Law 101 Discussion Notes PDF

2/5/25 - Potential Quiz Notes 1. What a Constitution Is ​ A constitution is the fundamental law of a nation, outlining the structure of government, division of powers, and rights of citizens. ​ It can be written (like the U.S. Constitution) or unwritten (like in the U.K.). ​ Defines...

2/5/25 - Potential Quiz Notes 1. What a Constitution Is ​ A constitution is the fundamental law of a nation, outlining the structure of government, division of powers, and rights of citizens. ​ It can be written (like the U.S. Constitution) or unwritten (like in the U.K.). ​ Defines the relationship between government branches and limits government power. 2. Methods of Comparative Constitutional Law ​ Comparative constitutional law studies different constitutional systems to understand similarities and differences. ​ Methods include: ○​ Textual analysis – Comparing written constitutional texts. ○​ Structural comparison – Examining the framework of government institutions. ○​ Functional comparison – Looking at how different countries address similar legal issues. ○​ Historical context – Understanding how historical events shaped a nation’s constitution. Roper v Simmons ​ Facts: Christopher Simmns was sentenced to death as a 17 year old for a capital crime ​ Issue: Is it constitutional to execute a juvenile offender of a capital crime when they are between ages 15 and 18? ○​ Emphasis on 8th and 14th amendments ​ Held: No ​ Dissent: O’Connor ○​ Disagreed that there is a national consensus among states regarding the juvenile death penalty ​ Dissent: Scalia ○​ That the US hasn’t joined a treaty internationally shows we don't have an interest in banning this practice Printz v United States ​ Facts: James Brady was hit in the line of fire when John Hinckley Jr. tried assassinating Ronald Reagan; led to passage of BRADY act ​ Issue: Can Congress require local law enforcement to regulate handgun purchases ​ Held: No ○​ State actors/legislatures are not subject to federal direction ​ Compare: Modern day - weed, immigration, abortion  ○​ Not legal at federal level but is at state, how do you force law enforcement to act on these things when there is conflict in the law ​ Dissent: Breyer ○​ Looks to what other countries have done ○​ They follow the principle that states will implement the laws enacted by the central “federal body” Context for Our Constitution ​ Hobbes ○​ Author of Leviathan - defended the absolute power of Kings ○​ Argued the government must be a powerful state to impose order; if humans are free to do as they please, everyone will suffer ○​ Life of a man in this state of nature is poor, brutish, and short ​ Locke ○​ Argued natural rights could never be taken away (inalienable) ○​ Thought the social contract was between the people and a sovereign, not just among the people ○​ Kings do not hold absolute power - only enforces; if they violate, people can revolt ○​ Favored representative government, but businessmen ​ Montesquieu ○​ Wrote The Spirit of the Laws ○​ Argued people in a state of nature are so fearful they avoided violence and war ​ Leads to human laws and government ○​ Main purpose of gov is to maintain law and order ○​ Need separation of powers with checks and balances (King acts as executive) ○​ Closest to what we have today ​ Rousseau ○​ Argued man is good and is corrupted by society —> property causes disputes, war ○​ Said a social contract was a fraud against the people commuted by the rich ○​ People should give up their rights to “the whole community” not to a King ○​ Direct democracy is best → all power belongs to the people