Constitutional Law Week 3 chapter 9,10,11 questions for analysis

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Need the answer for the above chapter before midnight on Sunday. I attached a file with the questions that need to be answer for each chapter. please let me know if this can be done before my deadline. Need he answers in a word document.

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Title	• Constitutional Law, Principles and Practice, 2nd Ed.
Author	• Joanne Banker Hames and Yvonne Ekern
ISBN	9781111648541

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Questions for Analysis 1. The Supreme Court upheld laws that regulate the following: • minimum wage requirements • child employment restrictions • workers' compensation laws collective bargaining requirements • price controls How does each of these restrict an individual's liberty? What is the state interest to be protected by such laws? 2. Because of health costs, Congress proposes to limit the amount of damages recoverable in a medical malpractice case. In fact, some states have such laws now. In light of the holding in Duke Power Co. v. Carolina Envtl. Study Group, do you think laws limiting damages in medical malpractice cases are constitutional? Explain your answer. 3. Answer the following questions based on City of Chicago v. Morales, 527 U.S. 41 (1999): a. Did Chicago have a legitimate government interest in passing the loitering ordinance? b. What was the constitutional due process problem with the ordinance? 4. Why did Justice Scalia dissent in Roper v. Simmons? Questions for Analysis 1. Review the situation described in Living with the Constitution at the beginning of this chapter. Does the rent con- trol ordinance involve (a) a violation of due process, (b) a taking without just compensation, or (c) a violation of the Contract Clause? Discuss. 2. Answer the following questions about Lochner v. New York: a. The Court describes certain kinds of contracts that are not protected by the Constitution. What are they? b. Why did the Court think the police power was exceeded by New York? c. Why did Justice Harlan dissent? 3. According to the Court in Nebbia v. New York, what are some ways that the government can curtail the use of private property? 4. Several cases in this chapter mention state “police power.” What does this mean? Questions for Analysis 1. Why did the Supreme Court believe that burning the American flag was protected by the First Amendment but that burning a draft card was not? 2. According to the Supreme Court in Miller v. California, what are the guidelines for determining obscenity? Do these standards work for obscene material posted on the Internet? 3. According to Gertz v. Robert Welch, Inc., what makes a person a public figure? 4. Both R.A.V. v. City of St. Paul and Wisconsin v. Mitchell deal with ordinances based on racial prejudice. Why did the Court find one statute invalid while the other was valid? 5. Several Supreme Court cases dealing with freedom of the press are highly critical of laws that impose a prior re- straint on the press. What is meant by “prior restraint,” and why is the Court so critical of such rules? 6. In Citizens United v. Federal Election Com’n, 558 U.S. --, (2010), why did the Court uphold part of a statute requiring disclosure of certain independent expenditures for political campaigns while striking down the part pro- hibiting corporate campaign contributions? 7. How did the Court distinguish United States v. Williams, 553 U.S. 285 (2008), from Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002)? 8. Explain why the public forum doctrine" is not applicable to monuments on public property. See Pleasant Grove City, Utah v. Summum, 555 U.S. 460 (2009).
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Explanation & Answer

Attached.

Running head: CONSTITUTIONAL LAW QUESTIONS

Constitutional Law Questions for Analysis
Name
Institution
Date

1

CONSTITUTIONAL LAW QUESTIONS

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Questions for analysis 1
Question 1
Individual liberty outlines the underlying freedom which influences an individual
wellbeing and thus creates a highly integrated setting where it is easier for individuals to makes
their own free decisions without restrictions. The minimum wage requirement provides critical
focus where employers are required to pay their employees a certain wage limit in order to control
exploitation of employees across different work places. Therefore individual are expected to work
based on the minimum wage requirements that have been put in place.
Child employment restriction limit the ability of a child to be employed and thus there are
legal consequences if an organization does not comply with these laws. The child employment
restriction laws restrict individuals under 16 years from employment. Therefore, an individual
below 16 years have their individual liberty restricted.
Workforce compensation laws provide a clear influence on the level of influence especially
when an individual is injured as a direct result from their work. The workforce compensation laws
provide clear understanding on the need to develop an integral understanding on how workers are
influenced within workforce. Therefore, individual liberty based on these laws is limited to the
specific provisions that have been put in place which guide the workforce commitment.
Collective bargaining requirements provide a collective representation of grievances
within a given workforce as fronted by employees. This means that individual preferences are not
significantly taken into consideration since the common issues are addressed. Therefore, the
collective bargaining laws limit the ability of an individual to have their specific issues addressed.

CONSTITUTIONAL LAW QUESTIONS

3

Price controls have been put in place to help prevent consumer exploitation and thus as
much as a seller might have the power to set prices for their products or services, they are limited
within the set limits based on the level that they could have a higher level of engagement. Thus,
individual liberty is restricted in this case due to the inability of sellers to set their prices beyond
the price limits that have been put in place.
States have significant interest in being protected by these laws in creating a highly
engaged and restricted operational environment where individuals comply with the existing legal
processes that have been identified. Thus, implementation of such laws provide a better operational
platform where the interests of everyone within the society are protected.
Question 2
Limiting damages in medical malpractices are unconstitutional. The implementation of
such laws means that protecting human life is not very important compared to the increasing cost
of healthcare. The preference to limit the costs rather than ensuring that the existing medical
malpractices are limited is a deviation from the freedoms and rights as enshrined within the
constitution. Maximizing the damages in medical malpractice cases will ensure that medical
practitioners are more careful in carrying out medical procedures as well as seek to increase the
quality of healthcare. The decision that is made in the Duke Power Co. v. Carolina E...