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Posted: May 17th, 2021
(1)In your reading from week 2, you read, “The Supreme Court in the American System of Government”. On this webpage, you read an excerpt by Retired Chief Justice Charles Evans Hughes on the role of the Supreme Court. Based on this and all of your other readings thus far in this course, please answer the following questions.
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/supremecourtintro.html (hyperlink to answer question 1)
1. What is the role of the Supreme Court?
2. What is meant by “Judicial Review”?
3. Explain the two theories of constitutional interpretation, the “living constitution” and “originalist”. Which theory do you believe is the correct theory to follow?
Please remember to list your references at the end of your submission in Bluebook format. Your answer should contain a minimum of 350 words.
(2)In week 3 of this course, you were to read the case of Morse v. Frederick, 551 U.S. 393 (2007). In your own words, describe the facts of the case, the issue, and the holding. (http://caselaw.findlaw.com/us-supreme-court/551/393.html) hyperlink to answer question 2.
What specific section(s) of the Constitution was involved in this case? Based on the language and intent of the Constitution, do you agree with the ruling of this case?
If you were a Justice on the Supreme Court at the time of this case, would you be in the majority of the dissent?
Please discuss fully.
Remember to list your references in Bluebook format and that your answer should be at least 350 words.
(3)This last essay question pertains to the 2nd Amendment. Even though this Amendment continues to be reviewed in cases before the Supreme Court, there still seems to be little to no definitive decision by the courts of what is specifically included in right the Second Amendment protects.
Discuss fully the two main sides of this debate. What are two perspectives as to what the 2nd Amendment protects and what evidence/ arguments do those two sides make to support their stance? What stance do you find most convincing and why?
Be sure to back up your discussion with references listed in Bluebook format. Note that your answer should contain at least 350 words.
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