I am attaching the document and the rubric. Please fix this based on the rubric. Please fix – Final Draft.dcx
“In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance, they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment” (U.S. Supreme Court, Brown et al. v. Board of Education of Topeka et al., 1954).
Living under a government that protects the person and property of citizens, no exceptions
In Brown v Board of Education, Brown promotes living under a government that protects the person and property of citizens, no exception. The reason Brown promotes is that the Board of Education is hurting black students by segregating education and claiming equal education for all. As William Blackstone says, “This law of nature, being coeval with mankind, and dictated by God himself, is, of course, superior in obligation to any other. It is binding over all the globe, in all countries, and at all times. No human laws are of any validity, if contrary to this; and such of them as are valid, derive all their authority, mediately, or immediately, from this original…. The principal aim of the society is to protect individuals in the enjoyment of those absolute rights, which were vested in them by the immutable laws of nature.” This means that everyone is equal, must possess equal rights, and their rights must be preserved. Black and white children were going to a different school because of the law that segregated them. Even though it says similar curriculum or education material, physical segregation creates unequal. Board of education is harming the black students and Brown is fighting against that law following equal protection guaranteed by the fourteenth amendment. So, Brown is promoting living under a government that protects the person and property of citizens, no exception because Board of education is not able to “protect individuals in the enjoyment of absolute rights which were vested in them by the immutable laws of nature”.
Living under a government that does not violate the person and property of citizens
In Brown v Board of education, Brown is promoting living under a government that does not violate the person and property of citizens. The reason Brown promotes is that the government is harming the black students. In this case, the government is doing injustice to the black kids by promoting segregated schools and black students have to go some miles away to the segregated school to get an education. William Blackstone says, “Upon these principles, the law of England abhors, and will not endure the existence of, slavery within this nation … And now it is laid down, that a slave or negro, the instant he lands in England, becomes a freeman; that is, the law will protect him in the enjoyment of his person, his liberty, and his property” (9B). This means that no one is a slave to another person, everyone is a free man and the government has to protect this law so that everyone consumes same right and maintain peace and harmony. In our case, the Government is trying to maintain equality by making the fourteen amendments, however, segregation in education questions equality. Brown fight for justice for his daughter and all the black daughters who were forced to send to segregated schools because of the unfair education system. Hence, Brown promotes living under a government that does not violate the person and property of citizens because that segregation made him feel “the existence of slavery within this nation”.
Religion
In Brown v Board of Education, religion does not apply because the government is not directly promoting the practice of religion in this case. This case is about an unfair education system that makes black children go to a segregated school for their education. Thomas Jefferson says, “And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God? That they are not to be violated but with His wrath? Indeed I tremble for my country when I reflect that God is just: that his justice cannot sleep forever: that considering numbers, nature, and natural means only, a revolution of the wheel of fortune, an exchange of situation, is among possible events: that it may become probable by supernatural interference! The Almighty has no attribute which can take side with us in such a contest” (7A). This means that religion makes a person and property more secure. People follow religious thing in the fear that they may commit sin. So, religion helps people to achieve the goal of human life. Government has to promote the practice of religion. SO, this feature does not apply to this case because Brown is not suffering from “a conviction in the minds of the people that these liberties are of the gift of God”.
Personal Liberty
Brown is promoting personal liberty. The reason Brown is promoting is that Government is not letting people act freely as long as they don’t harm society. Brown children are forced to go to the segregated school and are not allowed to study together where white children studies. James Kent says, “The right of personal liberty is another absolute right of individuals, which has long been a favorite of the English law. It is not only a constitutional principle…that no person shall be deprived of his liberty without due process of law, but effectual provision is made against all unlawful restraint, or imprisonment, by the security of the privilege of habeas corpus….The right of deliverance from all unlawful imprisonment, to the full extent of the remedy provided by the habeas corpus act, is a common law right…” (70D). This means that government should not imprison a citizen without a trial, that is a person should not be wrongly imprisoned without trial. So, Brown is promoting liberty because he urges “no person shall be deprived of his liberty without due process of law”.
Self-government
In Brown v Board of Education, self-government does not apply and the reason is that both sides would let the people of the State live under the law made by their representatives in their legislature. Letter to the Inhabitants of Quebec by First Continental Congress mentions, “The first grand right, is that of the people having a share in their government by their representatives chosen by themselves, and in consequence, of being ruled by laws which they themselves approve, not by edicts of men over whom they have no control”. This means that self-government is chosen by people themselves which helps to protect their rights, create and maintain laws. People will live under the law made by their representatives. In self-government, rights will be more protected and representative focus on preserving cultural heritage and language more. Hence, this feature does not apply to this case, because Brown is not complaining about “the government by their representatives chosen by themselves”.
