Sanrith Descartes
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Constitutional Law for dummies
- Thread starter Sanrith Descartes
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Guest, it's time once again for the massively important and exciting FoH Asshat Tournament!
Go here and give us your nominations!Who's been the biggest Asshat in the last year? Give us your worst ones!
Cad
scientia potentia est
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Yea I'd question that entire paper when it starts out saying the Federal Govt. is authorized to enforce quarantines under the commerce clause with no analysis and no citation to SCOTUS holdings.
The commerce clause literally says "To regulate commerce with foreign nations, and among the several states, and with the Indian tribes"
And that paper says:
"Federal quarantine and isolation authority derives from the Commerce Clause of the U.S. Constitution"
The paper may or may not be a correct interpretation of federal statutes and agency interrelationships but it does a piss poor job of the constitutional part.
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zzeris
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Good luck in your studies. While Brosar is right in how PC academia is, I've had some fantastic teachers over the years especially in my Masters work 5 years ago. Hopefully, you will be one for your future students. Health Law was one of my hardest yet most fascinating classes. Graduate studies are so much more rewarding it sometimes amazes me.
Cad
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There's just not much actual work in Con Law unless you want to represent criminal defendants. Constitutional issues more or less never come up in commercial (i.e. paying) cases.
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Sanrith Descartes
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Yeah its almost more of scholarly pursuit beyond Con Law 1-3. Which seems sort of counter-intuitive. One would think it would be a mainstay subject for law schools.
Edit: Cad just explained it.
Asshat Foler
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Sanrith Descartes
with your previous studies you must have read some good books on u.s. governments and civics. Any suggestions? Textbooks or regular books.
LachiusTZ
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Democracy in America
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Sanrith Descartes
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I would start with some basic by the giants in the field. Seminal works.
Robert Dahl - On Democracy. Polyarchy.
Samuel Huntington - Clash of Civilizations. The 3rd Wave.
Larry Dodd - Congress Reconsidered.
Joe Schumpeter - Capitalism, Socialism and Democracy
Morris Fiorina - Congress: Keystone of the Washington Establishment
Andrew Chadwick - Internet Politics
That should be a decent start
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Sanrith Descartes
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Finished the first case study in my book. Is corporal punishment (paddling) in schools a violation of the Constitution (specifically the 8th Amendment and 14th (due process)).
The interesting thing isn't the outcome (it isnt unconstitutional) but the different reasonings that the assorted Justices used in affirming/dissenting. Which is pretty much the core element of the book. Why they rule the way they do.
The interesting thing isn't the outcome (it isnt unconstitutional) but the different reasonings that the assorted Justices used in affirming/dissenting. Which is pretty much the core element of the book. Why they rule the way they do.
Cad
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Anyone have thoughts on mandated masks in public?
Feels like an over reach.
The Corona thread is a shit show for any meaningful response.
Cad want to swing through here and give us the $5000/hr answer? Lol
I don't think it's really a constitutional issue, there are older SCOTUS cases from the 1918 pandemic and previous quarantines saying the govt's do have the power to do relatively invasive things for public health reasons.
The question I have is whether they can quarantine and limit otherwise healthy people - I think it's clear they can impose restrictions on sick people, but healthy people?
It's not a clear constitutional issue though, there's no clause or amendment on point. Especially as relating to the state governments which are the ones doing this shit.
Sanrith Descartes
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My amateur two cents. I agree there is settled case law on the needs to keep people safe trumping the civil liberties of infected/carriers. I have read snippets of opinions in those same cases where it was specifically questioned by Justices in terms of applying to healthy people.
I dont feel the rulings of forced evacuations due to gas main break etc could be successfully used for this. I also don't think one of the first acts was closing the courts to normal business was a coincidence. I honestly feel there are governors going with better to take the slap on the wrist after the fact. Its not like they can be sued or held liable afterwards.
But I am an amateur on a gaming forum so odds are I am totally wrong on this shit.
I dont feel the rulings of forced evacuations due to gas main break etc could be successfully used for this. I also don't think one of the first acts was closing the courts to normal business was a coincidence. I honestly feel there are governors going with better to take the slap on the wrist after the fact. Its not like they can be sued or held liable afterwards.
But I am an amateur on a gaming forum so odds are I am totally wrong on this shit.
Cad
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Suing states is very difficult under the best of circumstances due to sovereign immunity. States have to pass acts allowing you to sue them for things they find politically required.
Look up the torts claims act in your local state and start reading about the narrow things you're allowed to sue them for.
LachiusTZ
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Sanrith Descartes
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LachiusTZ
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I think on democracy is in a closet at my dad's house.
I might have some old syllabuses left, I tried to keep them because I really admire d that professor
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Cad
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Not really, and this question is enormously complex because of contradictory SCOTUS rulings. It's not an easy 1,2 type of analysis.
Sanrith Descartes
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