Tag: Constitutional Law

Constitutional law

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Constitutional law is something you are likely familiar with to some extent, but the laws around administrative law may be less familiar. While the Constitution outlines many specific laws, it does not necessarily speak much about what happens in the administration of our government. For this assignment, you are asked to look at where constitutional and administrative law intersects and where they diverge.

Write a 3–4 page paper that includes the following three parts:

An explanation of the areas in which constitutional and administrative law intersect.
An explanation of where constitutional and administrative laws diverge.
An evaluation of the impact of the divergence in these laws. What impact does this have on someone working in the field of public administration?
Use at least three sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your sources page at least one time within your assignment. For help with research, writing, and citing sources, access the library or review library guides.

This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. Check with your professor for any additional instructions.

The specific course learning outcome associated with this assignment is:

Evaluate the concepts of and interactions between constitutional and administrative law in the realm of public administration.

Constitutional Law

Posted on | by Brian Leakey | Leave a Comment on Constitutional Law

 

The basis for this discussion is the U.S. Supreme Court case of Burwell v. Hobby Lobby Stores, Inc.
This case is about a business’ leadership making real business decisions about employer-provided employee health care benefits. This decision violated a government mandate that private for-profit businesses provide certain types of birth control benefits. The company, Hobby Lobby Stores, Inc., took a stand against the government’s position, based on the business ownership’s religious beliefs, raising a Constitutional question under the First Amendment.
In addition to the Hobby Lobby case itself, please consider, in particular, the Horwitz article listed in this week’s eReserve Required Readings, as well as other research on the subject, to inform your own thoughts on the following and discuss in a narrative post.
DISCUSSION PROMPT:
Please do not simply list “questions and answers.” Address the questions within an essay format.
Which part of the 1st Amendment was at issue in this case?
Discuss how the government violated Hobby Lobby’s 1st Amendment right, according to the U.S. Supreme Court.
Hobby Lobby Stores. Inc. is a family owned business, described as “closely held.” What does this mean, i.e., what is a closely held corporation? How did the fact Hobby Lobby is closely held make a difference in the court’s consideration of Hobby Lobby’s 1st Amendment religious freedom argument? Would the same argument work for a large publicly held corporation like IBM? Should it? Why or why not?
Should a business operating as a nonreligious commercial entity be able to invoke this 1st Amendment protection at all on the basis of the business owner(s)’ personal beliefs as human beings? Why or why not? If the business is a separate person, as the Court has held in finding that the business has an independent Constitutional right, how can this “corporate person,” as an entity, manifest an independent religious belief? Isn’t it separate from its owners? (For this question you might want to also take a look at the Supreme Court’s opinion in the Citizens United case.)
Share any additional thoughts you have.
Please clearly and thoroughly discuss these points in a well organized post. Your text and other required readings and research should form a foundation for your discussion. At a minimum your thoughts should be informed by the court’s opinion in Hobby Lobby, the Horwitz article, and your textbook readings. You may have other ideas — research further to support them. We invite and expect respectful debate in the discussions.

Constitutional Law

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Fundamental constitutional rules for searches and their importance

 

 

 

 

 

Explain the three fundamental constitutional rules for searches and their importance. Your assignment must reflect at least five reference sources: your textbook and other scholarly materials (i.e., journal articles, magazines, newspaper

Constitutional Law

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Fundamental constitutional rules for searches and their importance

 

 

 

 

 

Explain the three fundamental constitutional rules for searches and their importance. Your assignment must reflect at least five reference sources: your textbook and other scholarly materials (i.e., journal articles, magazines, newspaper

Constitutional Law

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Consider that there has been an issue in your local public high school. Recently, some students have refused to stand and recite the Pledge of Allegiance. They claim that it is a First Amendment issue and that the school cannot force them. The school, however, believes that reciting the Pledge of Allegiance is a part of the school day and that the students’ behavior is simply insubordination. You are a police officer in the town, and the police chief knows you are taking a course on Constitutional law. He asks you to create a document t​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​hat he can share with the school that outlines the following: a description of the First Amendment, the laws surrounding the Pledge of Allegiance in public schools, at least one recent incident surrounding the Pledge of Allegiance and its outcome, and a conclusion with a recommendation to the school on how to handle the students