Writing your Constitutional Issue Essay
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Outline is due Tuesday Jan. 21
Rough Draft is due Wed. Jan. 29
Final draft is due Friday Feb. 5
Step 1: Coming up with 3 Arguments for your Body Paragraphs
Consider these:
1) Does the issue involve the violation of a constitutional right? If so, you could say:
(your issue here)
violates the _____ Amendment which guarantees
__________________________________________________________________.
2) Has the Supreme Court ruled on this kind of issue in the past in a way that strengthens
your position? If so, you could say:
Previous Supreme Court decisions have established _____(summarize in your own
words the big idea that relates to your case)__________.
3) What are the main arguments of the opposing viewpoint? Can you poke holes in their
reasoning by using supporting facts and quotes from legal experts? If so, you could say:
People who support __________(state issue here)____________________ say that
_______________________________________ but the facts show that ________(brief
statement about why they’re wrong)______________.
It may turn out that the issue violates more than one Amendment (providing 2 separate
arguments) or that different precedents deal with different aspects of your issue (providing 2
separate arguments).
NEED SOME HELP?? Suggestions for starting your research:
 Look at court cases dealing with this issue (ideally, the Supreme Court) – even if in the
past. They reflect the differing positions on the issue
o Consider both the majority (winning) opinions and dissenting opinions
(those who disagreed), especially in close cases
o look at the main arguments of both sides for facts and arguments; you can
paraphrase these arguments and compare them to the specifics of your issue
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Be clear about constitutional principals that this issue addresses (like due process,
equal protection, privacy, freedom of expression and religion, prohibition of cruel and
unusual punishment), especially if one of your arguments is about the common good of
society and our founding ideals
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Keep track of the various sources you are using for facts/quotes and turn in a
bibliography; no essays will be read without one!
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Remember that EACH of your 3 main arguments must be supported by evidence.
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Try to infuse your paper with your personal passion about the issue! Paraphrase key
quotes in your own powerful words!
As you begin your research, you will be narrowing down what your 3 primary arguments will be and
finding supporting evidence to prove each of them.
To make sure you understand the difference between facts and arguments, let’s practice!
Put an “F” by statements that are facts and an “A” by statements that are arguments (main ideas):
___The 1st Amendment forbids government from promoting a particular religion, or any religion,
so any type of prayer in school is unconstitutional.
___Prayer is a privilege that is guaranteed by our Constitution; freedom of religion is one of the
reasons our forefathers came to America.
___In the case of Engele v. Vitale (1962) the Supreme Court prohibited (did not allow) the
continued use of a nondenominational prayer in New York’s pubic schools, because they said it
violated the 1st Amendment’s Establishment clause.
___In 1995, Lisa Herdahl sued the Pontotoc public schools for violating a separation between
church and state. She objected to prayers being read over the intercom in her children’s public
school classroom each morning.
___Any school-supported prayer or moment of silence will make some students feel different.
___Surveys show that 55 percent of Americans would support a moment of silence in public
schools (which could be for prayer).
___In the case Wallace v. Jaffree, the Supreme Court based its decision against school prayer
because the Constitution must protect minority views and not enforce the will of the majority.
___George Washington himself proclaimed a day of “thanksgiving and prayer, to be observed by
acknowledging with grateful hearts the many favors of Almighty God.”
___Justice Stevens’ majority opinion in Wallace v. Jaffree stated, “the Court has unambiguously
concluded that the individual freedom of conscience protected by the 1st Amendment embraces
the right to select any religious faith or none at all.”
___ Corporations are not people and should not receive freedom of speech or equal protection
under the law.
___ In the 2010 Citizens United v. Federal Election Commission case (published 1/23/10) the
Supreme Court ruled that unlimited campaign spending by corporations qualifies as “speech” that
is guaranteed by the 1st Amendment.
___ Supreme Court precedents that grant corporations constitutional rights are flawed.
___ As Justice Stevens said in his dissenting opinion in the Citizens United case, “Unlike our
colleagues, they had little trouble distinguishing corporations from human beings, and when they
constitutionalized the right to free speech in the First Amendment, it was the free speech of
individual Americans that they had in mind.”
