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ANSWER KEY
Chapter 2 Sources of the Law
Opening Case Questions
1. Both the Establishment Clause and the Free Exercise Clause are inclued in the First
Amendment to the Constitution. The difference between the two clauses can be explained by looking
at the responsibility of and the limitations placed upon the federal government in relation to religion.
2. The Catholic paintiffs, including the Archdiocese of Washington, D.C., along with a
Archbishop Carroll High School, the Catholic Charities of Washington, the Catholic University of
3. The test for determining whether an institution is “religious enough” to qualify for First
Amendment protection says that an institution is religious (or “religious enough,” if you will) if its
4. The government applies the test for determining if an institution is “religious enough” to
qualify for First Amendment protection. No matter which branch is entangled within the
5. A religious institution should ot be judged in this manner because, determining whether an
isntitution is religious enough forces the government to make religious judgments and, therefore to
A QUESTION OF ETHICS
The NCCUSL and a Lesson in Ethics
Special Directions to the Instructor: It is extremely difficult (impossible?) for an instructor to predict
with confidence the wide variety of answers that students will provide for the ethical question asked in
Questions for Review and Discussion
1. The law consists of rules of conduct established by the government to maintain harmony, stability,
2. In his study Law and History, Anthony Chase explains that the legal system is shaped by several
dualities, each of which is essential to the law’s success. These dualities include the balance between
3. The articles establish the organization of the national government. The first three of the seven
articles distribute the power of the government among the legislative, executive, and judicial branches.
Article I establishes Congress as the legislative (statute-making) branch of the government. Article II
gives the executive power to the President, and Article III gives judicial power to the Supreme Court
and other courts established by Congress. Article IV explains the relationships among the states, while
Article V outlines the methods for amending the Constitution. Article VI establishes the U.S.
Constitution, federal laws, and treaties as the supreme law of the land. Finally, Article VII outlines how
the original thirteen states would go about ratifying the new Constitution. The amendments change
4. Preemption is the process by which the courts decide that a federal statute takes precedence over a
5. The laws passed by a legislature are known as statutes. At the federal level these are the laws made
by Congress and signed by the President. At the state level, statutes are enacted by state legislatures
such as the Ohio General Assembly or the Oregon Legislative Assembly. Many statutes prohibit certain
6. Because many different statutes are passed each year by the fifty state legislatures, there are
important differences in state statutory law throughout the nation. This lack of similarity can cause
7. The term “common law” comes from the attempts of the early English kings to establish a body of
law that all the courts in the kingdom would hold in common. At that time judges were sent out to the
towns and villages of the kingdom with instructions to settle all disputes in as consistent a manner as
8. The process of relying on these previous decisions is known as stare decisis (“let the decision
stand”). The past decisions themselves are called precedents. Although today’s judges do not ride
around on horseback, they do make decisions in the same way as their counterparts from the Middle
Ages. They rely on precedent according to the principle of stare decisis. A precedent is a model case
9. A second way that court decisions operate to make law is in the interpretation of statutes. When
legislators enact a new statute, they cannot predict how people will react to the new law. Nor can they
foresee all the ramifications and implications of that new statute. Thus, when two or more parties have
a dispute that impacts a statute, they may differ as to what the legislature had in mind when it wrote the
statute. Also, legislators may leave gaps in the language of a statute. Those gaps must be filled by
someone. The job of reacting to unforeseen circumstances and filling in the gaps falls to the courts. As
10. Neither legislators nor judges can deal with all aspects of today’s society. Moreover, legislators are
generalists. They know a little about a lot, but are rarely experts in all areas over which they have
Cases for Analysis
1. The Fourth Amendment of the United States Constitution applies to this case because the Supreme
Court has decided that the Due Process and Equal Protection Clauses of the Fourteenth Amendment
require the state governments to protect the rights guaranteed by the Bill of Rights. States may add
rights and expand the protection given by those rights, but cannot cut back on or eliminate rights. The
2. In this case the paintiff, the United Church of Christ, argues that the amendment to the North
Carolina Constitution limits their ability to fully practice their religious beliefs. This position places
their case within the boundaries of the Feee Exercise Clause. The First Amendment of the United States
Constitution applies to this case because the Supreme Court has decided that the Due Process and
3. In this case the paintiffs, two citizens of the town of Greece, argue that the town council as an arm
of the local government is clearly adding (establishing?) a religious ceremony to a governmental
meeting, that is open to all citizens, even non-religious citizens. This position places their case within
4. In interpreting a statute, courts look to a variety of sources. These sources include the legislative
history of the statute and the old statute that the new statute replaced, if any. The court must also review
5. The lower federal courts do have the authority to determine the constitutionality of federal
statutes. This authority would extend to an interpretation of the Civil Rights Act. The United States
Supreme Court has ultimate authority in determining the constitutionality of any state or federal statute,
END CHAPTER TWO
