[Off-topic] allk:
5th Period

Government

2/22/08

Essay Questions

McCulloch v. Maryland is significant because :

the decision strengthened the government in relation to the states

it established that the state government could not tax the federal government

it established that the national government has certain implied powers that go beyond its enumerated powers

The court’s decision was fair, because although the power of the government is limited it “it is supreme in its sphere of action,” and as long as the national government behaves in accordance with the Constitution its policies take precedent over the states.

The Supreme Court rulings in Miranda v. Arizona and Gideon v. Wainwright are significant because :

in the Miranda v. Arizona ruling the Supreme Court decision set guidelines for police questioning of accused persons to protect them against self incrimination and to protect their right to counsel,

the Supreme Court decided to hold that anyone accused of a felony where imprisonment may be imposed, however poor her or she might be, has a right to a lawyer

The Court was properly enforcing provisions of the Bill of Rights in these cases.

In Gideon v. Wainwright the court properly enforces the provisions of the Bill of Rights by upholding the ideals of the constitution in that all people, regardless of wealth, should have the right to counsel. The Court in Miranda v. Arizona again properly enforces the provisions in the Bill of Rights, the Fifth Amendment forbids self incrimination, and the Miranda Rights only protects the accused by informing them of these rights, therefore only upholding what has already been established in the constitution by the architects of the document.

The Supreme Court recent decisions regarding the right to privacy, abortion and the right to die stated that:

various portions of the Bill of Rights cast “penumbras”

no state can control abortions during the first trimester, it permitted states to allow regulated abortions

federal funds cannot be used for abortions

it is a federal crime to intimidate abortion providers or women seeking abortions

patients can refuse unwanted medical treatment

there is no constitutional right to physician-assisted suicide and that states may prohibit it

In general these rulings limit the scope of the government. Our right to privacy is ruled in the Supreme Court as being apart of the penumbras cast by the Bill of Rights, allowing us certain rights not actually stated directly in the constitution, thereby taking the ability of the government to invade people’s lives at it’s every whim. It is also stated that abortion during the first trimester can’t be regulated, and people who plan perform abortions or get them can’t be stopped or harmed because of it. Also federal funds cannot be used for abortions effectively taking the government out of the abortion process and distancing itself from the issue. The government now cannot stop patients from receiving medical treatment, and there is no constitutional right to physician-assisted suicide and it may be prohibited by the states. The government has no power over physician-assisted suicide and it is established through its ruling. The scope of the government is limited and rightly so, protecting our right to privacy, die, and abortion within certain parameters.

Flag burning and wearing a black armband have been protected by the Court because:

flag burning and wearing a black armband constitutes expressive conduct, and thus is entitled to constitutional protection

although those ideas may be offensive or disagreeable to many people, the government may not prohibit them from expressing those ideas

This is appropriate because regardless of whom you are or what you believe in, our Constitution guarantees you the freedom of expression, granted you are a citizen. That freedom cannot and should not be stifled by the opinions of others regarding the way one chooses to express him or herself, as long as they do not impose on anyone else’s Constitutional Rights.