Grading Rubric for GOVT 2305 Mid-Term Liberty Analysis
Professor Iachetta
Name of Student________________
1. Living under a government that protects person and property of citizens, no exceptions
__ (2)
There is a statement saying which side winning would promote liberty in this sense
X (2)
The statement is clear and correct
__ (2)
There is a statement saying why this side winning would promote liberty in this sense
X_ (2)
The statement uses the main definition of this meaning of liberty and is correct
__ (2)
There is a primary source quotation
X_ (2)
The primary source quotation is appropriate and defines this meaning of liberty
__ (2)
There is an explanation of the primary source quotation
X (2)
The explanation is clear and correct
__ (2)
There is a concluding statement that applies the quotation to the controversy and explains why one side winning would promote this part of liberty (or why it does not apply)
X_ (2)
The application is clear and correct
10_
Total number of points for this section
2. Living under a government that does not violate person and property of citizens
__ (2)
There is a statement saying which side winning would promote liberty in this sense
X (2)
The statement is clear and correct
__ (2)
There is a statement saying why this side winning would promote liberty in this sense
X_ (2)
The statement uses the main definition of this meaning of liberty and is correct
__ (2)
There is a primary source quotation
X_ (2)
The primary source quotation is appropriate and defines this meaning of liberty
__ (2)
There is an explanation of the primary source quotation
X (2)
The explanation is clear and correct
__ (2)
There is a concluding statement that applies the quotation to the controversy and explains why one side winning would promote this part of liberty (or why it does not apply)
X_ (2)
The application is clear and correct
10_
Total number of points for this section
3. Religion
__ (2)
There is a statement saying which side winning would promote this feature
__ (2)
The statement is clear and correct
__ (2)
There is a statement saying why this side winning would promote this feature
X (2)
The statement uses the main definition of this feature and is correct
__ (2)
There is a primary source quotation
__ (2)
The primary source quotation is appropriate and defines this feature
__ (2)
There is an explanation of the primary source quotation
X_ (2)
The explanation is clear and correct
__ (2)
There is a concluding statement that applies the quotation to the controversy and explains why one side winning would promote this feature (or why it does not apply)
X_ (2)
The application is clear and correct
14
Total number of points for this section
4. Personal Liberty
__ (2)
There is a statement saying which side winning would promote this feature
X_ (2)
The statement is clear and correct
__ (2)
There is a statement saying why this side winning would promote this feature
X (2)
The statement uses the main definition of this feature and is correct
__ (2)
There is a primary source quotation
__ (2)
The primary source quotation is appropriate and defines this feature
__ (2) There is an explanation of the primary source quotation
__ (2)
The explanation is clear and correct
__ (2)
There is a concluding statement that applies the quotation to the controversy and explains why one side winning would promote this feature (or why it does not apply)
X(2)
The application is clear and correct
14
Total number of points for this section
5. Self-government
__ (2)
There is a statement saying which side winning would promote liberty in this sense
X(2)
The statement is clear and correct
__ (2)
There is a statement saying why this side winning would promote liberty in this sense
X_ (2)
The statement uses the main definition of this meaning of liberty and is correct
__ (2)
There is a primary source quotation
__ (2)
The primary source quotation is appropriate and defines this meaning of liberty
__ (2)
There is an explanation of the primary source quotation
X(2)
The explanation is clear and correct
__ (2)
There is a concluding statement that applies the quotation to the controversy and explains why one side winning would promote this part of liberty (or why it does not apply)
X (2)
The application is clear and correct
12
Total number of points for this section
60_
Total for all five sections
___
Penalties (for not following the directions or plagiarism or lateness)
60_
Your grade on the mid-term
26
34
Select one (1) Supreme Court case from the list of cases in “Scenarios from Selected
Supreme Court Cases” (see the attached document). The only cases that you cannot
write about are case numbers 2, 3,5, 20, 23, 25, 27, 28, 29, 30. You will analyze this
one (1) Supreme Court case from the perspective of five of the major concepts we have
learned in the second half of the course. These major concepts are:
1. Independence
2. Federalism
3. Personal Responsibility
4. Personal Liberties
5. Living under a Government that has Limits through a Constitution
Instead of an introduction, simply state the name of the case that you will analyze. Then
write five paragraphs, each one devoted to one of the concepts listed above, and in the
order listed above. Each paragraph must consist of the following five parts, and in this
order:
1. State which side of the case will promote the concept you are discussing; if
the concept does not apply to your case, then state that it does not apply.
2. Explain why this side promotes this concepts, or why this concept does not
apply to the case (using details from the case) .
3. Provide a primary source quotation from the textbook (attached: Government
Book) that defines the concept you are discussing (this should not be a
quotation describing your case).
