Monday video--with transcript, without transcript. Panel # 9 Reax Papers due next Monday.
We turn to Incorporation with Panel # 10 What does incorporation mean and why is it necessary to talk about that? Review the first eight amendments--is there a textual justification for limiting them to the federal government? How does incorporation square with the purposes of the 14th Amendment? Be familiar with the competing theories of incorporation and which prevailed on the Court. Note two distinct issues: What rights are incorporated and the scope of the rights as incorporated--what is the difference?
We then turn to Reproductive Freedom and Panel # 11. How does this version of substantive due process differ from and compare to Lochner? How did the doctrine evolve from contraception for married couples to contraception for individuals to abortion? How did the controlling doctrine change from Roe to Casey and why?
No comments:
Post a Comment