Reference no: EM131629114

Answer each of the questions below in short-answer format. Write your responses in complete sentences. Your answers to each question should include 2 - 3 paragraphs, 150-250 words. Be sure to carefully read each question to ensure that each component is answered with the appropriate depth and detail.

Your answers should be free of spelling and grammar errors. When using reference material, you must properly cite your sources using in-text citations. You must also include a reference list. All documentation must be rendered in APA citation style (see announcements for details on APA).

Part 1

1. In your own words, explain the free exercise clause and the establishment clause found in the First Amendment and state why each clause was thought to be necessary. Provide an example of a current case that has utilized these clauses. (See the Supreme Court Web site.)

2. Using your own words, explain the Lemon Test and the Endorsement Test, and state which court case established each. How do these tests examine the constitutionality of religious establishment issues?

3. List the three categories of unprotected speech. Choose one form of unprotected speech, and state what case defined it, explain why it is not protected, and give an example of the type of speech it includes.

4. Read the linked article titled "Expulsion of Two Oklahoma Students Over Video Leads to Free Speech Debate."
Summarize the article, and then argue whether you believe this violated the students' First Amendment rights to free speech.

5. How did the framers intend the Bill of Rights to limit federal/state government's power to infringe on the rights and liberties of citizens? Provide an example.

Part 2

1. Define due process; include each of the two specific types of due process and provide examples. Using examples of specific cases, indicate whether you believe these rights have been increasingly protected or compromised.

2. In the Supreme Court Case Burwell v. Hobby Lobby, the Supreme Court ruled that "closely held for-profit companies" may enact religious exemptions as they pertain to the Affordable Care Act's (ACA) provision requiring contraception coverage for their employees.

In the case, the Supreme Court ruled 5-4 that the ACA's provision violated the Religious Freedom Restoration Act of 1993 (RFA) as well as the free exercise of religion clause of the First Amendment. The Supreme Court in its majority decision stated that "applying the ACA's requirement is not the least restrictive means of serving a compelling government interest."

Do you believe that the Supreme Court was correct in their ruling that closely held for-profit companies, such as Hobby Lobby, can be exempted from federal mandates or laws on First Amendment free expression grounds? Why or why not? Use the lesson notes and at least one news source for your answer.

3. The Transportation Security Administration (TSA) has come under public and political scrutiny recently due to some of the methods it uses while providing airport security.

Some commentators argue that these methods violate the Fourth Amendment's protection against unlawful search and seizure. Read the linked article, "The TSA Is Invasive, Annoying, and Unconstitutional. " Summarize it, and then argue whether you believe the TSA's methods constitute a violation of the Fourth Amendment. Your personal experiences at the airport can be included as a part of your answer if you like.

4. The Civil Rights Act was passed in 1964 with the intention of creating a more equal society and redressing past injustices. One result of this process was affirmative action.

Briefly explain how affirmative action came about. Then, using at least one news source, answer the following questions:

Do you believe that affirmative action has been successful in attaining some of the goals of the civil rights era? Should such policies remain in place today?

5. Explain the origins of the separate but equal doctrine. Summarize the argument offered by the Supreme Court in Brown v. Board of Education against the separate but equal doctrine.

Evaluate the extent to which de facto segregation leads to inequality, and provide a current example of this type of segregation.