What constitutes cruel and unusual punishment what issues


There are eight public discussion questions

1. The political media landscape includes many sources of comedy and fake news. In fact, "The Daily Show" and "The Colbert Report" are often the most watched late night talk shows among adults age 18-49. "The Onion" is a news satire website averages 11 million unique visitors a month.

Read the following articles:

The "Daily Show" Generation

Laughing on the Inside

Discuss the following questions:

In this session, you read that a free media is important to democracy. What about "fake news"? Does it help or hinder democracy?

"Laughing on the Inside" says that research and polling indicate that average "Daily Show" is more politically knowledgeble the viewers of NBC News or Larry King Live. Why?

"The 'Daily Show' Generation" posed the question "Is Jon Stewart a corruptor of youth or a political mentor? What do you think?

2. "I see liberalism and conservatism as opposing principles that work well when in balance," he says, noting that authority needs to be both upheld (as conservatives insist) and challenged (as liberals maintain). It's a basic design principle: You get better responsiveness if you have two systems pushing against each other. As individuals, we are very bad at finding the flaws in our own arguments. We all have a distorted perception of reality."

Jonathon Haidt

After watching the TedEd video (found in the Session 13: Learning Activities & Readings folder) and reading the article about Jonathon Haidt's research (below) discuss the following questions:

Does Haidt's research give you greater insight into why people feel differently than you do about politics and government? Explain your reaction.

Are the five foundational moral impulses as described by Haidt complete? Is there something that you think the researchers have missed?

Haidt said that, "What I want to do now is help both sides understand the other, so that policies can be made based on something more than misguided fear of what the other side is up to." Do you think that research like Haidts can help bridge the political divide?

This article "Morals Authority" written by Tom Jacobs for Miller-Mcune, April 2009 highlights Jonathon Haidt's research.

Morals Authority

Note: This discussion may be emotional, but you are expected to remain respectful. Focus on debating ideas without making personal attacks.

3. In this session you read that the United States has a Single Member District Plurality (SMDP) or "Winner Take All" system for elections. Watch this video to see how SMDP elections lead to a 2 party system.

Note: This video assumes the 2-party system is ineffective. You may not come to the same conclusion.

Read a summary of the debate over the "Two Party System".

Discuss the following questions:

• Does the two-party system still work? Is it effective? Is it fair?
• Would a multi-party system decrease the country's political problems?
• What 3rd party platform would be strong enough to gain the required votes for success?

4. According to opensecrets.org, Super PACs can "raise unlimited sums of money from corporations, unions, associations and individuals, then spend unlimited sums to overtly advocate for or against political candidates". Review the article "The Top 10 Things Every Voter Should Know" from the Center for Responsive Politics (pay special attention to #9 about "Citizens United v. FEC"). Additionally, watch and read about Stephen Colbert's Super Pac.

The Top 10 Things Every Voter Should Know
New York Times Article explaining Stephen Colbert's SuperPac
Ads run by the Colbert SuperPac: Colbert's SuperPac Ads *
Colbert's SuperPac Archives
* Please note that the first three videos in Stephen Colbert's SuperPAC ads are not longer available for viewing.

Please discuss the following questions:

Overall, do you agree with the Supreme Court in Citizens' United v. FEC? Should all campaign spending be protected as free speech? Should corporations, unions and other groups be treated as individual citizens and therefore protected under the First Amendment?

Why do you think Stephen Colbert decided to devote so much air time during the presidential election season to his Superpac?

Does the "Citizens' United v. FEC" decision and the resulting SuperPacs increase your ability to influence elections or decrease it?

Overall, what is your opinion about the increased amount of outside money in politics?

What predictions do you have about how the increased amount of outside money in politics will affect future elections? How might it affect current office holders?

5. Many other democracies such as Denmark, Italy, and Australia, have a higher voting turnout than the United States. Some of those countries have automatic universal registration and more extended voting periods. Some have mandatory voting.

Watch the following video and read the following articles concerning voting in the United States and around the world.

Why Do American's Vote on Tuesday?

US GAO - Elections: Views on Implementing Federal Elections on Weekends

Worldwide Voting Standards

Would it be a good idea to have automatic universal registration of voters, extended voting periods and/or mandatory voting in this country? Explain.

Would it be a good idea to move election day to a weekend? Explain.What should Americans be more concerned about voter turnout or voter fraud? Which is more of a threat to democracy? Your discussion posting should show evidence that you read and understood the materials presented.

6. Consider the policy-making process. In order to review, read pages 274-282. The chart on page 275 will be especially helpful.

Discuss the following questions:

At what point in the policy process do citizens have the most influence?

At what point in the policy process does the media have the most influence?

At what point in the policy process do special interests have the most influence?

Consider your circumstances, how could you as a citizen be more involved at every level of the policy making process?

Using your knowledge of the policy process, what could you do today (with your current knowledge and resources) to influence policy.

7. A citizen's "right to privacy" is not specifically in the Constitution; however, the Supreme Court has ruled in many cases that this right is implied by several Amendments. Read all about the Right of Privacy and the relevant court cases then tell us what you think.

Does the Court have the right to decide what's implied (judicial activism) or should the court rule based only on what's stated in the Constitution (judicial restraint)?

You are required to support your answer by using evidence and examples provided throughout this session. Points will be deducted from any posts that degrade another student. If you oppose another student's point of view, discuss your opposition respectfully without using derogatory comments

8. The 1972 case Furman v. Georgia concerned the subject of capital punishment, which has long been a topic of national debate. Some feel it is necessary deterrent to crime, while others believe it is morally reprehensible. In Furman v. Georgia, the Supreme Court considered whether the death penalty is cruel and unusual punishment.

The 1976 case, Gregg v. Georgia upheld states' rights to impose capital punishment so long as sentencing is reached seperately from determining guilt. The Gregg case once again, asked the Court to consider whether the death penalty is cruel and unusual punishment.

Click on the links to read about each case, then discuss the following questions:

• In Furman v. Georgia the justices cited both the 8th and 14th amendment. Why did justices consider the death penalty a violation of the Fourteenth Amendment?

• Do you think the death penalty is a necessary deterrent to violent crime and an acceptable social retribution, or do you think capital punishment is excessive and unconstitutional?

• The first execution following the reinstatement of the death penalty was that of Gary Gilmore in Utah, who was executed by firing squad. Many think certain types of capital punishment, such as firing squads, may be cruel and unusual punishment, while other forms, such as lethal injections, may not be.

• What would make one form of capital punishment cruel and unusual punishment and a different form acceptable?

• What constitutes cruel and unusual punishment? What issues did the Supreme Court justices consider as they answered these questions?

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