Imagine you are a leader in post-colonial Africa, and you are considering what type of constitution your country should adopt. While you are excited about independence, your country faces several challenges. Your country possesses an oil-rich north and a number of large cities in its south. However, the population of your country is divided in three ethnic groups. One ethnic group makes up 50% of the population and dwells in the oil-rich north of the country. The second largest ethnic group makes up 47% of the population and this group predominately, but not exclusively, lives in the cities in the south. The final ethnic group makes up 3% of the population, and this group cooperated with the colonizers. Prior to colonization, the three groups did not live in one unified country. During colonization, tension emerged between the three groups. In fact, a small civil war developed immediately after colonization. Fearing retribution for cooperating with the colonizers, the ethnic group with 3% of population allied itself the majority ethnic group. The majority ethnic group with its allies emerged as the winners of the civil war.
If you wanted to maintain stability in the country, would you recommend that the country adopt a constitution similar to the United States Constitution or the British Constitution or another type of Constitution?
What would be the essential elements of your country’s proposed Constitution?
In Carrol v. United States, 267 U. S. 132 (1925) the Supreme Court held that vehicles were held to a lesser standard of Fourth Amendment protection:
We have made a somewhat extended reference to these statutes to show that the guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment has been construed, practically since the beginning of the Government, as recognizing a necessary difference between a search of a store, dwelling house or other structure in respect of which a proper official warrant readily may be obtained, and a search of a ship, motor boat, wagon or automobile, for contraband goods, where it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought.
In Katz v. United States, 389 U.S. 347 (1967), however, the Court established the right to privacy as a defense against warrantless searches. 1) Briefly summarize Katz v. United States. Please read the case at the link below.
http://www.law.cornell.edu/supremecourt/text/389/347 2) United States v. Jones, an appeal from the District of Columbia Circuit Court of Appeals that went on to the Supreme Court, on the issue of whether a warrant is needed to attach a GPS tracking device to a vehicle. Briefly summarize United States v. Jones. www.supremecourt.gov/opinions/11pdf/10-1259.pdf
3) Which argument do you find more persuasive in the Jones case, Scalia’s or Sotomayor’s Why?
1. In Berghuis v. Thompkins, 560 U.S. ___ (2010) (which can also be found in the Resources link), the Supreme Court considered the position of a suspect who understands his or her right to remain silent under Miranda v. Arizona and is aware he or she has the right to remain silent, but does not explicitly invoke or waive the right. Please read the case. Give me a summary of the facts of the case and a discussion of the opinion, both majority and dissent.
2. It is estimated that about 75% of suspects routinely waive their Miranda rights and talk to the police.1 Given that, discuss the impact of this decision on law enforcement.
1 Richard A. Leo, “The Impact of Miranda Revisited,” 86 J. Crim. L. & Criminology 621, 653 (1996).
Please answer and thoroughly discuss the following questions:
1. Should the death penalty be banned as a violation of the 8th Amendment against cruel and unusual Punishment? What specific provisions of the Constitution support keeping or banning the death penalty?
2. What exactly is “cruel and unusual” punishment under the Constitution?
3. What did the framers intend to ban with the 8th Amendment? How does that intent apply in today’s society?
1. What benefits come from a nation having a written constitution?
2. Are there disadvantages in having a written constitution such as ours? If so, what might they be?
3. What are the threats to a nation that does not have a written constitution? What nations currently do not have a written constitution? How does that affect the people? Please thoroughly discuss.
Review the attached grading rubric for forums. Your initial post must be a minimum of 500 words and must thoroughly answer the questions posed. A minimum of one source is required. All citations must be in Bluebook format. Examples are available in the Attached PDF.