Does the express enumeration of limited rights in the Bill of Rights frustrate the significance of rights constitutionally recognized but not expressly stated in the Bill of Rights?

INSTRUCTIONS:
The analysis should be no more than 3 double- spaced type-written pages
Your analysis
should be based on your understanding of the Constitution and certain Supreme
Court cases, if applicable. This is not a term paper, so do not spend
time looking for sources and references other than the provisions of the
Constitution and cases. Professor looks forward to
enjoying the freshness of your assessments, perspectives, and opinions, all of
which will help to enrich a collective global understanding of justice.

TOPIC:
Select one of the three topics below:

FIRST
TOPIC : THE CHEROKEE NATION V. STATE OF GEORGIA, 1831
Read
the case, summarize, identity outcome, including the following issues:
The
federal law that prompted this case
The
branches of government involved in this case
The
jurisdiction of the Supreme Court in this case (original or appellate
jurisdiction)
Explain your answer and identify
constitutional support, e.g. Article, Section, Paragraph).

SECOND TOPIC:
THE SUPREME COURT
Answer two
questions: 1) The supreme court is a branch of government that is independent
from the other two branches; 2) The Supreme Court is a branch of government
that is not independent from the other two branches. Some questions that you can ask and answer
follow:
What “say”
(direct or indirect) do the people have on who serves as a justice on the
Supreme Court and on the composition of the Supreme Court? Give
constitutional support. For example, do
“the people” have a vote, as do “the people” have a vote for the president and
congressional representatives? Which government branch nominates a
Supreme Court justice? Give constitutional support. Which branch of government gives approval for a Supreme Court justice? Give constitutional support. Which branch of
government has authority over the composition of the Supreme Court? Give
constitutional support. Based on the method in which the Supreme Court is
constituted, can it be independent or not? In answering this, explain
“packing the court”. Does the two-party system responsibly represent the will
of the people? Please refer to Articles I, II, III, IV, and VI. You may obtain some direction from one or
more of the following cases: Obergefell v. Hodges, United
v, Windsor, Brown v. Board of Education, Schenk
v. United States, Katzenbach v. McClung, New Times v. Sullivan, Heart
of Atlanta Motel v. United States, Loving v. Virginia, Scott
v. Sanford.

THIRD TOPIC: WHY THE BILL OF RIGHTS?
Read
Alexander Hamilton’s Federalist Paper #84.
What was Hamilton’s message? Did he think a bill of rights was needed?
Answer yes and answer no. Explain. Why did the Bill of Rights come after the Articles? Explain how the Articles and the Bill of
Rights were meant to work together. Discuss
the meaning of “We the People” in the Preamble. At the time of the
writing of the Constitution, whom did this phrase include, and whom did it
exclude? Give examples. Does the express enumeration of limited rights in the Bill of Rights frustrate the significance of rights constitutionally recognized but not expressly stated in the Bill of Rights? If not expressly stated in the Constitution,
how are fundamental rights recognized.
Give examples. Identify
references to individual rights directly in the Articles of the
Constitution. Give specific provisions,
and at least one Supreme Court case.

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