Southern Utah University

POLS 3510 – Constitutional Law

Midterm Essay Assignment

Fall 2008

Write a short essay answer (approximately 100 to 300 words) for each question below.  Be sure to properly describe the legal or constitutional theory or issue involved.  You should also properly cite the appropriate material from your text, including cases, which apply. You may also use outside sources including academic publications, law text, and valid electronic resources (note: a valid electronic source does not generally include self-edited websites such as Wikipedia.  The source should be associated with the study of the constitution.)

 

1.      Define the term constitution and explain what is meant by Constitutional Paradigm.

 

2.      Given the continuing concern over divided party government and the resulting “gridlock” in Washington, does the Madisonian system of separation of powers still make sense, or would a parliamentary model be more successful in the United States?  Defend your answer.

 

3.      Your text states, “A court may only exercise its judicial power under Habeas Corpus after a petition for such writ is filed by or on behalf of a person in custody.”  Recently detainees have been held at federal facilities without being charged with a crime.  The allegation has been that security and terrorism issues prevent the government from revealing any potential criminal charge.  You are a federal judge with jurisdiction over this facility.  Should you act using the power of Habeas Corpus to protect the rights of the detained individuals even though no specific action has been brought?  (Note: the individual in question is a foreign citizen and has no known relatives in the United States).  Why or why not?

 

4.      Under the doctrine of implied powers, is there any field in which Congress may not legislate?  Why or why not?

 

5.      How did the early Colonial and English charters impact the development of the modern constitution?

 

6.      Why did the framers of the constitution leave the question of lesser federal courts to Congress? 

 

7.      Considering the way America is changing (shifting population, diverse cultural issues, etc.) does the system of electing a president make rational sense?  Why or why not?

 

8.      Using a Strict Scrutiny method determine whether the current Supreme Court would be likely to uphold or invalidate a “relocation” of a particular ethnic group in circumstances similar to those presented by Korematsu v. U.S.?

 

9.      Recently a Christian fundamentalist church in southern Utah has purchased land with the intent to build a new church sponsored law school.  There is currently no law school serving southern Utah.  A local town near the site has elected to give tax sponsored support to the establishment of the school.  The town council has claimed that the tax funds are part of a “rational basis” for enhancing education in the community.  You are the attorney for the town which has been sued in federal court by the “Americans Against State Sponsored Religion,” a well known national group promoting the “separation of church and state.”  What constitutional argument would you make to support the actions of the town?

 

10.  A group on campus has begun wearing t-shirts with the picture of a partially clad male.  The picture shows the person from behind and the seat of his pants is ripped so that one can see the bare nude form.  A caption below the photograph reads, “The End of the Story.”  If this public display of the nude male form protected by the constitution?  Why or why not?

 

11.  If you were president of the United States and had the opportunity to appoint a justice to the Supreme Court, what qualities would you look for in a nominee?  Would your nominee be likely to face opposition in the Senate?

 

12.  How would the American political system be different if the power of judicial review were removed from the federal courts? Would the system be more or less democratic?

 

13.  How can contemporary judges discern the intentions of the Framers of our 18th-century Constitution?  How important is it that judges be able to discern the intentions of the Framers?

 

14.  Explain Clear and Present Danger.

 

15.  Explain Rights of Assembly and Petition