Describe three exceptions to the warrant requirement. What is the ultimate key to the
Fourth Amendment according to Chief Justice John Roberts?
Why do Epstein and Walker argue that Carhart v. Gonzalez may not be reason for
concern that Roe may eventually be overturned?
After Sanders how did states have to draw congressional districts?
How did Congress respond to the Court’s decision in Barker v. Wingo? Why did it feel it
had to do so?
How was the BCRA more wide reaching than FECA?
Why did the framers belief the freedom of press was so fundamental to the new nation?
Have Gertz and Firestone made it easier for plaintiffs to prove libel?
What was the response to the framers leaving religious freedoms out of the original
document? How did the states ultimately win this debate?
What does the line of second amendment jurisprudence, prior to Heller, teach us how
the 2nd Amendment restricts government power?
Bowers v. Hardwick (1986)
Relevant Case Facts:
The police came to Hardwick’s home to serve him with an arrest warrant for failure to
keep a court date. When a housemate let the police in the house, the officer saw
Hardwick engaged in sodomy with another man. Hardwick was arrested for violation of
a Georgia law which prohibited oral or anal sex. While the District Attorney did not
pursue the case, Hardwick challenged the law, asserting that it violated his fundamental
right to privacy, protected by Griswold.
Legal Question: Does the constitution confer a fundamental right upon homosexuals to
engage in sodomy?
What major arguments did Justices Breyer and Stevens provide in their Heller dissents?
Are these good counters to the approach offered by Justice Alito in McDonald?
Answer:
*a. varies
Why did the Court reach disparate decisions in McCreary and Van Orden?
How did Rehnquist’s decision in Ross limit the right to counsel on appeal?
What is the difference between Defunis and Roe? Specifically, why would did the Court
decide one and not the other?
Answer:*a. varies
Prior to Sullivan what did plaintiffs generally have to do to collect damages in libel
cases? How do you think this affected the ability of plaintiffs to win suits?
According to Reynolds v. U.S. and Davis v. Beason, what reasons could the government
legitimately use to outlaw certain religious practices?
Why did the Court rule against the school district in Redding? Why did Thomas
disagree? Which opinion has the better argument? Why?