History 488
US Constitutional History
Research/ Policy Paper

Purpose of the Paper: This paper is intended to require you to think deeply about one current constitutional controversy and the historical background of that controversy. You will have nearly complete control in choosing the topic (in consultation with the Professor). Some guidelines about the topic, however, might be in order:

1. The topic should be both a current constitutional issue that the Supreme Court has recently considered, or is considering. Some suggestions include, but are not limited to; capital punishment, the right of privacy, eminent domain, hate speech, campaign finance issues, affirmative action, the right to die, medical marijuana, state’s rights and federalism issues, presidential power during wartime, Fourth Amendment issues, etc. When selecting a topic, you should choose a topic that you find interesting, and one that provides you with ample opportunity to explore the past history and current complexities of the issue.

Research Component of the Paper: This paper satisfies the writing flag requirement, and therefore is intended to be a full-fledged research project. You should be able to obtain most of your sources using the Krueger Library or the internet, but you may have to find primary sources elsewhere. [Be careful about the web sources. Insure that your statistics, facts and information gathered there are accurate and informed.]

Outline of Paper:

1. There will be essentially two parts of each paper. The first will describe the constitutional issue you will be addressing, and will establish an historical baseline for your discussion. For example, if you are discussion the right of privacy, you will want write about the early cases where the Court established the right and the rationale it gave. You may also want to use some sources that commented on the decisions contemporaneous with the decisions.

2. The second component will be an analysis of the current state of the constitutional landscape with respect to the issue you have chosen. Some possible avenues of introspection might be: What has changed, if anything? Why do you think the changes occurred? Where is the constitutional law headed with respect to your issue? What are the current controversies about your topic and how do they differ from earlier ones?

3. Finally, I want YOUR TAKE on the issue. You are free to dispute the current historical analysis and position, or support it, but you must use examples and evidence to do that. While this is your opinion, it must be a rationally expressed and articulated opinion supported by logical argument and solid evidence. You, however, can weigh what kind of evidence you wish to use to advocate your position. [Clue here: do not give me indecision—I want you to take a position.]

Paper Construction: The paper should be double-spaced, with regular margins and should run between 15-20 pages. That guideline is intended to allow you enough space to make a well-reasoned and articulate argument, but not carry on so that you get lost. You should include a title page with your title, name and date of submission. Proper style, grammar, footnotes and sourcing will be required. You should include a short (one-page) list of sources at the end of the paper.

Due Dates: The due dates for the emerging and final paper are as follows:

1. Topic chosen: September 16
2. Paper thesis (one-paragraph) September 23
3. Source bibliography due: November 7
4. First Draft to Professor for Comments
4. Class Critique Period (exchange of papers
and class critique) November 16-28
5. Final Paper Due: November 28