The meaning and application of “incorporation.”

Discuss the Lemon Test, Discuss “incorporation.
Instructions: You have 4 questions to choose from, of which you must answer 2. Each response should be around 1 ½ – 2 pages in length, single spaced, complete with citations for quotes and the paraphrasing of ideas and sentences. You may use any course materials to provide evidence for your response, but you may not use outside sources. Submit your responses to Blackboard as a Word or PDF document (you will lose points if you submit your responses late or not in Word/PDF format). Good luck!

Question 1: Discuss “incorporation.” What does “incorporation” mean, as far as the Supreme Court and the Constitution? Why does the Supreme Court believe incorporation is possible under the Constitution (hint: read the opinion in Gitlow v. US)? Why does the Supreme Court not declare all parts of the Bill of Rights incorporated? Do you believe the Supreme Court should be able to incorporate parts of the Bill of Rights to the states? Why or why not?

Question 2: Discuss the Lemon Test. What are the components of that legal test? What are some examples of government policies that are acceptable or not acceptable, according to the Supreme Court’s application of the Lemon Test? What are some of the criticisms of the Lemon Test (application, clarity, etc.)? Do you believe the Supreme Court should continue using the Lemon Test? Why or why not?

Question 3: Discuss the Exclusionary Rule. What is the Exclusionary Rule? Why has the Supreme Court ruled the Exclusionary Rule necessary? What are some of the exceptions to the Exclusionary Rule? Why does the Court believe these exceptions are necessary? Do you believe there should be more/fewer exceptions? Why?

Question 4: Discuss the components of the Miller Test. What does the government have to demonstrate in order for something to be declared obscene (thus not protected by the 1st Amendment)? What are some of the drawbacks to the Miller Test, as far as determining what is obscene (“contemporary community standards”, et al)? Do you believe the courts should evaluate whether material is “obscene”, and if so do you believe the Miller Test does a good job evaluating what is (not) obscene?

Sample Solution

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