Understanding the Civil War and the results of the changes to the Constitution afterwards is paramount to understanding the rights we have today

Understanding the Civil War and the results of the changes to the Constitution afterwards is paramount to understanding the rights we have today. The “Seventeen Words…” article provides the reader with an overlay of those events and delineates some of the theoretical battles that are still brewing in the Courts. Read the entire article and answer the questions below.

The article is attached here and also located under Files.

Directions:

Read the attached article (also located under Files) and answer the questions. Please provide concise and substantive answers based on the article presented. Do not write in generalities but in summaries coming from the article. The article can also be found on Blackboard under Course Documents. Other than the article and your textbook, no other material may be used to answer the questions (no outside sources).

 

Please type the answer with the question provided and be conscientious of correct grammar. (Reflect back to your syllabus for standards on plagiarism)

 

 

The following questions must be answered in a thoughtful manner using only the readings as your guide. You must provide the questions with your answers. (Just save the questions and start typing the answers underneath the questions.) Full-length sentences using font 12, Times New Roman, double spaced, and a hard-copy, typed assignment is required. Spell check and grammar check must be used!

The answers provided must be well deliberated using only the material provided. No outside material is allowed to answer these questions. Consult with me if you have any questions. The rules of assignments, located on your syllabus, apply to this assignment. Answers must be in your own words with NO PLAGIARISM ALLOWED or excessive quoting from the reading. A zero assignment grade with possible discipline will be earned if caught making use of other student’s answers or plagiarizing.

Make certain that the assignment is submitted hard copy and on time. Reflect on the requirements covering assignments and plagiarism as covered in the syllabus.

Each question is worth 4 points (remember that the questions must be provided with the answers).

 

 

1. Prior to the decision handed-down from the Supreme Court of the United States in the case of Dred Scott v. Sanford (1857) several factors might have influenced the thinking and understanding of the Justices making the decision. Explain at least four of those events or issues surrounding the time that may have influenced the Justice’s opinions.   You may include in this answer the make-up of the court, other influential cases such as the Stradercase, the biography of the Chief Justice, federal policies, etc.
2. Supreme Court Chief Justice Taney explained his reasoning for his ruling in the Dred Scott v. Sanford (1857) case. What was the ultimate court’s ruling and what was the rationale (reasoning) behind the Supreme Court’s and Justice Taney’s ruling in the Dred Scott case? Provide 4.
3. Explain what judicial review is (in detail – use the article and your textbook), and how did judicial review influence the case?
4. How did the Civil Rights Act of 1866 and the United States Supreme Court Case of Barron v. Baltimore (1833)influence the development of the 14th amendment (please provide details including the decision in the Barron case)?
5. What are, at least, three differing opinions for the purpose or meaning of the 14thamendment (name those that have the differing opinions and provide an explanation – BE SPECIFIC)?
6. What is meaning of the Incorporation theory of the Fourteenth Amendment? What were three opinions of justices in support for or against that theory (be specific, name those justices and their differing opinions,and provide an explanation- BE SPECIFIC – Your textbook might assist you in this answer)?
7. How has the 14thamendment influenced the federalist issue between the state and federal government (the balance of power between the federal government and states)? Explain how that interpretation of the 14thamendment would change the dynamic (relationship) between the federal government and states.
8. What is “substantive due process” and “procedural due process”? What does the author mean when he states,” In a piecemeal fashion began another phase of constitutional interpretation…?”

 

9. What does the author mean when he states that the Bill of Rights has new meaning? Explain in detail.
10. What do the author’s mean by the “quiet revolution” of the 14thamendment? Explain in detail.