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Chapter 6 The Constitution
What is unique about the U.S. Constitution? How does the U.S. Constitution map the unique structure of the Federal government?
What do we mean when we refer to the Division of Powers or the Separation of Powers?
The U.S. Constitution both defines and maps the structure, function and powers granted and reserved by the Federal government.
The U.S. Constitution is supreme over all laws and federal law takes precedence over a conflicting state or local law.
The separate branches of government [executive, legislative and judicial] are separate and co-equal.
The Federal government is granted the power to regulate foreign commerce and interstate commerce.
While the original seven constitutional articles define and describe the structure and powers of the U.S. government, the later amendments addressed concerns regarding the limits of those powers.
Some highlights:
1st Amendment: religion and speech protections
2nd Amendment: the right to possess guns
4th Amendment: the right to freedom from unreasonable search and seizure
5th Amendment: takings and eminent domain, right against self incrimination
6th Amendment: the right to jury trial, counsel
13th Amendment: anti-slavery
14th Amendment: due process of law and equal protection
Chapter 6 – Constitutional Law
Brief Snyder v. Phelps 131 S.Ct. 1207 (2011)
Read and study Appendix I: Briefing and Legal Study Tips pp. 711-712
Prepare a Case Brief of
Snyder v. Phelps 131 S.Ct. 1207 (2011) case 6.1 on page 164
Mail your Case Brief as a .pdf attachment
As you read Snyder v. Phelps consider the following:
– What court decided this case?
– Who is writing this decision?
– What is the source for the rule(s) of law relied upon by the writer? What section(s) of the law are the focus of this decision?
– What is the larger meaning of this decision and how might this decision positively or negatively impact the society at large?
Complete
all weekly Discussions assignments.
Post to Discussion Board one (1) webliography assignment from Chapter 6