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Wednesday, January 07, 2004

Critical Thinking Activity

Are the following statements correct or incorrect? You must be able to defend or refute each statement based on information found in the textbook. You have approximately 20 minutes (five minutes per question) to answer these questions (self-timed). You may be asked to stand and present your findings to the class.

1. Civil rights are a clear standard that can be fully enforced at all times to protect minorities.
This most certainly has not always and still is not true. The civil rights of individuals are covered in a skeletal structure, but it is up to the courts to interpret specific cases. Before the Civil Rights Act of the 1960’s there was very little to ensure the protection of minority rights. Needless to say, the civil rights of people are a very touchy subject and there is no way to spell out every specific right.

2. All of the Bill of Rights apply to state officials.
Although I am not sure what this means I think it is a yes. The Bill of Rights applies to all citizens of the United States.

3. Flag burning and draft card burning are not afforded the same free speech protection under the law.
Draft card burning and flag burning are considered acts of sedition and under the Sedition Act of 1798 and the Smith Act of 1940 are punishable offenses. However, June 21, 89 Texas v Johnson the 1st Amendment does protect flag burning as an expressive act. It really depends on the expressive feelings of the courts.

4. The language of the First Amendment clearly requires the separation of church and state.
Not necessarily, the amendment states that the congress shall not pass any laws that prohibit or infringe on any religion. The amendment says nothing about separating the church from the government.

Monday, December 22, 2003

Answers to Questions:
Josh's Questions:
1. Was the federal law a form of religious persecution or a reasonable effort to regulate the health, safety, and morality of a community?

The federal law was an effort by people who were relatively ignorant of the subject of polygamy. The people however should be allowed to choose their own way of life instead of the government regulating the religious beliefs of a group. The unfortunate truth is that people fear what they do not understand and therefore act rashly towards the religious groups that do not follow the status quo. The practice of polygamy is perfectly normal in some cultures, they should not be judged based on the majority of society’s beliefs.

2. Does limiting religious behavior force people to conform to generally accepted views of what "appropriate religion" is?

Yes, because the restrictions on social behavior constrict the expression of religious beliefs. The belief in "appropriate religion" is inappropriate because it violates the first amendment’s guarantee of religious freedom. Unless the practices risk the lives of other human beings they should be left alone to do as they please.

3. Should people in the United States be required to adopt religious practices generally well-established in the United States?

No! The people of the United States should have pure and unadulterated freedom of religion. The beauty of the United States is the freedom to practice any religion, therefore the people of the country should not be required to conform to the will of the oppressive majority.

4. Are there times when the religious beliefs of people you know cause them to consider resisting the law or breaking the law?

This has never happened in the experiences of being a student at Montclair High School. The society tends to understand enough to prevent this. The one circumstance that comes to mind is the case of conscientious objectors, who refuse to fight. There are alternatives for them though, so there is no problem.

John's Questions:
1. Why would an advocate of States' rights want to have a narrow view, or strict construction, of the commerce power? Why would a national supremacy partisan want to have the Court make a broad construction of the Commerce Clause/Power?

The regulation of commerce gives great power to whoever controls it. Therefore a state’s rights activist would favor strict construction because that view would give the state the power to regulate commerce. On the other hand, an advocate of national supremacy would support a loose construction policy in order to gain the power to regulate commerce. The party who controls commerce also controls the creation of taxes and tariffs as well as the general flow of trade.

2. What are some other areas of federal commerce regulation that have their foundation in the Gibbons case?

This case pertains to commerce over the navigable waters of the United States. The concept can be interpreted to relate to other modes of trade, however the institution in control of the waterways in this era was the omnipotent god of trade.

Tuyen's Questions:
1. A body of cases in the 1960s and 1970s find the Supreme Court compelling State legislatures to bring aspects of State government “in line� with the Constitution. Do you generally agree with this “judicial activism�? Should federal courts interfere in the internal workings of State government?

The courts should indeed work together. The state legislatures should not make laws that contradict the constitutional ideals of the national government. At the same time, however, the national courts should only intercede if the state law a proverbial slap in the face directed at the nation’s foundation’s of legal fundamentals.

2. What did the Baker decision require the lower federal courts to do? How, in your view, does this action affect, or even distort, the natural working of the political process?

The decision dictated that all districts should have equal populations in order to guarantee the fairness of the voting process. This prevented the political system from exercising freedom in the ability to create districts with specific intentions in mind.

