Explain checks and balances and how that applies to judicial review. Do you think judicial review gives the judicial branch more power than the other branches of government?
DQ1 Explain checks and balances and how that applies to judicial review. Do you think judicial review gives the judicial branch more power than the other branches of government? Why or why not?
DQ2 Compare and contrast the viewpoint of the Federalists with that of Jefferson’s view of the power of the federal courts.
JUS531 CONSTITUTIONAL ISSUES IN CRIMINAL JUSTICE
Week 2 Discussion
DQ1 Should the Supreme Court have the authority to review the decisions of the executive branch? What risk is there, if any, to the president’s power as commander-in-chief and head of national security?
DQ2 What consequences might have developed if President Richard M. Nixon refused the Court’s order to turn over the tapes?
JUS531 CONSTITUTIONAL ISSUES IN CRIMINAL JUSTICE
Week 3 Discussion
DQ1 Do the opinions of the Supreme Court give too much power to the federal government, too little power, or about the right amount? Give examples from Supreme Court cases to support your position.
DQ2 What is the significance of the Supreme Court’s decision in the case of McCulloch v. Maryland?
JUS531 CONSTITUTIONAL ISSUES IN CRIMINAL JUSTICE
Week 4 Discussion
DQ1 What was the purpose of the 14th Amendment?
DQ2 Why were the provisions of the 14th Amendment not included in the original Bill of Rights?
JUS531 CONSTITUTIONAL ISSUES IN CRIMINAL JUSTICE
Week 5 Discussion
DQ1 Do you think the language of the statute that the Supreme Court was interpreting in the Schenk case would be considered valid today? Would the language in The Espionage Act of 1917 pass the clear and present danger test today?
DQ2 Why do you think the Supreme Court extended some of the protections of the Bill of Rights to the states through the 14th Amendment, but not others? Why should the Court be selective?
JUS531 CONSTITUTIONAL ISSUES IN CRIMINAL JUSTICE
Week 6 Discussion
DQ1 Do you think the intent of the Establishment Clause was to prohibit the government from giving any aid to public institutions that include religious education? Why or why not?
DQ2 Discuss the three tests as defined by the court in the Lemon case. Do you think these three cases inhibit freedom of speech? Explain your answer.
JUS531 CONSTITUTIONAL ISSUES IN CRIMINAL JUSTICE
Week 7 Discussion
DQ1 Explain the difference between substantive due process and procedural due process. Give examples of both.
DQ2 Why do you think the Supreme Court moved so slowly in extending the due process clause to the states?
JUS531 CONSTITUTIONAL ISSUES IN CRIMINAL JUSTICE
Week 8 Discussion
DQ1 Explain the difference between the rational basis test and the strict scrutiny test and how each impacts the burden of proof.
DQ2 What kinds of classifications do you think the Supreme Court should examine based on the 14th Amendment? Are there any classifications that the court has not reviewed that you think should be reviewed?
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