First Amendment



Dr. Murray

AP U. S. History, 2008-09

Constitution Project

Option A: Debate at the 1787 Constitutional Convention

Write a 7-8 page research paper in which you do the following:

Analyze the debate in the 1787 Constitutional Convention over a specific constitutional provision, and how it was resolved. That is, 1) discuss the arguments, pro and con, in the Convention; 2) examine the alternative proposals on the issue, if any, that were put forward; 3) analyze the way the issue was resolved either in the Convention, or later as a result of ratification debates at the state level.

Here are the constitutional provisions that you may investigate: the three-fifths compromise on slavery and southern representation; whether or not to have a bill of rights; creation of the Electoral College; the power to declare war; the power to tax; the treaty making power; term limitations for either the President or Congress; provisions relating to the slave trade; specific limitations on the powers of the states.

The necessary steps:

1) Go to one of the secondary sources listed below and become acquainted with the terms of the debate on the provision that you have selected.

2) Read the relevant section of James Madison’s 1787 account of the debate, Notes of Debates in the Federal Convention of 1787, and/or the relevant section of another primary source (such as The Debate on the Constitution).

3) Write an analysis of a) the arguments, pro and con, presented at the Convention and/or in the ratification debates, b) any alternative proposals, and c) how the issue was resolved. Base your analysis on at least one primary source and at least two secondary sources. TWO of the secondary sources must be appropriate PRINT sources (i.e., a print source other than a textbook or an encyclopedia). Please note: print and online encyclopedias are regarded as lightweight in the academic world; do NOT rely on them. Also, Wikipedia is considered both lightweight and potentially unreliable (due to the way in which it is written and updated); it has NO place in a research paper of this sort.

4) Your paper must have citations and a "Works Cited" page. For guidelines on what to cite, please see your plagiarism handout. Citations, as well as items in your list of "works cited," must follow the format outlined in The Pingry Manual of Style. Failure to follow the proper format will cost you points! (And what a dumb way to lose points….) By the way, the library has software that will automatically put the information in the proper format. Of course, you need to get the accurate information in the first place.

5) Before printing your paper, do a word count. The word count should not exceed 2400 words. Your word count, together with the Honor Pledge, should go on your cover sheet.

Option B: Controversies regarding the Bill of Rights

Write a 7-8 page research paper in which you address one of the following questions related to the Bill of Rights:

To what extent does the Supreme Court ban prayer in public schools? What arguments has it made to support its position on various forms of religious expression in public schools? What criticisms have been made of the Supreme Court’s positions? Which side do you think is correct, and why?

Bill of Rights questions--continued

“Libel” is false and malicious information published about an individual. What counts as libel, according to the Supreme Court? How has the Court applied these standards?

Does the first amendment ever permit the banning of pornographic or obscene material? What standards has the Supreme Court developed? What criticisms have been made of the Supreme Court’s positions? Who’s right?

What limits has the Supreme Court authorized on political speech or expression? Looking at one specific example (such as a Nazi march through a Jewish neighborhood, or the public burning of an American flag). Discuss the arguments made by the critics of the Supreme Court.

While the Second Amendment may appear clear, interpretation of the amendment has been controversial. What are the major schools of thought on the Second Amendment? Does the Second Amendment grant individuals the right, as individuals, to own and carry weapons? How has the Heller case (2008) changed the constitutional landscape on this issue?

One controversial issue in interpreting of the Fourth Amendment is how courts should handle evidence seized in illegal searches. What position has the Supreme Court taken on this issue? What arguments do those who disagree use? Which side do you support, and why?

In 1972 the Supreme Court ruled that the death penalty in the United States was unconstitutional, and in 1976, it ruled that the death penalty was constitutional (the position that it still holds today). How did it come to make these two decisions? What was the Court’s logic, and what criticisms have been made of the Court’s current position?

The necessary steps:

1) You should start your research by reviewing one of the secondary sources that are listed on the attached "Sources" list. You should thoroughly understand the relevant issues before moving on to the actual cases.

