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| You have previously been assigned ONE of the following essay questions. Prepare your response, following the designated INSTRUCTIONS. |
| 1. What is the establishment
clause and the free exercise clause? What controversies have arisen in
the United States over the issue of freedom of religion and how have they
been resolved?
2. How have issues like prayer and Bible reading in public schools been settled by the Supreme Court, and why? How high would you construct the "wall of separation" between church and state, and why? 3. How and why have the provisions of the Bill of Rights been incorporated into state laws? Do you think this is an infringement on the rights of the states, or appropriate to protect national civil liberties in all cases? Explain. 4. Explain how the Bill of Rights was extended to the states. Cite key Supreme Court cases to illustrate your answer. 5. Explain how the freedoms of speech and press have been compromised in the name of nilh1ir order and the right of a fair trial. 6. The First Amendment states that "Congress shall make no law ... abridging the freedom of speech, or of the press..." Under what circumstances has the Supreme Court decided that it is constitutional to abridge freedom of speech and press? Give examples of specific cases to illustrate your answer. 7. Describe the Supreme Court's decisions regarding freedom of expression. How have the Court's decisions protected or extended democracy? limited democracy? 8. Describe the historical development of Supreme Court decisions regarding free press/fair trial, obscenity OR the death penalty, citing specific court cases. What are the main features of the Court's current posture in this area? 9. How has the Court dealt with obscenity cases and the very definition of obscenity? Should obscenity be protected as freedom of expression, or should local communities be allowed to set standards of what is and is not obscene? Explain. 10. Compare and contrast the civil liberty issues involved in the different types of speech such as obscenity, libel, symbolic speech, commercial speech, and speech over the public airways. 11. Why have flag burning and wearing a black armband been protected by the Court? Do you think this is appropriate or not? Explain. 12. What are the arguments for and against the Supreme Court's enforcement of the exclusionary rule under the Fourth Amendment? 13. Under what conditions might drug testing of students be deemed an invasion of privacy, given the ruling of Veronica School District 47J v. Acton? Does the ruling set a universal precedent allowing or requiring drug testing for employees of the federal government, public transportation workers, teachers, restaurant employees, and others? Explain. 14. What is the difference between a right and a liberty? How are each of these concepts, derived from the Constitution? 15. With increasing levels of communication (including computer technologies), what are the threats to individual rights and liberties? Include in your discussion the right to privacy, national and international crime, pornography, and other issues you consider important. 16. In what areas of life are the rights of individuals and the rights of the majority most controversial? How and why have these rights changed over the years? 13. Trace the protection of due process for a student who is stopped for speeding and subsequently searched for drugs. 17. Define "justice" and "law." What is the difference between "the administration of justice" and "law enforcement"? 18. Why does the Court strike down laws that are determined to be void for vagueness? 19. Discuss whether children should be required to face individuals they accuse of molesting them. Should women be required to face individuals who they accuse of abuse? What does the law say about these situations? How, does the law work in -practice? 20. What are the advantages and disadvantages, both legally and politically, of having so-called reserved seat's on the Supreme Court-seats for African Americans, women, and other minorities? Should Congress adopt this practice and have representation on the basis of social categories? Discuss. 21. Should freedom of assembly include the right of groups like the American Nazi Party, the Ku Klux Klan, the Communist Brigade, and similar groups to march and hold rallies? Explain your answer and why others might argue otherwise. 22. Explain the two facets of the freedom of assembly. What restrictions have been put on the right to assemble? 23. Describe the various ways in which the Constitution protects the rights of the accused through the stages of the criminal justice system. Give examples of how these protections have been challenged in the courts. 24. Describe the specific provisions of the Bill of Rights in regard to those brought before the criminal justice system. Why do you think the Bill of Rights is so explicit in these matters, and do you approve these safeguards? Explain. 25. Present the argument that the extension of defendants' rights have hurt the police and benefitted criminals. What specific court decisions have extended defendants' rights and how? 26. Describe the significance of the Supreme Court rulings in Miranda v. Arizona and Gideon v. Wainwright. Do you think the Court was properly enforcing provisions of the Bill of Rights in these cases or overreaching? Explain. 27. What is the Supreme Court's current stance on the death penalty? Do you agree with it? Do you think that the death penalty violates the Eighth Amendment? Explain. For what crimes, if any, is the death penalty justified? 28. One of the greatest debates concerning Americans' civil liberties lies in the area of privacy rights. How does the right to privacy relate to the issues of abortion and the right to die? Explain how the courts have dealt with these issues. 29. Describe the significance of the Supreme Court's Roe v. Wade ruling? Did the Court overstep its authority or did it properly extend the right of privacy in this case? How have later Court decisions changed Roe? Explain. 30. Discuss the Supreme Court's recent decisions regarding the right of privacy, abortion and the right to die. How do these decisions reflect on the scope of government? 31. How would you characterize the first ten amendments to the Constitution. Why, taken together, are these so significant? Do you consider them too narrow, too broad, or about right? Explain. 32. How have civil liberties affected democratic government in the United States? What are the basic conflicts between civil liberties and democracy? 33. Explain why the text concludes that an expansion of individual freedom may require an expansion of the scope of government. Cathedral High School, El Paso, TexasGOVT 2305 American Government and Politics Last updated: August 2004 |