Chapter 1: The Constitutional Foundations

The historical background of the law and Constitutional law in the very first chapter! It is a treasure chest of information and ripe with controversy-exactly what our founding fathers envisioned. Put on your critical thinking hat and let’s get started!

Here are a few areas which you might want to discuss in a post or feel free to come up with something of your own that you find of interest in the chapter. Focus Questions 2, 3, 4, 5, and 6 are quite engaging. For each chapter, I will start you off with Chapter Discussion Topics. Posts should be at least a paragraph.

-Do you agree or disagree with the outcome of the cases in this chapter? Always love when cases are discussed, especially Classic Cases like Classic Case 1.2.

-How powerful is the commerce clause? What is it and why?

-What is a precedent? Why does it exist? When might a court deviate from it? Can you cite an example of when or why a court has done so?

-In light of 9/11, do you think Americans should trade off some of their civil liberties?

-Do you think that the right of free speech can or should be traded off to reduce violence in America?

-What is free speech? What is symbolic speech? Can you yell FIRE at a crowded movie?

-Do you think burning the American Flag is just legal, illegal and or anti-American?

Gun Regulation: Banning Assault Rifles and or certain types of magazines. Could this be construed as a violation of a 2nd Amendment Constitutional Right to bear arms?

REPLY- Please have one of your replies cover the Practice and Review Hypo on page 26. I would like half the class with last name A-M to make a case that it violates the law and the other half N-Z to make a case that it does not.

What exactly is due process and equal protection all about? What are the 3 different tests/standards used to determine if a law violates the equal protection? What are your thoughts on the Practice and Review Hypo about banning motorcycle helmets?