LSTD301 MIDTERM

Paper instructions:
******QUESTION 1******
In your reading from week 2 you read, “The

Supreme Court in the American System of

Government”. On this webpage you read an excerpt by

Retired Chief Justice Charles Evans Hughes on the role

of the Supreme Court. Based on this and all of your

other readings thus far in this course, please answer the

following questions.

1. What is the role of the Supreme Court?

2. What is the meant by “Judicial Review”?

3. Explain the two theories of constitutional

interpretation, the “living constitution” and “originalist”.

Which theory do you believe is the correct theory to

follow?

Please remember to list your references at the end of

your submission in Bluebook format. Your answer

should contain a minimum of 350 words.

*******QUESTION 2*********

In week 3 of this course you were to read the case

of Morse v. Frederick, 551 U.S. 393 (2007). In your

own words, describe the facts of the case, the issue,

and the holding.

What specific section(s) of the Constitution were

involved in this case? Based on the language and intent

of the Constitution, do you agree with the ruling of this

case?

If you were a Justice on the Supreme Court at the

time of this case, would you be in the majority or the

dissent?

Please discuss fully.

Remember to list your references in Bluebook

format and that your answer should be at least 350

words.

*****QUESTION 3*******

This last essay question pertains to the 2nd

Amendment. Even though this Amendment continues to

be reviewed in cases before the Supreme Court, there

still seems to be little to no definitive decision by the

courts of what is specifically included in right the

Second Amendment protects.

Discuss fully the two main sides of this debate. What

are two perspectives as to what the 2nd Amendment

protects and what evidence/ arguments do those two

sides make to support their stance. What stance do

you find most convincing and why?

 

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