Constitutional Law for Criminal Justice

Answer each question thoroughly and provide the requested information as necessary.  The assignment is due on tomorrow, Tuesday, November 18, 2013 at 5:00pm CST.  If you feel you are unable to have this assignment completed by the requested time, please do not send a handshake or express interest.

 

1.  Why were the framers of the Constitution concerned about the central government having too much power? How did they address that issue? Include proper in-text citations in APA format to support your answer.

2.  Where in the U.S. Constitution is the Necessary and Proper Clause found?  What authority stems from the clause?  Include proper in-text citations in APA format to support your answer.

3.  What concept was established by the decision in the case of Marbury vs. Madison?  What has that concept meant to the development of constitutional law?  Include proper in-text citations in APA format to support your answer.

4.  Describe the original and appellate subject matter jurisdiction of the U.S. Supreme Court?  Include proper in-text citations in APA format to support your answer.

5.  What is executive privilege and when does it apply?  Include proper in-text citations in APA format to support your answer.

6.  Why did the U.S. Supreme Court once rule that the federal income tax was unconstitutional?  How did Congress react?  Include proper in-text citations in APA format to support your answer.

7.  What does the Dormant Commerce clause provide?  How does it apply to states’ ability to make laws?  Include proper in-text citations in APA format to support your answer.

8.  How does being a market participant affect the right of a state to discriminate against out-of-state businesses?  Is such discrimination justified?  Include proper in-text citations in APA format to support your answer.

9.  Where does Congress get the power to enact civil rights legislation?  If that right is not specifically enumerated in the constitution, how can we know that protection of civil rights – specifically the prohibition against discrimination – was intended by the framers of the Constitution?  Include proper in-text citations in APA format to support your answer.

10.  Is “Affirmative Action” allowable discrimination?  Putting aside the question of how effective affirmative action is, is it logical for government to sanction some discrimination and prohibit other discrimination?  Include proper in-text citations in APA format to support your answer.

11.  The case of Kelo vs. City of New London recently gave the US Supreme Court the opportunity to deal with the main issues involved in the exercise of the power of eminent domain.  What were the main issues that the court dealt with in that case?  How did the court resolve the issue?  Include proper in-text citations in APA format to support your answer.

12.  What standards does the US Supreme Court use when it reviews a law for substantive due process violations?  What kinds of laws have been found to violate substantive due process?  Include proper in-text citations in APA format to support your answer.

13.  The freedom of religion guarantee in the First Amendment is actually two different guarantees.  What are those two guarantees and how do they differ?  Include proper in-text citations in APA format to support your answer.

14.  Does the right of privacy include the right to die?  What limitations has the US Supreme Court put on the right to die?  Does government have a legitimate interest in becoming involved in an issue as personal as the right to die?  Include proper in-text citations in APA format to support your answer.

15.  The US Supreme Court has often dealt with the question of whether the death penalty is cruel and unusual punishment, sometimes seeming to hold that it is cruel and unusual punishment and sometimes seeming to hold that particular ways of administering the death penalty are cruel and unusual.  Where does the law currently stand on whether the death penalty is cruel and unusual punishment?  Include proper in-text citations in APA format to support your answer.

16.  The courts have dealt with the issues of search and seizure often, and the law concerning search and seizure is often confusing.  Is the exclusion of evidence that is obtained through an improper search the appropriate response to an improper search or is there a better way to deal with such situations?  Include proper in-text citations in APA format to support your answer.