CourtsInterpretingTheLaw.docx
Courts Interpreting The Law
Overview Of The Law
In Chapter 1 of your e-textbook, you covered cases, which are opinions written by judges. (See Chapter 1, pg. 6). The cases represent a substantial part of the law that exists in the U.S. While state courts have a very wide range of areas they can render opinions on, the federal court system's primary law-making area are disputes that require the interpretation of the U.S. Constitution and federal law. The factual scenario below provides a good example of how the federal courts interpret laws and write opinions. In that scenario, a state has passed a law that a citizen believed was unconstitutional. That person filed a lawsuit in federal court challenging the law, and the lawsuit has made it up to the U.S. Supreme Court. As part of the Court's decision, they will need to interpret an amendment to the constitution, and if there is a majority on the Court that agrees on both the interpretation and how that interpretation will resolve the dispute, they will write an opinion that will be published. That published opinion becomes law, and the Court's interpretation of the amendment will be the amendment's meaning for all future cases.
Factual Scenario:
You have just been appointed Associate Justice to the U.S. Supreme Court and a new case has come up involving a state's law attempting to regulate both the sale and ownership of firearms in the State of Confusion (the 51st state of the United States). One of the key legal issues requires the Court to determine the definitional meaning of the Second Amendment to the U.S. Constitution, and this is, in fact, one of the law-making functions of the federal courts generally and the Supreme Court specifically. That is they get to decide what both the language in federal laws and in the U.S. Constitution mean. And in this case, you must define what the Second Amendment means in terms of a state's right to regulate the ownership and sale of firearms within its boundaries.
The language of the Second Amendment is as follows: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The two major opposing interpretations of the 2nd Amendment's meaning are as follows:
Interpretation #1: That the key phrase in the amendment is the first clause, "A well regulated Militia", and therefore when the amendment also talks about "the right of the people to keep and bear Arms", it is referring to a state's right to maintain a militia and not an individuals right to own firearms. As such, states would be free to pass any laws they wish limiting the ownership and/or sale of firearms within the state; or
Interpretation # 2:. The phrase, "the right of the people to keep and bear Arms" is a standalone clause in the amendment, and therefore, the amendment confers a personal right of people in the U.S. to own firearms. As such, states have very limited rights, if any, to regulate the ownership and/or sales of firearms by their citizens.
Discussion Question:
Pick one of the two major opposing interpretations above and argue in favor of it to your fellow justices. While in reality, the Supreme Court has ruled on this issue, for the purpose of this discussion we will assume they have not. Therefore, there is no "correct position", it is simply how convincing you can be to your other justices. Please remember, that this is not about your personal preferences or views. You are a judge and you need to argue from the meaning of the text. In other words, look at the language of the Second Amendment and determine what it means in terms of the two major interpretations listed above.
Get Your Paper Before the Deadline. Our Services are 100% private and Confidential
Useful Links That Will Help You Around
Link to new order https://studentsolutionsusa.com/orders/stud/new
link to login page https://studentsolutionsusa.com/orders/login
New user registration link https://studentsolutionsusa.com/orders/register
Forgot Password https://studentsolutionsusa.com/orders/forgot/password
FREQUENTLY ASKED QUESTIONS
Question: How does this work?
Answer: Good Question. We are a group of a freelance board of students and professional essay writers. At our website, you may get help with any type of academic assignments: essay, coursework, term paper, business plan, case study, article review, research paper, presentation, and speech. Top writers can help with complex assignments such as dissertations, thesis papers, etc. All of them are professionals possessing excellent knowledge in their field of expertise, perfect writing skills, quality, and speed. When you place an order on our website, we assign it to the best writer. Once the writer finishes the work, the paper is submitted to our quality assurance desk who go through it and ensure it is unique and plagiarism free and that the instructions were followed to the detail. After this step we upload the paper in your account, we also send a copy to the email that you used to register the account with. we can guarantee you that the paper will be 100% plagiarism free. Besides, our services are 100% private and confidential
Question: How do I place an Order after getting to the order page
Answer: There are three major steps in the ordering process
Step 1 ....................................................paper details In this step, you will fill in the instructions of your paper; you can upload any materials that you feel will make your assignment a success. Besides, you can also email us at [email protected] Remember to specify the correct academic level. Please note that sources mean the number of references.
Step 2...................................................... Price calculation Kindly specify the number of pages, type of spacing and the correct deadline. This step will give you the estimated cost minus discount -- you may add the extra features if you wish.
Step 3 ....................................................discount and payment Use the discount code HAPPY2018 to enjoy up to 30% discount of your total cost After this step, proceed to safe payment; you can checkout using your card or PayPal Please note we will send the complete paper to the email you will provide while registering. A copy will also be uploaded to your account
Question: How will I know when my paper is complete? or How will I get the complete Paper?
Answer: Once we are done with the paper, we will be uploaded to your account. A copy will also be sent to the email you registered with. We can guarantee you the following:- 1. Our service is private and confidential; we don't spam or share your contacts with anyone 2. The final paper will be plagiarism free. We will send a Turnitin Report to the email you registered with 3. At our company, willing to do free unlimited revisions until you are satisfied with your paper
Question:- Am a new client, How can I get the guarantee that the paper will be completed and sent to me before my deadline?
Answer: Thank you for expressing your concerns. We would love to have you as our loyal customer. We are certain if we do good work, you will come back for me. Besides, you will give us referrals to your friends and family. For that reason, we can’t fail to deliver your paper within your specified time frame. We will ensure we submit the paper on time so that you can have enough time to go through it, if you have problems with the paper delivered, you can request a free revision. You are entitled to as many revisions as you would wish until you get a paper that satisfies you
Useful Links That Will Help You Around
Link to new order https://studentsolutionsusa.com/orders/stud/new
link to login page https://studentsolutionsusa.com/orders/login
New user registration link https://studentsolutionsusa.com/orders/register
Forgot Password https://studentsolutionsusa.com/orders/forgot/password