3. What remedy did Justice Frankfurter urge for the situation rather than the action the Court took? What are the strengths of his argument? What are its weakness?

Frankfurter urged reform actions based on the idea that the court decision would weaken the political institutions of the United States. He suggested that rules and guidelines would be an effective deterrent to reform the nation.

Melissa's Questions:
1. Both the Dred Scott case and the Civil Rights Cases contain a line of reasoning that defends property rights over individual rights. Compare the reasoning in the two cases by examining the central statement of the Court's decision. Why would this be called a "narrow construction" of the Constitution?

The Dred Scott decision concluded that slaves were property and therefore deserved no rights while the Civil Rights case carried the argument that property owners should be allowed the decide whether to segregate or not. These are both situations of strict construction because the courts examined the designated rights of property owners and did not expand to include any implied rights of slaves/African-Americans.

2. Compare the decision in Heart of Atlanta Hotel vs. U.S., 1964 with this decision. What difference of views is obvious in the two decisions? What historic change had occurred to bring about the Heart of Atlanta decision? Why would some people refer to Heart of Atlanta as a "broad construction" decision?

The Heart of Atlanta decision is a broad decision because the courts decided that the motel owner could not segregate because his establishment is used by interstate traffic which falls under the jurisdiction of the federal government. The federal government also does not segregate. Since there is no written part of the Constitution that provides for this decision it is a broad decision.

3. Supporters of the Civil Rights Act of 1875 hoped to remove the last "badges and incidents of slavery" from the South. Why would they think that the discrimination in these cases represented a "badge of incident" of slavery?

The activists who felt that the remaining laws were badges of slavery felt this because the laws were reminders of the fact that African Americans were slaves and were still controlled to some extent by these laws. They hoped to remove reminders of slavery in order to promote an equal and incorporated society.

4. Should private behavior be subject to government regulation? What rule or guideline would you write for such regulation? How would your rule have applied to actions of the Ku Klux Klan in 1885?

As long as people do not perform hateful acts against others then there is no excuse for government intervention. However when the actions of the KKK come into consideration the government should regulate some form of registration that would control the hostilities of hate groups. The involvement in these activities should warrant immediate incarceration.

5. Study the "Black Codes" enacted after the Civil Rights Cases decision of 1883. What forms of segregation began to be practiced in the United States?

The United States practiced segregation in educational institutions, dining establishments, restroom facilities, drinking fountains, etc. All of which stayed in effect until the civil rights movement in the 1960’s.

Jackie's Questions:
1. Should the motivation for discrimination make any difference before the Court? The Court found that Bob Jones University was truly a "religious" school, and that its policies were motivated by a sincere interpretation of the Bible. In light of that fact, what is your opinion of the Court's decision?

In all truth, discrimination is discrimination; there is no way around this fact. However, is the institution that is discriminating does not receive any form of government assistance, and then they should be left to do as they please. Allow the media and activist groups to force them into submission. After all, that is what they do best.

2. Members of the Court sometimes favor one side of a particular issue because the alternative would be worse. Had the Court decided for Bob Jones University in this case, what alternative precedent would it have set? What would have been the consequences of the precedent? Given your conclusions regarding the alternative, what is your view of the Bob Jones decision?

Considering the lesser of two evils is usually a good course of action. In the Bob Jones case the court did not wish to set a precedent of permitting discrimination. The court’s decisions are understandable and carry a large amount of reason. However the belief expressed in the previous question holds true.

Diana's Questions:
1. The Court has repeatedly held that the death penalty is not "cruel and unusual punishment" under the 8th amendment. Yet the legal canon also accepts the notion of "evolving standards of decency". Attempt to justify these two potentially contradictory ideas stating your agreement or disagreement with he courts ruling in this case.

The death penalty is a punishment that should be kept to discipline criminals. The idea of evolving standards means that the criminals will find even less painful ways to die. In a sense this makes the punishment more humane.

2. Consult an almanac to determine how many states include the death penalty among their criminal punishments. How many persons have been put to death in the most recent year for which you have statistics?

I have no almanac to consult but the state of Texas does lead the pack in executions.

3. How would you go about verifying any change in the racial bias claimed by Furman in his case? How could you find out if it is more likely for African Americans to be sentenced to death for murdering someone of their own race than for person of western European ancestry (that is, whites) who murder other whites?

