4 and 5 review

ESSAY.  Write your answer in the space provided or on a separate sheet of paper.
1)  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?

2)  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.

3)  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.

4)  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.

5)  Present the argument that the extension of defendants' rights have hurt the police and benefited criminals. What specific court decisions have extended defendants' rights and how?

6)  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?

7)  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.

8)  Explain how the Bill of Rights was extended to the states. Cite key Supreme Court cases to illustrate your answer.

9)  Describe the Supreme Court's decisions regarding freedom of expression. How have the Court's decisions protected or extended democracy? Limited democracy?

10)  Explain the two facets of the freedom of assembly. What restrictions have been put on the right to assemble?

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)  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.

13)  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.

14)  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.

15)  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 issue of abortion? Explain how the courts have dealt with this issue.

16)  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.

17)  How have civil liberties affected democratic government in the United States? What are the basic conflicts between civil liberties and democracy?

18)  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.

19)  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?

20)  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.

21)  Discuss recent Supreme Court decisions regarding the rights of homosexuals. To what extent have these decisions expanded equality to homosexuals? What social factors limit the likely expansion of equality to homosexuals?

22)  Explain how civil rights laws expand both the scope and power of government, citing specific court decisions and federal laws as evidence.

23)  What was so dramatic about the Supreme Court's decision in Brown v. Board of Education? How did the decision affect schools in its immediate aftermath? Should the Court have been more aggressive, or less? Explain.

24)  Describe the three eras that delineate African-Americans' struggle for equality in America. Explain how the roles of the court and Congress changed through the three eras.

25)  The equal protection clause has been used extensively. Describe its significance, and how courts have used it to rule on matters related to racial and gender equality. Do you approve of this use of the clause? Explain.

26)  What were the views and conceptions of equality during the early years of the American republic? What does the Constitution say about equality and civil rights?

27)  Although the Fifteenth Amendment specifically guaranteed the right to vote for African Americans, what legal devices did southern states use to get around it? How and when were these devices removed? Explain.

28)  Describe the historical development of Supreme Court decisions regarding free press/fair trial, and obscenity, citing specific court cases. What are the main features of the Court's current posture in this area?

29)  Explain why the text concludes that an expansion of individual freedom may require an expansion of the scope of government.

30)  Explain how the freedoms of speech and press have been compromised in the name of public order and the right of a fair trial.

31)  Describe the Supreme Court decision in the Scott v. Sandford case and explain its significance. After the Civil War, what laws were passed to undo the Dred Scott case and provide greater rights for African Americans? Why did these prove insufficient? Explain. 

32)  What is the purpose of affirmative action programs? Analyze arguments for and against the use of affirmative action programs in both the public and private sectors.