

Constitutional Conversations �and

Civil Dialogue

JUSTICE BREYER’S ADVICE FOR DISAGREEMENTS

• If you have a friend, and you’re disagreeing about something and you’re in a big argument, what works best is to stay calm.
• Listen to what she’s saying.
• Try to deal with what she’s saying, not what you’re saying.

Constitutional Conversations �and

Civil Dialogue

TWO MAIN RULES IN THE SUPREME COURT’S PRIVATE CONFERENCE

• Number One—Don’t speak twice until everyone has spoken once. That’s a great rule for whatever group you’re involved in because everyone thinks that they’ve been treated fairly.

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• Number Two—Stay calm, listen, and respond to what the other person has said.

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Constitutional Conversations �and

Civil Dialogue

What are some of the norms that we might set to engage in civil dialogue over important constitutional issues?��With Justice Breyer’s advice in mind, how can we build a list of norms for our own conversations on Zoom this year?

Constitutional Conversations �and

Civil Dialogue

JUSTICE LOUIS BRANDEIS

“Come let us reason together!”

Constitutional Conversations �and

Civil Dialogue