The statistical data should be examined carefully for lurking variables and factors that cause a bias to appear to exist. If it is then proven that Furman’s theory is true then there must be severe legal reforms. Take into consideration the number of crimes for each group.

Jessica's Questions:
1.) Why do you think Justice Stevens took such careful note of the words “voluntary prayer�? Do you think Justice Stevens might have found the Alabama laws constitutional if those words were not included?
Justice Steven’s took heed of the word prayer and the use of it in the state laws because there is supposed to be a separation between church and state. If voluntary prayer were not included the laws would have been deemed more constitutional.

2.) What other areas of public life are affected by questions about a “wall of separation�? What is the appropriate relationship between government and religion?

The government should take no part in religion because it is not supposed to endorse any particular religion. By removing itself completely the government will not get involved in a dispute that claims favoritism exists among religions.

Gillianne's Questions:
1) What is the purpose of a writ of habeas corpus?

The purpose of the writ is to protect against illegal/unjust imprisonments.

2) Why should a U.S. citizen engaged in treason be guaranteed "due process"?

The United States guarantees that all accused people are innocent until proven guilty. Therefore, in order to ensure that a person is in fact guilty of treason s/he must be tried in a court of law.

3) Do you think the crisis of the Civil War required extraordinary measures to deal w/spies and traitors? Why or why not?

Yes, because the Civil War threatened the nation’s structural integrity. The severe measures taken against traitors would serve as a deterrent for future spies and traitors.

4) Do you think that drug smugglers caught by military forces of the U.S. should be tried and possibly sentenced to death in a military court? Why or why not?

No, because the smugglers, no matter how vile and hated they are, are not members of the military. They do not fall under military laws.

5) Had citizens of the Southern states surrendered their U.S. citizenship when they pledged allegiance to the Confederacy?

Yes, they could not hold dual citizenship; therefore they cannot be citizens once they pledge allegiance to the Confederacy. They expressed, through this action, their willingness to relinquish their citizenship to the United States.

Mario's Questions:
1. What did this decision mean to David Garcia and the other employees of SAMTA?

The decision meant a regulatory system for the wages of workers nationwide. This served as a means to end the exploitation of workers in the United States. The regulation of regular and overtime hours limited the total hours so a worker would not be worked for countless hours without substantial revenue.

2. Refer to a copy of the Constitution and read the 10th amendment. What do you think the “intent� of the 10th Amendment was when it was written? How was the 10th Amendment applied to this case? Do you agree with the decision?

The tenth amendment was intended to give the states power in areas that are not controlled by the national government. The agreement for the case should be held because an argument for the tenth amendment is not applicable to this case; national supremacy should be maintained.

Adriana's Question:
1. Why do you think Chief Justice Warren worked to achieve a unanimous decision regarding the Brown case? What difference would a dissenting vote have made?

A dissenting vote would have shown that there is a lack of uniformity of opinion in the courts. By fighting for a unanimous vote Warren was able to ensure that there was no doubt about the court’s stance in the Brown case.

2. What is the central point in Chief Justice Warren's majority opinion? Do you agree or disagree with the Court's analysis of the effect of legal segregation on children?

The central point is that the courts will not tolerate legal segregation of children. The court’s analysis is within an agreeable range. The belief that it is harmful to separate children based upon race is purely logical.

3. States were slow to equalize educational opportunities, even after obvious inequalities of facilities, finance, and staff had been brought to public attention. Do you think that the Brown decision was necessary to bring about an end to segregation? Why or why not?

The decision was necessary because it showed through the unanimous decision that segregation would no longer be tolerated at all in the United States. The decision served as a wake-up call to the country.

Gerry's Questions: (same as earlier questions, why?)
1. What is the purpose of the writ of Habeas Corpus?

2. Why should a U.S. citizen engaged in treason be guaranteed “due process�?

3. DO you think the crises of the Civil War required extraordinary measures to deal with spies and traitors? Why or why not?

4. Do you think that drug smugglers caught by military forces of the United States should be tried and possibly sentenced to death in a military court? Why or why not?

5. Had citizens of the Southern States surrendered their United States citizenship when they pledged allegiance to the Confederacy?

Elaine's Questions:
1. Do you think Thompson should have been executed? Why or why not?

