Law and the American Legal System Chapter Case Questions
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Apr 3, 2024
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Case Study 1). The Bill of Rights in the United States Constitution guarantees and protects natural rights.
However, it did not always contain the Bill of Rights. Initially, the Founding Fathers did not deem it necessary to include the Bill of Rights as they felt the people’s rights were already protected through the Constitution. It was later viewed that the Constitution alone could be misinterpreted, could give the people the impression their rights were limited, or be potentially overreaching. The Founding Fathers were influenced by John Locke’s philosophy on natural law and rights, politics, and justice, and even used theories from Locke’s Treatise of Government (1689) in the Declaration of Independence and the Constitution. Locke believed all people are “entitled to life, liberty, and property” and his theories helped the Founding Fathers into looking further into establishing citizens’ rights (
How John Locke influenced the declaration of independence). Lock was heavily “guided by his deeply held
religious commitments,” and believed following God’s law was the example in order to live freely and in morality (The Editors of Encyclopaedia Britannica). This consisted of being civil towards one another, generate equality among society, rights within one’s actions or property, etc. His beliefs constructed the ideal laws, rights that coincide with the laws of nature, and societal nobility the Founding Fathers wanted citizens and the federal government to follow. This
is where the Bills of Rights was established by listing the amendments that guarantee the rights of all citizens. To this day, the Bill of Rights remain vital within society. Case Study 2). The United States Congress has enacted a federal statute that bans public school employees from participating in all Christian prayer on public school property. According to the First Amendment Free Exercise clause, “citizens have protected rights to practice their religion as they please so long as it does not run a foul of public morals or a compelling governmental interest,” and enacting this statue would be a violation of this clause (First Amendment and Religion). There is an established freedom to worship as we choose, and enacting this ban eliminates our right to do so. Religious practices, such as praying, is sacred, as long as it is not prioritized over a public-school employee’s duties or used in order to feel or become entitled to rule over or go against school regulations. In the case of Kennedy v Bremerton, a coach was fired after refusing to stop praying after
a football game. Being that his prayers were conducted after a school event, the court viewed Kennedy’s termination for his actions as a violation of his first amendment rights and ruling against him would authorize offenses for other religious practices, such as wearing head scarfs in
school or meditation. For this, schools are looking to “expand the free speech rights of teachers and government employees as they ruled Kennedy’s speech as private and on a matter of public concern,” as there cannot be discrimination and punishments for religions or their practices (Dunn, 2022). To this day, public school employees and students are granted moments of silence through announcements or school related activities which they can still use for praying opportunities.
Case Study 3). Most, if not all, contracts for cell phone carrier plans include an arbitration clause that is non-negotiable between the cell phone carrier and the customer; thus, requiring the customer to agree to the arbitration clause to purchase a cell phone plan. However, if a customer agrees to the
terms of the contract, they could be waiving their constitutionally protected rights. Cell phones are becoming a requirement to participate in society. It helps them feel connected, inspired to work with all the essential apps, and sense of security in emergencies with
health apps or emergency functions. Yet, when customers sign their contracts, they could experience many complications, such as increases in rates and fees leaving customers to pay more, unexplainable plans that were not requested, or renewed plans that were previously cancelled. Arbitration, the alternative dispute resolution that consists of “a private process where disputing parties agree that one or several individuals can make a decision over a dispute,” can be unknowingly presented to customers when signing their contract (Arbitration). It is difficult for customers to dispute the complications that have arisen in their carrier plans, as their rights are waived. In turn, they could be locked into their contracts or accounts, leaving them unable to switch carriers or forced to pay. The contract is also nonnegotiable; thus, the cell phone carrier would have reduced liability over the customers claims.
References:
Arbitration - american bar association. (n.d.). https://www.americanbar.org/groups/dispute_resolution/resources/disputeresolutionprocess
es/arbitration/
Dunn, J. (2022). The First Amendment’s Establishment Clause Doesn’t Suspend Free Speech and
Free Exercise Rights, Supreme Court Rules.
Education Next,
22
(4) https://lopes.idm.oclc.org/login?url=https://www.proquest.com/scholarly-journals/first-
amendment-s-establishment-clause-doesn-t/docview/2733271703/se-2
The Editors of Encyclopaedia Britannica. (n.d.). Two treatises of Government
. Encyclopædia Britannica. https://www.britannica.com/topic/Two-Treatises-of-Government
First Amendment and Religion
. United States Courts. (n.d.). https://www.uscourts.gov/educational-resources/educational-activities/first-amendment-
and-religion#:~:text=The%20Free%20Exercise%20Clause%20protects,a
%20%22compelling%22%20governmental%20interest
.
How John Locke influenced the declaration of independence
. John Locke Foundation. (2022, March 28). https://www.johnlocke.org/john-locke-and-the-declaration-of-independence/
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