You be the Justice

 

I recently gave a test to the students in my Supreme Court class to see if they really understood the concepts we've been talking about for the last five weeks. Much of the test was made up of hypothetical cases. I'm overall pretty impressed, but I have a couple of things to re-teach and explain after grading these. I'm including a copy of the exam below. You don't have to take it, but read through it and see if you can guess where the problems might have been. What interesting discussions do you think it started? Which cases are of the most interest to you?

I left off the last section which required them to analyze the No. 99-699. the Boy Scouts of America versus Dale case decision.

 

Supreme Court

Standards Assessment

Part 1: Judicial Activism

In each of the following scenarios argue whether the SCotUS decision would be an example of judicial activism or judicial restraint and why.

1. Congress passes a law stating that states must raise the legal drinking age to at least 25 or they will not receive federal funds for highways or education. The SCotUS upholds the legislation.
   

 

1. The people of Kansas vote to ban all sale of alcoholic beverages in their state. The Supreme Court allows the law to stand.
   

   
    

   1. Louisiana and Nevada both vote to lower the drinking age in their states to 13. The SCotUS overturns the laws.
      

      
       

   2. Minnesota passes a law saying that only graduates of Minnesota highschools may vote in elections. The SCotUS overturns the law.
      
      
   3. The people of Utah, in a statewide referendum, vote to allow polygamy in their state. The law is overturned by the SCotUS.
      

   
    

   Part 2: You be the judge
   

   For each of the following sets of facts: A: State the Constitutional Question
   

                    B: Predict how a court made up of constructionists would rule.
   

   1. The state of Kansas bans the publication of editorials or letters to the editor discussing political candidates within fourteen days of the election.
      

      
       

   2. D. Harvey a 19 year old African American male is suspected of committing a murder. He is found not guilty by a jury. Three weeks later an eyewitness comes forward and identifies Harvey as the killer. Harvey is re-arrested and a tried again. This time he is convicted and sentenced to life in prison.
      

      
       

   3. The police are called and find T. Cobb standing over his wife who has been shot. The wife survives, but is in a coma. Cobb is arrested and tried for attempted murder, and found not guilty because there's nothing linking him to the gun (which can't be found). Six months later Cobb has the plug pulled and in an unrelated event the police find the murder weapon which can be connected to him. Cobb is re-arrested, put on trial for murder, and convicted.
      

      
       

   4. E. Hammond is detained on suspicion of aiding terrorists. Under interrogation she admits to planning terrorist attacks on US soil. She is kept in a secret prison with no contact with the outside word. She is never put on trial and is never released.
      

      
       

   5. Student editors of a school newspaper write a profanity laden rant calling for the firing of the principal of their school and the entire teaching staff in response to a new school wide grading policy. The Principal refuses to allow the publication of the editorial.
      

      
       

   6. Student editors of a school newspaper write a profanity laden rant calling for the firing of the principal of their school and the entire teaching staff in response to a new school wide grading policy. The Principal refuses to allow the publication of the editorial. The article was intended for publication in the April First Joke Issue.