Thompson was a minor and should not have faced the death penalty. Thompson should have been transferred to life imprisonment instead of execution. On the other hand, a terrible crime should be punished to the full extent of the law. Thompson was aware of the difference between right and wrong.

2. Some people argue that the death penalty at any age is "cruel and unusual punishment," and that it does not serve the needs of society. Others see it as being appropriate for both "retribution" and "deterrence." What is your opinion on the subject? Why?

The death penalty is in fact a good practice for retribution. It should be portrayed differently though, so it is a more effective deterrent. The penalty itself should remain in affect otherwise the prison population will skyrocket.

3. In a recent decision (Payne v. Tennessee, 1991), the Court ruled that in deciding whether or not to impose the death penalty, a jury can consider the particular impact of a murderer's crime on the victim's family. Assess this precedent.

The jury should consider the wishes of the victim’s family because they may feel worse after the death penalty is used.

Karla's Questions:
1. Was the place where the demonstration was held an appropriate place for a public meeting or rally? Why or why not?

A meeting or rally should be permitted anywhere as long as the participants do not invade private property or commit vandalism. Therefore the answer is yes.

2. Did the demonstrators interfere with the rights of other people?

They did not do anything that could not have been avoided therefore they did not interfere with the rights of others.

3. At what point, in your view, should police attempt to control a demonstration?

The police should become involved once a demonstration exceeds twenty people because there is a potential for severe disruption at that point. The police should merely control violent or illegal actions not disperse the crowd.

4. What are the implications of the Edwards case in regard to demonstrations by the following: a) Ku Klux Klan b) American Nazi Party c) immigrant farm workers d) Right to Life activists e) Anti-war demonstrators protesting U.S. involvement in a war in another country?

All of the above are permitted to demonstrate under the same consideration under this decision, but a peaceful group such as the farm workers is given more freedom to assemble than a hate group like the KKK.

Suong's Questions:
1) Why do critics use the term "Big Brother" to argue against the majority opinion? (from: "...Americans will no longer feel secure against the prying eye of Big Brother..." What image of governmental control do they try to evoke by the term?

Critics use the term “Big Brother” to argue against majority opinion because it gives the impression that the proverbial older sibling is poised and ready to strike if the younger sibling disagrees. The term portrays the government as a threatening figure.

2) Do you agree or disagree with Justice White's observation about the easy access of the general public to garbage placed out on the street for collection? Where does your family lose "control" of its garbage?

The easy access to garbage is a concern because incriminating evidence may be placed in there. A person does not become absolved of responsibility for his or her garbage until it is placed in the garbage truck.

3) Is it apporopriate or inappropriate for public employees such as electric meter readers or mail carriers to gather information for law enforcement agencies? What rule would you create for the use of public employees as arms of the police?

The public employees should not be used in this way because the police are supposed to acquire warrants when they have a suspicion of an individual. The use of public employees to gather information is a sneaky and underhanded practice.

Alma's Questions:
1. Sexual innuendo-hints, suggestiveness- is commonly found in television and print sources. How is that situation different from seeing innuendo or vulgarity at a school assembly? What role do shools play in the development of "mature, civilized behavior"?

Schools are supposed to teach students how to properly behave in society and are government institutions. The media and other organizations are not expected to teach the nation’s youth these ideals. Therefore vulgarity in a school function is uncalled for.

2. What limits do you think are reasonable to put on the speech of students at school? Should the "common speech" of students be subject to the authority of the school in the classroom? In the halls? On the campus? At a football game?
All of the above are locations in which the school should regulate speech. The school should promote a friendly environment where students can feel comfortable.


Teresita's Questions:
Questions for Discussion:
1. Can you change a society’s attitudes with a Court decision? Are there other controversial decisions of the Court since 1932 that stirred great controversy? Have those decisions changed society’s attitudes? How, and how much, for better or, in some cases, for worse? Why?

As a rule, a flashy court decision will cause people to think about the circumstances of a situation, but their overall opinion is not affected. For example, the civil rights decisions in the 1960’s forced people to comply, but racism is still prevalent in this society.

2. Many political leaders argue that legislatures, and not the courts, should change the operation of the courts, prisons, or public schools. What are some arguments for that position? What are some arguments against a hands-off policy regarding the courts? What are the dangers inherent in such a policy?

The legislative body is viewed as more representative of the people. However the courts are able to reach decisions easier because they are not influenced by political interests. A hands-off policy could doom the United States by making it almost impossible to come to sane conclusions to public issues. All in all the courts are much more effective in this position than a legislator would be.