4. Explain what the quotation says, using your own words.
5. Re-state which side will promote this concept (or re-state that it does not
apply) and the reason why, but this time when you re-state the reason why,
use part of the quotation you just used instead of using your own words. (See
the sample paragraph that follows for an example of how to do this part.)
Follow this pattern for all five major paragraphs, and you are done.Note on
quotations: as with the Mid-Term, you will need to find a quotation that defines each of
the meanings of the features covered in the final, except in the paragraph on
constitutionally limited government. In this paragraph only, use two quotations: a
quotation that defines the rights secured by the 14th amendment (use something from
69A-70B ) and a quotation that explains what happens when the federal government is
able to give itself power (use 72B or 72C).Note on citation: at the end of your quotation,
cite the quotation by using the activity number and letter of the quotation as it appears in
the textbook and place these in quotation mark followed by a period.Note on plagiarism:
do not present anyone else’s work as your own, and do not write this paper together
with anyone else. If you do so, you will receive a penalty and may receive a 0 on the
assignment and be reported to the college for violating the student code of conduct.
Directions: You will be evaluated on the thoughtfulness and helpfulness of your responses.
1. Statement of case being analyzed: Does this draft begin with a statement of which case is being
analyzed? What is the case?
2. Arrangement of paragraphs: Does this draft contain five major paragraphs, each one discussing one
of the major concepts assigned for the mid-term, and in the proper order?
3. Opening sentences: does each paragraph contain an opening statement, saying which side promotes
the concept being discussed, or saying if it does not apply? Are these statements correct? Provide at
least one example of an opening sentence that you think could use some work, and explain why. If you
can’t find an example of something that is done incorrectly, provide an example of something that is
done correctly and explain why it is correct.
4. Reason: Does each paragraph contain a reason why one side promotes, or why the concept does not
apply? Are these reasons correct? Provide at least one example of a reason that you think could use
some work, and explain why. If you can’t find an example of something that is done correctly, provide an
example of something that is done incorrectly and explain why it is correct.
5. Quotation: Does each paragraph contain a primary source quotation defining the concept being
discussed (and not a description of the case)? Are the quotations appropriate and properly
cited? Provide at least one example of a quotation that you think could use some work, and explain
why. If you can’t find an example of something that is done incorrectly, provide an example of
something that is done correctly and explain why it is correct.
6. Explanation: Does each paragraph contain an explanation of the primary source quotation in the
student’s own words? Are the explanations correct? Provide at least one example of an
explanation that you think could use some work, and explain why. If you can’t find an example of
something that is done incorrectly, provide an example of something that is done correctly and explain
why it is correct.
7. Application: Does each paragraph contain a final statement, saying which side promotes the concept
being discussed, or say it does not apply, and using part of the primary source quotation in saying why
one side promotes the concept or does not apply? Is the application done correctly? Provide at least
one example of and application that you think could use some work, and explain why. If you can’t find
an example of something that is done incorrectly, provide an example of something that is done
correctly and explain why it is correct.
Sample Paragraph : This gives you the direction but not the full point
This is a sample paragraph for the first paragraph of the paper, using an imaginary case (in
which Professor Iachetta is imprisoned without trial for teaching the American system of
government).
In Iachetta v. U.S., living under a government that protects person and property does not apply.
The reason it does not apply is that no person is harming Professor Iachetta. As John Locke says,
“Where there is no law, there is no freedom: for liberty is to be free from restraint and violence
from others; which cannot be, where there is no law” (3D). This means that we need a
government to protect us from others, if we want to be free. So this feature does not apply to
this case, because Iachetta is not suffering “restraint and violence from others.”
Asmita Bhattarai
Dr. Michael S. Iachetta
Govt 2306-41205
“In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of
the courts in obtaining admission to the public schools of their community on a nonsegregated
basis. In each instance, they had been denied admission to schools attended by white children
under laws requiring or permitting segregation according to race. This segregation was alleged to
deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment” (U.S.
Supreme Court, Brown et al. v. Board of Education of Topeka et al., 1954).
Living under a government that protects the person and property of citizens, no exceptions
In Brown v Board of Education, Brown promotes living under a government that protects the
person and property of citizens, no exception. The reason Brown promotes is that the Board of
Education is hurting black students by segregating education and claiming equal education for all.
As William Blackstone says, “This law of nature, being coeval with mankind, and dictated by God
himself, is, of course, superior in obligation to any other. It is binding over all the globe, in all
countries, and at all times. No human laws are of any validity, if contrary to this; and such of them
as are valid, derive all their authority, mediately, or immediately, from this original…. The
principal aim of the society is to protect individuals in the enjoyment of those absolute rights,
which were vested in them by the immutable laws of nature.” This means that everyone is equal,
must possess equal rights, and their rights must be preserved. Black and white children were going
to a different school because of the law that segregated them. Even though it says similar
Michael Iachetta
Important: For an explanation of your mistakes on the first three parts of each paragraph, please see my comments on the preparation sheet.
curriculum or education material, physical segregation creates unequal. Board of education is
harming the black students and Brown is fighting against that law following equal protection
guaranteed by the fourteenth amendment. So, Brown is promoting living under a government that
protects the person and property of citizens, no exception because he is supporting to protect
individuals in the enjoyment of absolute rights which were vested in them by the immutable laws
of nature.