2) Once you have acquired sufficient knowledge, you should then turn to the Supreme Court cases that apply to your topic. You should examine at least TWO cases. These should be cases that are identified as "landmark" cases by your secondary sources.

3) At least TWO of your sources must be an appropriate PRINT source (i.e., a print source other than a textbook or an encyclopedia). In other words, you should NOT rely entirely on electronic sources such as Findlaw or Oyez. Please note: print and online encyclopedias are regarded as lightweight in the academic world; do NOT rely on them. Also, Wikipedia is considered both lightweight and potentially unreliable (due to the way in which it is written and updated); it has NO place in a research paper of this sort.

4) Your paper must have parenthetical (MLA) citations and a "Works Cited" page. For guidelines on what to cite, please see your plagiarism handout. Citations, as well as items in your list of "works cited," must follow the format outlined in The Pingry Manual of Style. Failure to follow the proper format will cost you points! (And what a dumb way to lose points….) By the way, the library has software that will automatically put the information in the proper format. Of course, you need to get the accurate information in the first place.

5) Before printing your paper, do a word count. The word count should not exceed 2200 words. Your word count, together with the Honor Pledge, should go on your cover sheet.

Due Date: Tuesday, November 18th, 2008

Point Value: 125 points

Suggested Resources for the Bill of Rights Paper,

2008-09

Many of the books listed below will be on reserve or in the reference section in the Pingry Library. These and others should be available at local public libraries or university libraries. Please note: this is not an exhaustive list of sources! Check the Reference Section of the Pingry Library for additional sources.

Option A Print Sources:

The Constitution of the United States

The Federalist

The Debate on the Constitution; Federalist and Antifederalist Speeches, Articles and Letters During the Struggle over Ratification (vol. 1&2)

James Madison, Notes of Debates in the Federal Convention of 1787

Catherine Drinker Bowen, Miracle at Philadelphia; the Story of the Constitutional Convention

Richard Morris, The Forging of the Union, 1781-89

Jack Rakove, Declaring Rights: A Brief History with Documents

Jack Rakove, Original Meanings: Politics and Ideas in the Making of the Constitution

Quentin Taylor, ed., The Essential Federalist: A New Reading of the Federalist Papers

Gordon Wood, The Creation of the American Republic

Option B Print Sources:

• Linda Monk, The Bill of Rights: A User’s Guide (Highly recommended! There are photocopies on reserve. You may make copies for yourself, but please leave the original photocopies in the library for others to use!)

• Jethro Koller Lieberman, A Practical Companion to the Constitution: How the Supreme Court Has Ruled on Issues from Abortion to Zoning (Highly recommended! Xerox what you need.)

• The Constitution and Its Amendments (Volume 3 is missing!)

• Kermit Hall, The Oxford Companion to the Supreme Court

• American Justice, 3 volumes

• Congressional Quarterly’s Guide to the U.S. Supreme Court (This source is slightly more detailed.)

•William Dudley, ed., The Bill of Rights: Opposing Viewpoints

• Ellen Alderman and Caroline Kennedy, In Our Defense: The Bill of Rights in Action

• Mary Manoni, Our Bill of Rights

• Akhil Reed Amar, The Bill of Rights: Creation and Reconstruction

Option B Internet Sites:

These can be accessed through Pingry Library Web Page. In general, we would recommend using these sites only AFTER you have familiarized yourself with the general issues by reading one of the basic PRINT overviews listed above.

• The Oyez Project ()

This is a good site with a database of Supreme Court cases searchable by issue. You can get summaries of the issues and the outcome in quite a number of cases. A good way to look over a lot of cases quickly.

• Findlaw Internet Legal Resources ()

Very detailed, but fairly abstract. A good resource, if you put in the effort to think hard and deep about what you’re reading. Make sure you don’t just copy down notes without really processing what you’re reading.

• Cornell University’s Legal Information Institute ()

Many Supreme Court decisions on-line.

• Flite (Federal Legal Information Through Electronics)

()

More Supreme Court decisions on-line.

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