Nature of the Assignment: The goal of this assignment is to apply the concepts of the Dynamic Court View and Constrained Court View to one of the cases below. In the end, you will thoroughly research the case you selected as well as the apparent influences on the Supreme Court resulting in the decision. You may select from one of the following cases:
Atkins v. Virginia (2002)
Zelman v. Simmons-Harris (2002)
Lawrence v. Texas (2003)
Employment Division, Dept. of Human Resources of Oregon v. Smith (1990)
Your paper must include the following components: (1) provide an introduction that includes a strong thesis statement setting forth the position you will take relative to your case; (2) summarize your case, including who are the parties, the legal claims presented and how the court resolved them; (3) analyze your case in light of the elements from either a DCV or CCV perspective (this is where you need to incorporate the research you discovered on the various elements of DCV/CCV); (4) develop and rebut the most persuasive counter-argument(s) and (5) offer the broader implications about your analysis, in other words, what does your case study tell us about the conditions under which the Supreme Court is more likely to be dynamic versus constrained.
Papers must be 10 to 12 pages in length, double spaced, on 8 ½ by 11 inch paper, using a 12 point, legible font (such as New Times Roman or Courier).
Your paper will be graded on a variety of considerations including the quality of the scholarly research you have incorporated into your paper, the quality of your writing and your analysis. Your paper must include parenthetical citations and an accompanying work cited page (no endnotes).
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