Description
In the Final Research Paper, you will use your critical thinking skills to analyze and evaluate a current events topic that has constitutional and political implications.
Select topic the topic listed for constitutional issues.
-Free Speech
The thesis of the paper will be a statement identifying how the concepts of federalism, civil liberties, and civil rights are implicated in and affected by this topic.
The paper must include five main sections:
- Introductory paragraph that provides a brief background regarding the topic and introduces the main thesis.
- In-depth discussion of the implications for federalism related to the topic.
- Explain how and why federalism has a positive and negative impact on the selected topic.
- Provide one real-world positive example.
- Provide one real-world negative example.
- Utilize the Constitution, established case law, and scholarly sources to support your explanation.
- Explain how and why federalism has a positive and negative impact on the selected topic.
- In-depth discussion of the implications for civil rights related to the topic.
- Explain how and why civil rights are positively and negatively affected by the selected topic.
- Provide one real-world positive example.
- Provide one real-world negative example.
- Utilize the Constitution, established case law, and scholarly sources to support your explanation.
- Explain how and why civil rights are positively and negatively affected by the selected topic.
- In-depth discussion of the implications for civil liberties related to the topic.
- Explain how and why civil liberties are positively and negatively affected by the selected topic.
- Provide one real-world positive example.
- Provide one real-world negative example.
- Utilize the Constitution, established case law, and scholarly sources to support your explanation.
- Explain how and why civil liberties are positively and negatively affected by the selected topic.
- Concluding paragraph that summarizes the main findings and restates the thesis.
The paper must be at least 11 pages in length (excluding title and reference pages) and formatted according to APA style. You must use at least six scholarly resources (at least five of which can be found in the Ashford University Library) other than the textbook to support your claims. Cite your sources within the text of your paper and on the reference page.
The Final Research Paper:
- Must be at least 11 double-spaced pages in length (excluding title and reference pages), and formatted according to APA style as outlined in the Ashford Writing Center.
- Must include a title page with the following:
- Title of paper
- Student’s name
- Course name and number
- Instructor’s name
- Date submitted
- Must begin with an introductory paragraph that has a succinct thesis statement.
- Must address the topic of the paper with critical thought.
- Must end with a conclusion that reaffirms your thesis.
- Must use at least six scholarly resources, including a minimum of five from the Ashford University Library.
- Must document all sources in APA style
- Must include a separate reference page
Explanation & Answer
Attached.
Running Head: FREE SPEECH AS A CONSTITUTIONAL RIGHT
Free Speech as a Constitutional Right for Americans
Name
Institution
1
FREE SPEECH AS A CONSTITUTIONAL RIGHT
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Introduction
The constitution, through the First Amendment, guarantees all Americans the basic right
of free speech. The right to free speech is inscribed in the Bill of Rights, which serves as a
restatement and emphasis of how important the provision if basic for Americans. Apparently,
the applicability of free speech is a contested topic and Americans often question whether the
founding fathers' expectations and dream of free speech are met. From a critical perspective, the
founding fathers’ expectations are only partially realized much as a lot of time has since passed.
Nevertheless, the impact of the constitutional provision of free speech is indisputably evident in
America. Over the years, the constitution has enabled Americans to speak and express
themselves since is a privilege to speak out. The right and freedom to express oneself freely,
though, can be exercised constructively or abused to taint a character, which calls for a thorough
evaluation of how it has continued to affect concepts such as federalism, civil rights, and civil
liberties.
Implications for Federalism
The First Amendment that forms the basis and foundation of the constitutional provision
of free speech was intended to grant Americans the legal basis to express their thoughts.
Individuals do not need to be scared of being intimidated or punished for expressing their
thoughts through speech. The wording of the amendment infers that the Congress is restricted or
limited from making any law that restricts against the establishment of a religion, the right to
assemble, and the freedom and right to petition the government when aggrieved. The
interpretation of the amendment as the definition of free speech has since evolved as the
interpretation has been changing following changing situations and circumstances where it
FREE SPEECH AS A CONSTITUTIONAL RIGHT
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applied (Morone & Kersh, 2016). Critically, citizens needed a constitutional guarantee that the
government would not turn against them for expressing themselves freely. Individuals would not
be prosecuting for inclining towards a certain religious view or for expressing a certain opinion
about the government.
The initial and basic purpose of federalism was to separate the various branches of
government. Americans needed a system in which none of the branches of government would
exercise exceedingly a lot of power over the others. Importantly, the writers of the U.S.
constitutions borrowed a lot from and were influenced by the British way of ruling. Other factors
that influenced the writers include the chaos came with the Articles of Confederation (Morone &
Kersh, 2016). However, much as the crafters were keen to create an inclusive and fair
constitution, they were mindful not to create a constitution that would yield a tyrannical
government. Regarding free speech and the establishment of federalism, the power balance could
be considered as disrupted. Resultantly, the contemporary society has developed the tendency of
seeking for the intervention of the Supreme Court whenever a local or state authority does not
favor them in the ruling.
With what could be described as the effort and attempt to separate powers, federalism
would achieve a situation of free speech by guaranteeing protection for all. Tribe (2015) notes
that there have been some implications of federalism on free speech. In advocacy for a
decentralization on the constitutional law, some stakeholders advocate for a more powerful and
authoritative state and local governments. Going by the First Amendment, though, the Congress
is restricted and limited from making any law that could abridge the people’s freedom of speech
(Morone & Kersh, 2016). While appreciating the freedom of speech as provided for by the
constitution, it is paramount to note that it is also possible to offend other people while
FREE SPEECH AS A CONSTITUTIONAL RIGHT
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exercising the right. Particularly, this happens when the person exercising the right expresses a
contrary or controversial opinion. From a crucial perspective, their observ...