Living under a government that does not violate the person and property of citizens
In Brown v Board of education, Brown is promoting living under a government that does not
violate the person and property of citizens. The reason Brown promotes is that the government is
harming the black students. In this case, the government is doing injustice to the black kids by
promoting segregated schools and black students have to go some miles away to the segregated
school to get an education. William Blackstone says, “Upon these principles, the law of England
abhors, and will not endure the existence of, slavery within this nation … And now it is laid down,
that a slave or negro, the instant he lands in England, becomes a freeman; that is, the law will
protect him in the enjoyment of his person, his liberty, and his property” (9B). This means that no
one is a slave to another person, everyone is a free man and the government has to protect this law
so that everyone consumes same right and maintain peace and harmony. In our case, the
Government is trying to maintain equality by making the fourteen amendments, however,
segregation in education questions equality. Brown fight for justice for his daughter and all the
black daughters who were forced to send to segregated schools because of the unfair education
system. Hence, Brown promotes living under a government that does not violate the person and
property of citizens because he demands the law to protect him in the enjoyment of his person,
liberty, and property.
Michael Iachetta
You need to end each paragraph by applying part of the quotation to the case, in quotation marks. Please see the directions and sample paragraph.
Michael Iachetta
You need to end each paragraph by applying part of the quotation to the case, in quotation marks. Please see the directions and sample paragraph.
Religion
In Brown v Board of Education, religion does not apply because the government is not directly
promoting the practice of religion in this case. This case is about an unfair education system that
makes black children go to a segregated school for their education. Thomas Jefferson says, “And
can the liberties of a nation be thought secure when we have removed their only firm basis, a
conviction in the minds of the people that these liberties are of the gift of God? That they are not to
be violated but with His wrath? Indeed I tremble for my country when I reflect that God is just:
that his justice cannot sleep forever: that considering numbers, nature, and natural means only, a
revolution of the wheel of fortune, an exchange of situation, is among possible events: that it may
become probable by supernatural interference! The Almighty has no attribute which can take side
with us in such a contest” (7A). This means that religion makes a person and property more secure.
Religion helps people to achieve the goal of human life. Government has to promote the practice of
religion. SO, this feature does not apply to this case because Brown is not saying anything that
liberties of the nation thought secure when removed their only firm basis.
Personal Liberty
Brown is promoting personal liberty. The reason Brown is promoting is that Government is not
letting people act freely as long as they don’t harm society. Brown children are forced to go to the
segregated school and are not allowed to study together where white children studies. James Kent
says, “The right of personal liberty is another absolute right of individuals, which has long been a
favorite of the English law. It is not only a constitutional principle…that no person shall be
deprived of his liberty without due process of law, but effectual provision is made against all
unlawful restraint, or imprisonment, by the security of the privilege of habeas corpus….The right
of deliverance from all unlawful imprisonment, to the full extent of the remedy provided by the
Michael Iachetta
You need to explain how religion secures rights of person and property in this system—focus on the fear of God.
Michael Iachetta
You need to end each paragraph by applying part of the quotation to the case, in quotation marks. Please see the directions and sample paragraph.
habeas corpus act, is a common law right…” (70D). This means that government should not
imprison a citizen without a trial, that is a person should not be wrongly imprisoned without trial.
So, Brown is promoting liberty because he urges no person shall be deprived of his liberty without
due process of law.
Self-government
In Brown v Board of Education, self-government does not apply and the reason is that both sides
would let the people of the State live under the law made by their representatives in their
legislature. Letter to the Inhabitants of Quebec by First Continental Congress mentions, “The first
grand right, is that of the people having a share in their government by their representatives chosen
by themselves, and in consequence, of being ruled by laws which they themselves approve, not by
edicts of men over whom they have no control”. This means that self-government is chosen by
people themselves which helps to protect their rights, create and maintain laws. People will live
under the law made by their representatives. So, this feature does not apply to this case, because
Brown is living under the government by their representatives chosen by themselves.
Michael Iachetta
Focus on the right of the people of the state to be ruled by the law made by the representatives of the people in their legislature.
Michael Iachetta
You need to end each paragraph by applying part of the quotation to the case, in quotation marks. Please see the directions and sample paragraph.
Michael Iachetta
You need to end each paragraph by applying part of the quotation to the case, in quotation marks. Please see the directions and sample paragraph.
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