The Supreme Court in the American System of Government

| December 28, 2015

**NOTE: Every questions needs to be a minimum of 300 words*** 1. During Week 2 you read, “The Supreme Court in the American System of Government”. On this webpage was an excerpt by Retired Chief Justice Charles Evans Hughes on the role of the Supreme Court. Based on this and all of your other readings thus far in this course, please answer the following questions. Explain the two theories of constitutional interpretation, the “living constitution” and “originalist”. Which theory do you believe is the correct theory to follow? Please remember to list your references at the end of your submission in Bluebook format. Your answer should contain a minimum of 350 words, and be written formally in plain English, with no grammar or spelling errors. 2. During Week 3, you were to read Morse v. Frederick, 551 U.S. 393 (2007). (a) In your own words, describe the facts of the case, the issue, and the holding. (b) What specific section(s) of the Constitution were involved in this case? Based on the language and intent of the Constitution, do you agree with the ruling of this case? (c) If you were a Justice on the Supreme Court at the time of this case, would you be in the majority or the dissent? Please discuss fully. Remember to list your references in Bluebook format and that your answer should be at least 350 words, and be written formally in plain English, with no grammar or spelling errors. 3. This last essay question pertains to the 2nd Amendment. Even though this Amendment continues to be reviewed in cases before the Supreme Court, there still seems to be little to no definitive decision by the courts of what is specifically included in right the Second Amendment protects. Discuss fully the two main sides of this debate. (a) What are two perspectives as to what the 2nd Amendment protects? What evidence / arguments do those two sides make to support their stance?
What stance do you find most convincing and why?

Be sure to back up your discussion with references listed in Bluebook format. Note that your answer should contain at least 350 words and be written formally in plain English, with no grammar or spelling errors. 4. Explain in detail the Exclusionary Rule. Briefly summarize the holding in Mapp v. Ohio. Create your own fact pattern to illustrate how the Exclusionary Rule is applied by the Courts. Please remember to list your references in Bluebook format. Note that your essay answer should contain a minimum of 350 words and be written formally in plain English, with no grammar or spelling errors.

5. Explain in detail the Right Against Self-Incrimination found in the 5th Amendment. Briefly summarize the holding in Miranda v. Arizona. Create your own fact pattern to illustrate how and when law enforcement agents must give the Miranda warnings. Please remember to list your references in Bluebook format. Note that your essay answer should contain a minimum of 350 words and be written formally in plain English, with no grammar or spelling errors. 6. Does the 6th Amendment’s right to a jury trial mandate that a jury must have 12 members? Explain the history of the Court’s interpretation of jury size? In what historical case did the Court state, “a jury comprised of 12 persons, neither more or less.” What was the Court’s reasoning for making this statement? Explain the Supreme Court’s interpretation of jury size in its 1979 case. Please remember to list your references in Bluebook format. Note that your essay answer should contain a minimum of 350 words and be written formally in plain English, with no grammar or spelling errors.

7. What should be the test for determining when prison conditions constitute cruel and unusual punishments? Is a “deliberate indifference” standard appropriate? In what case does the Court first discuss this standard? Is it unconstitutional to confine an inmate to a four-by-six foot cell? Why or why not?
To double-cell an inmate with a chain smoker? Why or why not? To keep cells at 55 degrees? Why or why not? Please remember to list your references in Bluebook format. Note that your essay answer should contain a minimum of 350 words and be written formally in plain English, with no grammar or spelling errors.

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