Question

25 POINTS

Directions:

Complete BOTH PARTS of this assessment. Answer the following questions for each part. You have a total of two questions to answer. Make sure your answers are complete sentences and fully answer the questions being asked.



Part ONE

QUESTION:

Explain which one the 4 basic principles in the U.S. Constitution is the most important and why.

Choose one of the 4 principles for your answer. Make sure to look up the definition if you don't remember what it means:

Popular Sovereignty

Limited Government

Separation of Powers

Federalism

Part TWO

Read the background of the Supreme Court case and answer the question that follows
Tinker v. Des Moines Supreme Court Case (1968)
Decision Date: February 24, 1969

Background
At a public school in Des Moines, Iowa, students planned to wear black armbands at school as a silent protest against the Vietnam War. When the principal became aware of the plan, he warned the students that they would be suspended if they wore the armbands to school because the protest might cause a disruption in the learning environment. Despite the warning, some students wore the armbands and were suspended. During their suspension, the students' parents sued the school for violating their children's right to free speech. The U.S. District Court for the Southern District of Iowa sided with the school’s position, ruling that wearing the armbands could disrupt learning. The students appealed the ruling to the U.S. Court of Appeals for the Eighth Circuit but lost and took the case to the Supreme Court of the United States.

Decision and Reasoning
In a 7-2 decision, the Supreme Court’s majority ruled that neither students nor teachers “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The Court took the position that school officials could not prohibit only on the suspicion that the speech might disrupt the learning environment.

The dissent argued that the First Amendment does not grant the right to express any opinion at any time. Students attend school to learn, not teach. The armbands were a distraction. School officials, acting on a legitimate interest in school order, should have broad authority to maintain a productive learning environment.

QUESTION:

Supreme Court Justice Black disagreed with the outcome of the Tinker case and said that students are sent to “school on the premise that at their age they need to learn, not teach.” Do you think that students have meaningful opinions and views that should be protected by the First Amendment? Explain your answer.

Answer 1

Answer: Your welcome!

Step-by-step explanation:

The most important of the 4 basic principles of the U.S. Constitution is the separation of powers. This principle ensures that the three branches of government are kept separate and distinct, preventing any one branch from becoming too powerful. The separation of powers also encourages checks and balances, allowing each branch to monitor and regulate the actions of the other branches. This helps to ensure that no single branch of government can abuse its power, which is essential for a functioning democracy.

Popular sovereignty is the principle that the authority of a state and its government is created and sustained by the consent of its people, through their elected representatives (Rule by the People). It is closely associated with social contract theorists such as Thomas Hobbes, John Locke and Jean-Jacques Rousseau. Popular sovereignty is the basis of the modern democratic state. It is the belief that the people are the ultimate source of political legitimacy and that they should have the right to decide how their government should be organized and function.

Yes, I believe that students have meaningful opinions and views that should be protected by the First Amendment. School is a place where students should be free to express themselves and share their ideas without fear of repercussions. It is important for students to be able to discuss controversial topics and learn from each other, and the First Amendment should be respected in order to ensure open dialogue. Moreover, the First Amendment is an important part of our democracy, and it is important for students to learn about it and understand it in order to be informed, active members of society.