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| Chapter 15: The Federal Courts |
| Questions for Discussion and Thought |
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| 1. Do we have “equal justice under the law” as the Constitution promises? Draw up a list of arguments on both sides of the issue. What are the main impediments to equal justice, in your opinion? What does this say about the United States as a democracy? What does this say about our ability to provide equality before the law? |
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| 2. How much privacy do you think you have? Are you aware of all the daily intrusions into your private life? Do you ever call an 800 number? Use a credit card at a grocery store? Order from a catalog? Use the Internet? Use e-mail? Give out your Social Security number? Subscribe to a magazine? Every one of these examples provides important personal information about you to telemarketers, marketing companies, private investigators, even government agencies. What steps can you take to ensure your privacy? |
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| 3. Have you ever been called for jury duty? Did you serve? What were the ages and occupations of those you served with? What was your reaction to what you observed? Do you think everyone should have to serve? |
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| 4. Ninety-nine percent of all felonies are settled by plea bargains, whereby the suspect pleads guilty for the promise of receiving a lower sentence. Obviously, this means that the suspect gives up some of his or her constitutional rights. What rights are these? Are plea bargains a good idea? |
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| 5. How can judges control a courtroom procedure in order to guarantee a fair trial? Think about some of the recent trials that have received a lot of publicity. Is it ever possible to completely control all the variables in order to protect the right of a fair trial? |
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| 6. Suppose the federal courts did not have the power of judicial review. Instead, all acts of Congress and the president would be considered constitutional. How would this change our system? Would you favor such a change? |
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| 7. In recent years, the Supreme Court has become more involved in political issues and has made decisions in the area of policy making. Some argue that such decisions should be left up to the legislature. Do you find a problem with unelected political officials making such decisions? If a legislative majority makes all of the decisions, then what are the implications for minority rights? What to you think about the idea of amending the U.S. Constitution to counteract such Supreme Court decisions? |
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