Carlos' Questions:
1) Reread the decision. Examine the quoted material. Consider the logic of the court in determining that "separation" was not a violation of the 14th amendment. Can you find any logical flaw? Is there any practical flaw?

The logical flaw that exists is the fact that separation denies specific rights that are suppose to be guaranteed under the fourteenth amendment. The nation should have recognized this from the start. Separation prevents people from sharing in specific practices, so how can it be allowed?

2) The court was aware that its decision would legalize segregation/separation, but apparently felt that the question of social differences in the south was not a national problem, but rather for that area to solve. How does this illustrate a laissez-faire attitude on the part of the court?

The court decided that they should sit back and let the states determine their own racial policies. This demonstrates laissez-faire because the laissez-faire practice allowed businesses to run themselves without intervention by the government.

Keila's Questions:
1. What plan did the court create to measure the constitutionality of local obscenity laws? Explain what the miller test means.

The test developed was used to measure how offended people were by material. The offense of people as a whole would determine whether material was offensive or not. The miller test means that the courts examine Henry Miller’s case and compare his circumstances with others to make a decision.

2. How would you describe the difference between free political expression and the form of free expression? How did Justice Burger clarify the difference?

Free political expression pertains to political campaigning while free expression affects the general public. Justice Burger explained the circumstances that affected each situation and drew conclusions as to what determines the difference between the two.

3. Why would critics of the decision cry “repression" over the miller ruling? How would the 1st Amendment absolutist view the decision?

The critics of the decision would believe that obscene material had been unleashed upon the world while a 1st amendment absolutist would cheer his or her approval of the decision.

Abigail's Questions:
1. Examine the arguments for a right of privacy. Do you agree or disagree with that assessment? Why do you agree or disagree with an implied constitutional right of privacy?

The people of this country are entitled to some privacy; they should not feel as though they are being watched at all times. The constitution does imply a right to privacy.

2. In what other areas of community life do we regulate private behavior to protect the "health, safety, welfare and morals" of the community? What would your rule be for dealing with these questions of State interest versus private right? What are the reasons for your position?

The sale of adult material, attending an adult, or counseling type situation. The rights to privacy should be maintained in order to allow people to feel as though they have security in their lives.

Gabriela's Questions:
1. How did the decision contribute to a growing split between "States' rights" and "national supremacy" factions in America?

The decision caused unrest in the factions because they viewed the national power to be growing too high. The decision sparked the all out war between the two factions. Federal institutions gained new support and protection.

2. How do you determine when a federal activity is "necessary and proper" if it is not a "delegated power?"

If the activity directly affects the efficiency or effectiveness of the government body it should be deemed necessary and proper. If there is any application for an activity it is useful and necessary.

Belinda's Questions:
1. What feelings might a person have when under arrest? How would this affect the ability to think carefully? Does that justify making the Miranda Warning mandatory?

A person might be angry or apprehensive; both situations cause a person to say things without thinking. The Miranda warning is justified because it re-alerts people of their rights.

2. At what point in criminal investigations do you think a person under arrest has the right to counsel?

As soon as the person is mentioned as a possible suspect s/he should have the right to a lawyer. The person should be protected from the start in order to prevent any confusion.

3. What are the four major elements of the "Miranda Warning"? Briefly explain each part of the Warning.

“You have the right to remain silent anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford one, one will be appointed for you. Do you understand the rights that have been read to you?

4. Argue both sides of the statement, "Guilty people under arrest should confess and get it over with!" When is a person actually "guilty" under our legal system?

A person in this society is innocent until proven guilty. Therefore even if they confess they are still entitled to due process. On the other hand a confession shortens the court process and therefore saves money.

Tuesday, December 09, 2003

Roth v. United States is a case decided in the late '50s (1957 to exact) by the Supreme court of the United States. Samuel Roth because he mailed obscene materials had charges raised against him. On appeal his conviction was upheld by the Supreme Court, which stated that obscenity was not protected by the First Amendment of the U.S. Constitution. The court ruled that material is obscene if, the average person applying community standards, the dominant overall theme appeals to the groups that are against obscenity. "In later decisions in 1973 and 1974 the Court held that community standards need not be national; a state can establish its own standards if it defines them explicitly." (Encyclopedia.com)

It is important to note that this decision was over pornography, not obscene materials, which have no First Amendment protection. "United States common law distinguishes between offensive speech, indecent speech and obscene speech" (Akdeniz 1996). Indecent Speech has first amendment protection, but can be limited with a compelling government interest (as in the case of minors). However, Obscene speech has no first amendment protections. This was confirmed in the 1957 case of Roth v. United States, which reaffirmed the previous belief that obscenity laws have no implication on the first amendment (Akdeniz 1996). However, any ideas with redeeming social importance or literary merit could not be labeled as obscene.

