LAW

LAW

 

Your response should be at least 200 words in length. You are required to use at least your textbook as source material for your response. You may also use reputable outside sources. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

The text book is American Constitutional Law edition 16 by MASON AND STEPHENSON

1.What constitutional issue confronted the Court in Dennis v. United States (1951)? How was the case decided? Explain. What does Justice Frankfurter’s concurring opinion in the case reveal about his view of the proper role of the Supreme Court in the resolution of conflicts between governmental power and individual rights? Explain.

2.In the arguments before the Supreme Court in the Pentagon Papers case, what would the government have had to show to win five votes for its position? What was Justice Harlan’s answer to the problem the case confronted?

3.In Gonzales v. Carhart, Justice Kennedy insists that the Court remains faithful to Planned Parenthood of Southeastern Pennsylvania v. Casey (Casey). Justice Ginsburg insists that the majority refuses to take Casey seriously. Analyze then decide who you think is correct. Support your decision. In his opinion in Griswold v. Connecticut, why did Justice Douglas rely on “penumbras” from the Bill of Rights rather than the Fourteenth Amendment’s due process clause (see Chapter 9)? Explain.

4.In his opinion in Griswold v. Connecticut, why did Justice Douglas rely on “penumbras” from the Bill of Rights rather than the Fourteenth Amendment’s due process clause (see Chapter 9)? Explain.

5.Analyze and answer the following question: “Security versus freedom—how far should the government go?” Provide practical examples and/or court cases that analyze the different measures that the United States has taken since September 11, 2001, in order to secure the freedom of citizens of the United States.

6.Both Justice Brennan’s plurality opinion in Frontiero v. Richardson and his majority opinion in Craig v. Boren illustrate different possible ways to respond to allegations of unconstitutional gender discrimination. Analyze and explain them.

7.To what degree does Boumediene v. Bush show that the Constitution places considerable restraints on Congress, not only on the President (United States v. United States District Court), in matters of national security?

8.In Korematsu v. United States, how do the opinions of Justices Black and Murphy differ in terms of the standard that must be met in order to justify an abridgement of constitutionally protected liberties?

9.What important impact (by way of expansion) did Shapiro v. Thompson (1969) have on the Supreme Court’s interpretation of the equal protection clause? Explain
Contrast the role of religion in public schools with the role of religion in government-run military academies, such as the Air Force Academy. Give your opinion as to the proper balance.

10.What are the competing issues in the conflict between the establishment clause and the free exercise clause? Comment on this conflict as it appears in your professional or student life.

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