January 12, 2021

Important Assignment

Need this done in detail and right. Major part of my grade. Each response should be 500 words or more with in text citation, bluebook format.

Question 1 of 4

25.0 Points

Imagine you are a leader in post-colonial Africa, and you are considering what type of constitution your country should adopt. While you are excited about independence, your country faces several challenges. Your country possesses an oil-rich north and several large cities in its south. The country possesses three ethnic groups. One ethnic group makes up 48% of the population and dwells in the oil-rich north of the country. The second largest ethnic group makes up 47% of the population and this group predominately, but not exclusively, lives in the cities in the south. These two ethnic groups possess different languages and religions. The final ethnic group makes up 5% of the population, and this group cooperated with the colonizers. Before colonization, the three groups did not live in one unified country. During colonization, tension emerged between the three groups. In fact, a small civil war developed immediately after colonization. Fearing retribution for cooperating with the colonizers, the ethnic group with 5% of population allied itself the ethnic group based in the oil-rich north. The ethnic group based in the oil rich north with its allies emerged as the winners of the civil war.

If you wanted to maintain stability in the country, would you recommend the adoption of a constitution similar to the United States Constitution or the British Constitution or another type of Constitution? What would be the essential elements of your country’s proposed Constitution?

In answering this question, please incorporate our readings from the first two weeks as well as any outside readings or research that you conducted.

Question 2 of 4

25.0 Points

Please consider the following fact pattern:

Todd Patterson, a thirty-three-year-old husband as well as the father of an adopted daughter from Uganda, is a proud gun owner who owns multiple handguns, shotguns, and two automatic weapons. An automatic weapon is a firearm that continuously fires so long as the user presses the trigger, and there is ammunition in the gun. While Todd possesses no criminal record, he previously had a mental breakdown resulted in his six- month institutionalization when he was 17 years old after losing both his father and mother in a plane crash. Todd lives in the fictitious state of Varneyland where he works as a social studies teacher and soccer coach at a local high school.

On a sunny morning in the neighboring state, a man with a history of mental illness enters an elementary school and kills three teachers and ten students with an automatic assault rifle. In response to this shooting, states across the United States including the state of Varneyland pass legislation requiring the registration of all automatic weapons. As part of the registration process, those seeking to register their automatic weapons are required to submit to a mental health background check.

In filling out the application to register his automatic weapon, Todd reveals his prior institutionalization but also states that he has not had any mental health issues since he was a teenager. When the state of Vineland conducts Todd’s mental health background check, it uncovers that Todd possessed extreme depression with suicidal tendencies. Todd’s mental health records also reveal a history of self-harm. Based on the review of Todd’s mental health records, Varneyland denies Todd’s application to register his automatic weapons and sends Todd a letter demanding that he forfeit his automatic weapons or risk criminal and civil penalties. Because Todd refuses to hand over his automatic weapons, the state of Varneyland police arrested him and then charged him with possession of an unregistered automatic weapon (a felony crime under Varneyland law). At his criminal trial, Todd argues that the registration requirements and his subsequent arrest are violations of his 2nd Amendment rights.

Based on recent Supreme Court case law, do you think that Todd’s arguments possess any merit?

Question 3 of 4

25.0 Points

Please consider the following fact pattern:

Imagine you are the judge presiding over the following fact pattern. Lucy O’Leary is an 18-year old senior at Brooklyn High School in Birmingham, Alabama. Lucy is a Christian and the leader of the high school’s chapter of the “Born-Again Christian Youth Group.” Every day, Lucy leads a small group of five students in prayer in the lunchroom. Because the group is expanding rapidly, she asks one of the school’s professors, James Harrison, to serve as the chapter’s advisor. With receiving permission, Professor Harrison volunteers and provides the student group with advice and also arranges to secure a room in the school for regular meetings. In addition to being a Christian leader, Lucy also is an avid advocate of the legalization of marijuana. One day, Lucy wears a t-shirt with a picture of Jesus Christ smoking a marijuana cigarette with the following saying,” Christ will get you high.” In response to Lucy’s t-shirt, several students and faculty members complain and argue that Lucy’s shirt is offensive. Other faculty members take offense at the t-shirt, arguing that the message and image on the t-shirt are a promotion of a drug that is illegal in Alabama. In response, Lucy argues that she is being singled out for expressing her religious beliefs, and the t-shirt’s message was not an endorsement of drug use. Instead, Lucy argues that she was trying to make being a Christian “cool” and wanted to draw attention to her religious group by appealing to the rest of student body. In response to student complaints, the school suspends Lucy.

Pretend that you were an attorney representing Lucy, what type of arguments should make based on existing First Amendment case law that the school improperly suspended Lucy?

Question 4 of 425.0 PointsPlease read the attached law review article. In no more than 500 to 750 words, summarize the author’s thesis and then formulate a critique of the author’s thesis.

The Original Meaning of the Judicial Power.pdf

1228 KB

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