Obviously, that obscene material is not protected by the First Amendment has been less of an issue than deciding what is obscene. Prior to 1957, the Hicklin Test was the most important standard for determining whether material was obscene or not. This test was laid out by British judge Chief Justice Cockburn in the 1868 case of R v. Hicklin. By this standard, material was obscene if it tended to corrupt those who might access the material. "The definition of obscenity was largely confused until the Supreme Court laid out a new standard in the 1973 case Miller v. California" (Encarta 1998). The test has three parts and all three parts must be satisfied. The parts are laid out by Akdeniz as follows( Akdeniz 1996):
1. the average person using contemporary moral standards finds the work as a whole appeals to the prurient interest
2. the work depicts or describes in an offensive sexual conduct specifically defined by state law.
3. the work lacks, on a whole, serious literary artistic political or scientific value.

This test of obscenity has not gone unchallenged, especially since in two parts of the test, the use community standards and state law, vary widely over jurisdictions across the U.S. "System operators of Internet providers must be especially aware of the more than 50 jurisdictions in the US and their laws, especially since the case of US v. Thomas where a couple operating a BBS in California were convicted in a Tennessee court using the community standards of Memphis, which are stricter than those in California" (Funk&Wagnells 1982).

Roth v. U.S. Audio
Writ of Certiorari

Roth V. United States 1957:
1. How would you define Obscenity? Are tests for obscenity best applied according to a local or national standard?
Society and the status quo would define obscenity as any topic or material that can be viewed by the majority of people as offensive. The tests for obscenity however, should be applied locally because the various regions that make up this country hold different views on the topic of obscenity. The national government should also watch how tightly it exercises power so it does not upset the tranquility of the people.

2. Is there greater evidence today that viewing obscene materials leads to criminal actions than there was in 1957? What evidence can you offer to support your contention?
Today’s society certainly has more ways of accessing obscene material due to the internet, but statistics can be manipulated all day and night to “show” that the influence of obscene materials is more evident today. A properly designed experiment or survey can use its bias to pass off false opinions on a topic. In the end it comes down to a person’s own psychological corruptions. A person who is influenced by obscenity is bound to be influenced at some point. It is up to the parents and children of this society to check their own behavior. Everyone knows the will of the status quo, as well as the orthodox beliefs of this society, start living by them.
Influence of Obscenity

3. Some women’s groups have focused on “hard-core pornography,” especially that which combines or equates sex with violence, as a contributing factor to violence against women. Other people view the publishing, selling, and viewing of obscene materials as a so-called victimless crime. In your opinion, which is the correct view?
Neither of these views is the correct one. There is no such thing as a victimless crime; someone is affected by the actions that are taken even if it is the person partaking in it. Like Newton said, “For every action there is an equal but opposite reaction.” However people should possess enough common sense to know that pornography is in no way comparable to actual sexual behavior. Give it a break people! It is the perverts of this society who warp the cultural views on normal behavior into some outlandish fantasy world, but it is the idiots who spoil it for them by “believing” that it is reality. For the most part this excuse is a cop out that has been used so many times that it is a cliché. Think about it, if the people who committed murders because of The Matrix were told that their excuse was simply a ploy to get away with murder without going to prison, then why is it any different for sex offenders? Just beat the twisted perverts silly and be done with it! If we as a society crack down and toughen up the punishments for these crimes we may be able to appeal to a person’s sense of self-preservation and prevent these crimes. Any way, it is definitely not the adult industries fault that people are warped and perverted!
Is Pornography Protected?
Free Speech on Obscene behavior
Oscenity Study

Tuesday, December 02, 2003

Marbury V. Madison

Questions for Discussion

1. Did John Marshall go beyond the Constitution when he applied the concept of
“judicial review” in Marbury?
Yes he did because the Constitution did not spell out the practice of judicial review to him. The constitution gives the supreme court the power to review laws not congressional decisions. This act expanded the power of the courts greatly.

