Chapter 1: The Constitutional Foundations
The historical background of the law and Constitutional law in the very first chapter! It is a treasure chest of information and ripe with controversy-exactly what our founding fathers envisioned. Put on your critical thinking hat and let’s get started!
Here are a few areas which you might want to discuss in a post or feel free to come up with something of your own that you find of interest in the chapter. Focus Questions 2, 3, 4, 5, and 6 are quite engaging.
Posts should be at least a paragraph.
Do you agree or disagree with the outcome of the cases in this chapter? Always love when cases are discussed, especially Classic Cases like Classic Case 1.2.
How powerful is the commerce clause? What is it and why?
What is a precedent? Why does it exist? When might a court deviate from it? Can you cite an example of when or why a court has done so?
In light of 9/11, do you think Americans should trade off some of their civil liberties?
Do you think that the right of free speech can or should be traded off to reduce violence in America?
What is free speech? What is symbolic speech? Can you yell FIRE at a crowded movie?
Do you think burning the American Flag is just legal, illegal and or anti-American?
Gun Regulation: Banning Assault Rifles and or certain types of magazines. Could this be construed as a violation of a 2nd Amendment Constitutional Right to bear arms?
REPLY- have one of your replies cover the Practice and Review Hypo on page 26.
What exactly is due process and equal protection all about? What are the 3 different tests/standards used to determine if a law violates the equal protection? What are your thoughts on the Practice and Review Hypo about banning motorcycle helmets?
