In a 1-2 page (double spaced) paper, write a Supreme Court decision based on the arguments presented to you in the interactive court case located on the Tutorial tab in Week 4. The assignment, after you watch the case proceedings in the tutorial, is to write a decision in the case. Review the lecture about the Supreme Court and how it writes a decision. Use prior cases to explain why you decide the way that you do. Once you write your decision, which will include a paragraph-long evaluation of all the arguments in the case, submit this to the Dropbox as your Week 4 critical response paper. I recommend that you take notes as you watch the arguments in the case. What decision would you make as the Chief Justice? Be sure you incorporate good legal reasoning in your written decision – your decision will affect court decisions for years to come!
The primary purpose of this assignment is for you to respond to the questions. You must use five secondary sources (properly cited).
On January 24, 2002, the Olympic torch relay was to run in front of a High School in Juneau, Alaska. School was dismissed early that day so that students could watch the relay pass in front of the school. One student, whose last name is Frederick, arrived late that day just in time to watch the Olympic torch pass in front of the school. He brought with him a very large banner that he displayed as the torch passed in front of the school. The banner read “BONG HITS 4 JESUS.” (Frederick claimed that he saw this on a sticker once and thought it was funny.) Frederick was immediately suspended from school by the principal, Mrs. Morse, for violating the school’s drug policy. Frederick then filed a lawsuit claiming that his freedom of speech was violated. This case has now been appealed all the way to the Supreme Court, and the court needs to decide if the school’s rights or the rights of the student should be protected by the law. Should Frederick have been suspended? When does a school have the right to limit freedom of speech? You are now the judge! Listen to actual oral arguments before the Supreme Court, and ask questions along with the Justices. The assignment, after you watch the case proceedings, is to write a decision in the case. Review the lecture about the Supreme Court and how it writes a decision. Use prior cases to explain why you decide the way that you do. Once you write your decision, which will include a paragraph-long evaluation of all the arguments in the case, submit this to the dropbox as your week 4 critical response paper. I recommend that you take notes as you watch the arguments in the case.
How will YOU rule in this case?
A Supreme Court Dialogue
Join the other eight Supreme Court Justices as you weigh in on the arguments by the Amicus Curiae and the lawyers representing Petitioners and Respondents.
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THERE ARE QUESTIONS TO BE ANSWER AS WELL.
-The lecture this week suggests that the Supreme Court is the least democratic branch of government, and yet it serves an important function in our democracy. What are the advantages and disadvantages of having a branch of government that is not democratically elected? Would you change the way the court is appointed?
We have discussed two of the three branches of the US Government. Specifically, we have discussed the Executive and the Legislative Branches of Government.
The third branch is the Judiciary. The highest court of the Judiciary is the US Supreme Court. How has the Supreme Court developed? How does it serve its role of checks and balances?
Take a look at the Bill of Rights, the first 10 amendments to the Constitution. The First Amendment guarantees us the right of free speech, the Second Amendment entitles us to the right to keep and bear arms, the Fourth Amendment protects us from excessive behavior by the police, and the Fifth Amendment protects us from self incrimination. These amendments protect us from bad government, but how does government protect us while still respecting our civil liberties?
ow does a court make a decision? What are their decisions based on? Is it a whim, an impulse, a preference, or a desire? Are the courts catering to the voters?
Or are the courts going through a different decision making process?
Why would a court overturn the expressed will of a president or the legislature?
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