Weekly Activities for May 18th- 22nd
Electoral College: The Constitution established the electoral college but is it the best way to elect a president. Watch the video below and study the graphics and tell me what you think.
How the Electoral College Works
The Trouble with the Electoral College

States that Elect the President
Fictional Case # 2
Lincoln School District v. Joe Stayley
Question:Did Lincoln High Schools dismissal of Joe Stayley for wearing attire against school rules violate his 1st and 14th Amendment right of symbolic speech?
Schools rule: Students may be suspended or excluded from attending classes when, in the opinion of the building principal, the student wears clothing that disrupts the educational purpose. (Rule in student handbook)
Joe Stayleys’ attire: A shirt with the large letters on back “RELIGION = WAR”
Background:
Mr. Joe Stayley, a 15-year-old sophomore at Lincoln Public High School, wore a shirt (described above) to his public high school. Most of Mr. Joe Stayley’s classmates are Christians. However, Mr. Joe Stayley and his parents are atheists. Mr. B.Z., Lincoln’s principal, asked Joe Stayley to go home and change the shirt (noon). Joe Stayley put his jacket over it.
Mr. B.Z. saw Joe Stayley with the same shirt on two weeks later at lunch time and called Joe Stayley into his office after one student complained about the shirt. Mr. Joe Stayley was then suspended from school and suspended for 3 days. Mr. B.Z. claimed that the shirt could have caused a disruption among students. Joe Stayley’s teachers testified in lower court that they were not aware of any disruptions at the school and that there were no disruptions in their classroom when Joe Stayley wore the shirt to class. Mr. B.Z. testified that he was concerned for Mr. Joe Stayley’s safety.
Nebraska’s Supreme Court heard the appeal and ruled that the school rules were constitutional and they were protecting the educational atmosphere. Mr. B.Z. testified that one student came to him and complained that the t-shirt offended him. Therefore, the court ruled that symbolic speech of the T-shirt could have interfered with the education of others.
The Federal Court of Appeals overturned the State’s ruling stating that Joe Stayley’s constitutional rights were violated when asked to take off the shirt and then suspended. Ruling: The shirt was symbolic speech protected by the 1st and 14thAmendments. The school rule is too vague when giving restrictions based upon the principles “opinion”. They also ruled that religious speech and political speech are protected in the public schools, which would include Joe Stayley’s shirt. The assumption of the disruption of “educational purpose” went too far.
U.S Supreme Court agreed to hear the case:
Joe Stayley: Argue that the 1st and 14th protects a student’s freedom of symbolic speech. You may also argue that the “rule” violates student’s rights because it is too vague and gives too much constitutional overreach to the principal’s religious views.
Lincoln School District: Argue that the school/educational system has an obligation to the student and the educational purpose along with the atmosphere of learning. Joe Stayley’s shirt could cause harm to him and cause other students to be distracted.
Fictional Case #4
Virginia v. T.J.
Question:
Does the death penalty sentence given to T.J. violate his constitutional rights? Pick a side and explain
Background:
18-year-old T.J. and 30-year-old Justin Willing had entered the mini-mart in Virginia at 1:00 p.m. Justin Willing was holding the gun and made all of the demands. When Walter, the store owner, refused to give him the money and items Justin shot him. While Justin was cleaning out the cash register a 4-year-old girl in the store was screaming out of control. Justin told T.J. to shut the girl up. Justin then gave another gun to T.J. T.J. took the gun, but held his hand over the girl’s mouth in an attempt to shut her up. The girl bit T.J.’s hand. He removed his hand and the girl started to scream. Justin swung around, with the gun in his hand, and yelled that T.J. would shut her up. T.J. shot the girl. The police responded and detained Justin and T.J. The ambulance was called, but the girl could not be saved.
Justin was given life in prison, without the chance of parole, in exchange for his testimony against T.J. The prosecution in the case felt that more witnesses were needed to put the death penalty on the table.
Walter Shillman, the store owner, survived and also testified that he saw T.J. shoot the girl among 5 other witnesses.
T.J. was sentenced to 1st degree murder and sentenced to death for shooting the girl. A two-stage approach and all current court procedures were followed by the State.
T.J. has an I.Q. of 72. He has been in special education classes all of his life and repeated I.Q. tests in the past has shown his I.Q. to be between 70-72.
T.J. lost an appeal at the State Supreme Court. He appealed to the U.S. Court of Appeals.
The U.S. Court of Appeals overturned the State decision and believed that the death penalty was cruel and unusual under the 8th and 14th amendments.
Virginia appealed the decision to the Supreme Court.
The Supreme Court has agreed to hear the case. (Granted Writ of Cert)
Arguments:
T.J. – Against the execution(8th and 14th amendments).
NOTE: May argue completely against the death penalty, just in the case of T.J., and/or that the I.Q. standard should be changed for all individuals. MUST LET THE OPPOSING SIDE KNOW WHICH POSITION YOU WILL TAKE.
Virginia – Argue for the death penalty; especially in the case of T.J.