2. Is “judicial review” a logical power for the Supreme Court?
Yes, because the practice of judicial review allows the courts to eliminate pointless or stupid laws.

3. Would members of the Court, so soon after the writing of the Constitution, be
more likely to have some idea of “the intent of the Framers” than members of
the Court have today?
Yes because they would be able to confer with the framers, plus they would understand the practices of the era.

4. Do you think the decision satisfied Marbury? Do you think the decision
satisfied Jefferson and Madison?
Marbury would have been pleased because he got his way. Jefferson and Madison on the other hand would be unhappy because the supreme court increased its power greatly.

5. What was the principal effect of the decision on the operation of the national
judiciary?
The principal effect is the increase in power because the courts became more prominent governmental bodies.

6. At what other times in national history did the Court and the President find
themselves on opposite sides of questions about national powers? (Examples:
1857, Dred Scott v. Sanford; 1866, Ex parte Milligan; 1930s, New Deal
Programs; 1952, Youngstown Sheet and Tube v. U.S.; 1974, United States v.
Nixon.)
??????????????????what others are there????????????? Is Reagan one of the answers?

Wednesday, November 19, 2003

The Return of Presidential Mini FRQs: Final Chapter in the War of the FRQs

9. Describe what occurs during the presidential nominating season.
During the presidential nominating period the presidential candidate raise funds for their campaigns and express their views in order to rally the support they need to win the primaries so they can run for president. The candidates either win the support of the people or they lose it all together and are "never heard from again."

10. Expalin how the Executive Office of the President is organized.
The executive offic of the president is organized into sections that are headed by the cabinet positions. The presidential public relations and White House staff arrange the day to day operations for the President and create and advise his speeches.

11. Discuss the three main criticisms of the executive branch, and identify the three solutions that have been proposed to deal with executive branch problems.
??? Mr. Naron I am not sure what the answer to this is???

Tuesday, November 18, 2003

Monday, November 17, 2003 Presidential mini FRQ Supplemental:

What role has Al Sharpton's candidacy played in the primary campaign so far? Who is his support base? Aside from winning, what might he accomplish?

Mr. Naron I know it's sad to say but I have no clue how to approach this section!!!!! I could answer the question better if you would explain exactly who Al Sharpton's support base is. Here is the information I know:
POLITICAL: Candidate for State Senate, 1978; Candidate for US Senate, 1992 & 1994; Candidate for New York City Mayor, 1997.

PROFESSIONAL: Licensed and ordained a Minister at age 10 by Bishop F.D. Washington in 1964; appointed Junior Pastor of the Washington Temple congregation. Founder & President, National Action Network, 1991-present. Founder, National Youth Movement, 1971. Road Manager for singer James Brown, 1973-80.

EDUCATION: Attended Brooklyn College, 1973-75.

PERSONAL: Born October 3, 1954 in Brooklyn, New York. Married to singer Kathy Jordan. Two children. Pentecostal.

SHARPTON IS ENDORSED BY:

Black Enterprise magazine
Ex-Rainbow Coalition Chair Ralph McKnight (D-CA)
Newark Mayor Sharpe James (D-NJ) Ex-Bronx Dem. Chair Roberto Ramirez (D-NY)
Congressman Jose Serrano (D-NY)
Congressman Ed Towns (D-NY)
The controversial Rev. Al Sharpton is going to stand out as one of the more flamboyant 2004 candidates. While he stands no real chance of winning the nomination, look for him to grab attention with his publicity-seeking tactics. An avowed liberal, Sharpton despises the centrist wing of the party that -- he believes -- has undermined its traditional support for the poor and minorities. "I am running to take out the DLC, which I call the Democratic Leisure Class, because that's who it serves -- the leisure class and the wealthy," he explained.

Thursday, November 13, 2003

Presidential Mini FRQ: Supplemental

Discuss the candidacy of Howard Dean. Why has he been so successful? Will his success in his party translate to national success. How do you see big states like California, Florida and New York responding to him in a national race? What are the key variables in those states?
Howard Dean is successful in his party because he has already been exposed to political pressures. He share many liberal views and "hates" Bush just like the other Democrats. The national publicity of Bush however will prevent Dean from gaining a strong foothold. California, Florida, and New York are considered safe Democratic states but I believe they will still support Bush overall.

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