Tense is actually not the issue here. We can say "did," but "does" works fine, since the Constitution has not changed in this regard. (It still mandates this.)
The problem with B is "should." We can mandate that something happen (this form is the command subjunctive), or we can say/indicate that something should happen, but we can't mandate that something should happen. It's one or the other.
The problem with B is "should." We can mandate that something happen (this form is the command subjunctive), or we can say/indicate that something should happen, but we can't mandate that something should happen. It's one or the other.



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