In 1989 by a 5 to 4 decision, the US Supreme Court declared a Texas flag protection law to be a violation of the 1st Amendment’s freedom of speech provision. The process by which the Court can declare a state or Federal law unconstitutional is know as judicial review. In your essay examine the origins of judicial review. Where in Article III, if at all, is the concept of judicial review addressed? How does Marbury v. Madison (1803) relate to judicial review? Using the Texas v. Johnson (1989) case examine what happens when a law is struck down as unconstitutional. Once the judicial branch has exercised judicial review, are there any options open to opposing views from either the executive or legislative branches?
This essay should address the preceding issue by incorporating, in detail, each of these concepts:
The Legislative Process,
Article V (amending the Constitution),
Judicial Review,
Marbury v. Madison (1803),
Judiciary Act of 1789,
or Texas v. Johnson (1989)
The key to the assignment is to demonstrate your mastery of the political concepts by incorporating them, in detail, into your examination of the topic. Don’t become overly concerned with the topic to the detriment of a detailed discussion of the political concepts.
This task is to take the knowledge you gained from the reading of the course materials and the articles and analyze the topic through the perspective of the concepts listed above. Essays should be succinct, informative, coherent, and thoroughly based upon political analysis. Remember the key to the assignment is to demonstrate your mastery of the political concepts by incorporating them, in detail, into your examination of the topic. Don’t become overly concerned with the topic to the detriment of a detailed discussion of the political concepts.
I have PDF files that I will e-mail that have information from the teat book.
Articles That can be refered to:
CNN
High court rulings led to quest for flag-burning amendment
Henry J. Hyde
Physical Desecration of the Flag of the United States: US House Floor Statement
Robert Longley
Flag Protection Amendment Passes House, Senate rejection again expected
Christopher Smith
Hatch Flag-Burning Ban Gains Backers in Senate
Texas v. Johnson: Justice Brennan’s Majority Opinion
Court’s Ruling in Flag Burning Case
There are faxes for this order.
