Instruction
1. At the time that the Philadelphia Convention of 1787 was called, what was the situation with the governance of the 13 newly independent American states, and what did some Americans feel was the problem with that? For what reason were many Americans reluctant to accept the new Constitution? What were their fears, and why did some consider the system they already had to be preferable?
2. When the framers of the Constitution were designing the two chambers of Congress, what special qualities did they make sure the Senate would have, in contrast with the House, and for what purpose? Your answer should include the structural aspects of the Senate that were different from the House (including one provision that is no longer in effect, and also the special functions of the Senate in relation to the president that the House did not share.
3. From the New Deal onward, Congress has passed laws establishing federal labor standards for privately owned businesses, including wages, hours, working conditions, and nondiscrimination. To do so, Congress utilized a particular clause in the Constitution to justify that power, and the Supreme Court since 1937 has allowed such use of that clause where it had previously not allowed it. Explain what clause this question refers to, how Congress used that clause to give itself the power (spell it out clearly), and why some, including the earlier Supreme Court, would consider such use of that clause illegitimate.
4. From time to time the Supreme Court hears a case in which it must decide whether to allow or prohibit a display on public property (that is, property owned by some level of government) involving a cross, a nativity scene, or some other religious symbol. Sometimes the Court allows that symbol to stay; other times the Court rules that it has to go. On what constitutional basis is the challenge to such a display likely to be brought, and what reasoning, as defined by existing case law precedent, is the Court likely to use to decide whether to allow or prohibit the symbol to stay on public property?
5. If a radical is making speeches calling the US government illegitimate and saying that it should be overthrown, and if authorities bring charges against this speaker and the case ends up in federal court, what rule from prevailing case law is likely to be applied in such a case, to determine whether this individual’s First Amendment rights have been violated?
6. In the 1960s, the Supreme Court of Chief Justice Earl Warren issued a number of rulings involving the rights of accused persons that infuriated conservatives. What were a couple of those key rulings (mentioning them just by description is fine), and why were conservatives furious? What ruling did the Court issue in the 1980s to address the concerns of those critics?
7. With attention to the specific historic circumstances in this country, as well as to the constitutional issues, why is there a close connection between African American civil rights and federalism, and where does the Fourteenth Amendment fit in with this close connection?