PLST 320 Final Quiz Due Process
PLST 320 Quiz Due Process and Criminal Justice
In 1935, Congress passed the Social Security Act. Pursuant to that act, individuals receive monthly retirement benefits that are, in part, based upon the person’s earned income and age of retirement. A budget crisis and declining workforce has caused Congress to terminate the retirement benefits under the Social Security Act. Susan Smith, a twenty-year old woman who is about to enter the workforce for the first-time files suit, alleging that she has a fundamental right to receive retirement benefits from the government. Following the due process test set forth in Washington v. Glucksberg, which asks whether an asserted right is deeply rooted in the history and traditions of our nation and therefore implicit in the concept of ordered liberty, please constitutionally analyze Ms. Smith’s claim. You also should consider whether there is any argument to be made that Ms. Smith is not a proper plaintiff because she has not yet entered the workforce and thus has not suffered any actual injury.
Each year a local public high school allows the valedictorian of the senior class to deliver a speech at graduation. The school does not provide any guidelines beyond a 10 minute limit. This year, the school learned that the valedictorian planned to include several bible verses in her speech. When the student refused to change her speech, the school told the student she would not be allowed to give her speech at graduation.
Please discuss whether the school’s actions violate the Equal Protection Clause insofar as the school allows students with a “secular” message to give their speech but not students who desire to include a religious message in their speech. Please note that most of these cases are generally decided on the Free Speech Clause, Free Exercise of Religion Clause, or Establishment Clause. This question asks you to analyze the facts from an Equal Protection Clause perspective. You should identify the classification (group or fundamental right) involved, identify what level of protection (scrutiny) it will receive, and then apply that standard to these facts to reach a conclusion.
Each year a local public high school allows the valedictorian of the senior class to deliver a speech at graduation. The school does not provide any guidelines beyond a 10 minute limit. This year, the school learned that the valedictorian planned to include several bible verses in her speech. When the student refused to change her speech, the school told the student she would not be allowed to give her speech at graduation.
Please discuss whether the school’s actions violate the Equal Protection Clause insofar as the school allows students with a “secular” message to give their speech but not students who desire to include a religious message in their speech. Please note that most of these cases are generally decided on the Free Speech Clause, Free Exercise of Religion Clause, or Establishment Clause. This question asks you to analyze the facts from an Equal Protection Clause perspective. You should identify the classification (group or fundamental right) involved, identify what level of protection (scrutiny) it will receive, and then apply that standard to these facts to reach a conclusion.