Assignment 2 Essay example

Submitted By Wahid-Maqsood
Words: 1085
Pages: 5
Open Document
Student name:
Ihtishaam Ali
Date submitted:
3/8
Chapter:
2

Chapter Review Questions
Questions are at the end of each chapter under the “For Review” heading

1.
The federal government consists of three distinct branches: legislative, executive and judicial, whose powers are vested by the U.S. Constitution in the Congress, the President, and the federal courts, including the Supreme Court.

2.
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes

3.
The supremacy clause Article. VI.

4.
The Bill of Rights is the first ten amendments to the constitution
The freedoms are;
Freedom of religion
Freedom of assembly
Freedom of the press
5. 14th amendment

Case Problem Write-up and Analysis
Questions are at the end of the chapter under the “Business Scenarios and Case Problems” heading

Case Problem number/page:
2-1 58

Case Name—List the names of the plaintiff and defendant.
Estrella v. Bay City

Facts—Describe the relevant facts of the case in order of their importance.
Supporters of mayoral candidate Donita Estrella want to post campaign signs on street lights and utility posts. Bay City ordinance prohibits the posting of signs on public property

Issue—What is the legal issue or problem presented that needs resolution? What is the dispute between the parties?
The plaintiffs’ feel that the city ordinance violates the right of free speech; while, Bay City believe the ordinance is necessary to improve the appearance of the city.

Rule of law—What legal principals or rules of law should be applied to the facts to decide the legal issue presented? Write and describe the rule of law you identified and cite the textbook page number.
Police powers are possessed by the states as part of their inherent sovereignty

Analysis—Describe how the law applies to the facts of the case. Give both sides.
The police powers grant the city the right to regulate private activities such as posting signs on public property. However, First Amendment guarantees the freedom of speech and Article VI of the Constitution (supremacy clause) states that the Constitution is the supreme Law of the land. When speech restrictions are not content-neutral, they are subject to strict scrutiny. To be upheld as constitutional, such restrictions must 1) advance a compelling governmental interest and 2) be no more restrictive than necessary to advance that interest.
However, when such restrictions are content-neutral and not aimed at a specific message, they are subject to the rational basis test: whether, on balance, the restrictions a reasonable governmental interest.

Conclusion—What legal conclusion do you draw? How does the rule of law you cited support this conclusion? while the defendant does have the right to regulate private activities based on the police powers. I feel that the plaintiff is correct in stating a violation of the First Amendment because the supremacy clause states when there is direct conflict between federal law and state law, the state law is rendered invalid.

Case Problem Write-up and Analysis
Questions are at the end of the chapter under the “Business Scenarios and Case Problems” heading

Case Problem number/page:
2-3 58

Case Name—List the names of the plaintiff and defendant.
NYC vs Adele Buzzeti

Facts—Describe the relevant facts of the case in order of their importance.
The ordinance only included laws regarding females and did not mention male dancers

Issue—What is the legal issue or problem presented that needs resolution? What is the dispute between the parties?
The ordinance violated the equal protection clause.

Rule of law—What legal principals or rules of law should be applied to the facts to decide the legal issue presented? Write and describe the rule of law you identified and cite the textbook page number.
Equal protection clause
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