chapter questions 5
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4. Do you think the U.S. Supreme Court makes law when it interprets the U.S.
Constitution? Explain
. I do think so, and can only be changed by making a constitutional amendment or new ruling.
5. What is the doctrine of stare decisis? Why is this doctrine important?
The doctrine of stare decisis means to stand by things decided in Latin and so it is a legal doctrine that requires courts to follow the previous cases when
making a ruling on a similar case. It is important so that we make legal and judicial courts more efficient.
7. What is the purpose of the doctrine of checks and balances? Can you give any examples where one branch of the government limits the power of another branch of the government? It is a doctrine that separates the three branches of government into executive and legislative and judicial branches. Presidential veto is one example of checks and balances.
10. The First Amendment to the U.S. Constitution contains the Freedom of Speech Clause. Explain the differences between fully protected speech, partially protected speech, and unprotected speech.
The First Amendment protects speech that is used to pursue political, social, economic, educational, religious, and cultural ends. Partially protected speech is slander and libel and fighting words and hate speech. Unprotected speech is yelling fire in a crowded room and true threats and false advertising.
11. The U.S. Constitution guarantees freedom of religion. Explain the difference between the Establishment Clause and the Free Exercise Clause. Can you give a possible example of a legitimate government restriction of religious practice?
The difference between the free exercise clause is the right to believe and practice the faith and not according to the dictation of conscience the Establishment Clause bars and government from taking sides in religious disputes or favoring disfavor anyone based on religious belief or that lack thereof. An example of prohibitions on child marriage, polygamy, or female genital mutilation
1.
Are there any ethical issues in expressing one’s personal feelings while
working on a case? What if you have strong feelings against the client’s position?
You took an oath so you need to put your feelings aside and help your client the best that you can.
Obergefell v. Hodges
135 S.Ct. 2584, 2015 U.S. Lexis 4250 (2015)
Supreme Court of the United States
Read the following excerpt from the U.S. Supreme Court’s opinion. Review and brief the case. In your brief, answer the following questions.
1. What does the Due Process Clause of the Fourteenth Amendment provide?
2. What does the Equal Protection Clause of the Fourteenth Amendment provide?
3. What were the issues that the U.S. Supreme Court was asked to decide?
4. What decision did the U.S. Supreme Court reach? What reasoning did the Supreme Court use in reaching its decision?
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