___ Since the Court’s decision Feb2010, campaign spending has risen by 73 percent, meaning
that fewer candidates and individuals will have the money necessary to compete with big
corporations in current and future elections.
Example: Ella Vanderzanden’s Essay
The 1st Amendment states that there is freedom of religion. Do you think
that having the words “Under God” in the Pledge of Allegiance shows that we
get to choose our religion? I say no. Saying the Pledge of Allegiance in public
schools is unconstitutional and unfair. Saying the Pledge of Allegiance in
public schools violates the 1st Amendment, which guarantees freedom of
religion. Previous Court of Appeals cases have decided that it is
unconstitutional for any student to be punished for not saying the Pledge of
Allegiance at their school. Many students have experienced negative
consequences in their schools when they don’t say the Pledge of Allegiance.
Reciting the Pledge of Allegiance in public schools violates the
establishment clause in the 1st Amendment. The First Amendment states that,
"Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof." The part about free exercise means that
you have the option to choose your religion or have none at all. The part about
establishment of religion means that government can’t promote a certain
religion. According to Religious Tolerance.org the words “under God” specify
that a higher, supreme being does exist and that being is in fact male. This
belief of God doesn’t agree with what Atheists, Agnostics, Buddhists, some
Humanists, as well as some Ethical Culturalists believe in. At a high school in
Washington, the Pledge of Allegiance is said through the loud speaker every
morning. The students have to stop what they are doing, stand up and wait for
it to be over. This is both unconstitutional and unfair because everyone has to
stand up whether or not they want to or not.
Previous Court of Appeals decisions have established that it is
unconstitutional for any student to be punished for not saying the Pledge of
Allegiance. In Holloman vs. Walker County Board of Education a student,
Michael Holloman was admonished by his teacher and then paddled by the
school administrator. All for silently raising his fist in support for his
classmate, who reused to say the Pledge. The majority of the 11th Circuit Court
of Appeals came to the conclusion that "Holloman had the constitutional right
to raise his fist during the Pledge of Allegiance so long as he did not disrupt
the educational process or the class in any real way.” In Newdow vs. Elk Grove
Unified School District a father, Michael Newdow, stood up for his daughter
who went to a school where the children did have to recite the Pledge of
Allegiance. In 2002, the 9th Circuit Court of Appeals ruled in favor of
Newdow. In Frazier vs. Alexandre a student, Cameron Frazier, was cursed at
and scolded for not saying the Pledge of Allegiance by his teacher, Cynthia
Alexandre. The 11th Circuit Court of Appeals decided that Frazier would
receive $32,500 and Alexandre will be berated in writing.
Many students, like Frazier, have witnessed what could have or has
happened when they don’t say the Pledge of Allegiance. These students know
that what does happen isn’t pretty. Michael Holloman raised his fist in
support for his classmate, John Michael Hutto, and in turn was scolded by his
teacher and then paddled by the school administrator. Hutto refused to stand
up and say the Pledge of Allegiance and was forced to apologize. A federal
judge said that lower court made a mistake in saying that the teacher and
school administrator shouldn’t be charged with anything. Michael Newdow,
the atheist who spoke on behalf of his daughter, said, "Imagine every morning
if the teachers had the children stand up, place their hands over their hearts,
and say, 'We are one nation that denies God exists,' I think that everybody
would not be sitting here saying, 'Oh, what harm is that.' They'd be furious.
And that's exactly what goes on against atheists. And it shouldn't."
Saying the Pledge of Allegiance in public schools is unfair and
unconstitutional. Saying the Pledge violates both the Establishment clause
and the free exercise clause in the 1st Amendment. Court of Appeals cases have
established that it is unconstitutional for students to be punished for not
saying the Pledge of Allegiance. Many elementary, middle and high school
students have witnessed the outcome of not saying the Pledge of Allegiance.
Cameron Frazier, who was reprimanded for not being patriotic, said, "I
believe that the real meaning of the flag - freedom, liberty and equality - has
been tarnished by the recent policies of our government. Patriotism is more
than going along with everybody else and just saluting a flag. It's about things
like supporting our troops during the holidays and helping hurricane victims.”