GOVT 2302 Exam 1Take Home Essay
Dr. Garrison

 

Fall 2009

(50 points)
(sheatx2e/fall9)
revised 9-22-09
 

Please type your essay per Writing & Documenting & Experiential Tasks Explained. Bring your completed essay to the exam. You will need the Mini Essay /Scantron booklet and a number 2 pencil for the multiple-choice questions and bonus points in class. Professor Charles King's essay "Battling the Six Evil Geniuses of Essay Writing," PS Online, March 1998 available at the Ereserves is recommended reading for essay writers.  
     Answer the question completely writing at least three pages using legitimate scholarly and journalistic references. Do not cite the professor.
Please document  your essay with internal citation and a reference list. Please submit your writing to Turnitin for analysis. Revise your writing if needed before submitting your paper to the professor on exam day.
 

THE QUESTION:
Choose one:

a.  Explain the idea of due process of law and its evolution.  Explain the relationship of due process to the Bill of Rights and illustrate these ideas with major Supreme Court cases and issues.


OR

b.  "We are under a Constitution, but the Constitution is what the judges say it is." -- Chief Justice Charles Evans Hughes. 
Comment astutely.
Include the notions of  judicial temperament, judicial restraint and judicial activism, the role of ideology and politics, and the various modes of constitutional interpretation. Illustrate your points with specific Supreme Court cases and current issues.

Some suggested references:
Adam Liptak, "
U.S. Court, Long a Beacon, Guides Fewer Nations," New York Times, September 18, 2008
http://www.nytimes.com/2008/09/18/us/18legal.html
David Von Drehle, "The incredible shrinking court," Time, October 11, 2007.
Jeffrey Rosen, "The dissenter," New York Times Magazine, September 23, 2007.
Jeffrey Rosen, "Robert's Rules," Atlantic Monthly, January/February 2007.
Judicial temperament
Michiko Kakutani, "Power lineup, swings from the right," New York Times, September 21, 2007.
Linda Greenhouse, "Supreme Court memo: Clues to the new dynamic on the Supreme Court," New York Times, July 3, 2007.
Adam Liptak, "Nuance and resolve in rulings by Attorney General nominee," New York Times, September 23, 2007.
Michael Dorf, "The Supreme Court and the butterfly effect," Findlaw.com, September 25, 2007.
Jon Meachum, "A nation of Christians is not a Christian nation," New York Times, October 7, 2007.


OR

c.  Fully explain the role of the state and federal courts and the 14th Amendment notion of equal protection of the law as revealed in the Texas case Plyler v. Doe (1982).

Barbara Belejack, "A Lesson in Equal Protection," Texas Observer, July 13, 2007 EReserves
& Plyler v. Doe (1982) at Oyez,
Katherine Leal Unmuth, "Tyler case opened schools to illegal migrants," Dallas Morning News, June 11, 2007 & Video 
EReserves

OR
 

d.  Write an essay about the U. S. Supreme Court, the Texas legal system and the death penalty. Include the most recent issues regarding the death penalty.  NOT AVAILABLE IF USED AS TASK 1.
 "Habeas Corpus: Writs Gone Wrong," Austin American-Statesman
"Death No More: The Texas Death Penalty,"
Dallas Morning News

The Bonus Opportunity on the In Class Exam:
Write one to five facts you learned for the exam but were not asked in the multiple choice and the facts did not belong in your essay. Each fact is worth two points.  For example: The President is the commander in chief of all the armed forces of the U.S.