Examine arguments used by the framers of the constitution

Assignment Help Business Law and Ethics
Reference no: EM13817850

As an Associate Justice of the U.S. Supreme Court, Give opinion for the Court based on the following facts: James Smith was arrested for burglarizing his next door neighbor's apartment in the state of California. And without the benefit of a warrant, the neighbor, who is a friend of Mr. Smith, forced open the front door to Mr. Smith's apartment and saw his property. The neighbor called the police, and they immediately arrested Mr. Smith for burglary and possession of stolen property out of fear that he would get rid of the property before they returned with a search warrant. Mr. Smith's conviction in the state and federal courts were upheld, and it is now before the U.S. Supreme Court.Prepare the Court's response to this constitutional challenge that Mr. Smith was denied equal protection under the law.

  1. Identify specific examples in the language of prior decisions.
  2. Examine some of the arguments used by the framers of the Constitution while debating the language of the document. 
  3. Include any philosophical underpinning that might influence the court's ruling.Include any social force(s) that could be useful to guide the decision.

Outline major philosophical arguments of the U.S. Supreme Court in such cases as Weeks v. United States  (https://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=232&invol=383) and Mapp v. Ohio (https://supreme.justia.com/us/367/643/case.html).

Use specific references to support your position from the U.S. Constitution. Please note that the U.S. Bill of Rights brings a philosophical perspective that should not be lost and has helped to shape constitutional law in the United States.

Reference no: EM13817850

Questions Cloud

Total paid-in capital and total stockholders equity : The treasury stock purchased in the above question was resold by Chen, Inc. for $15,000. What effect does this transaction have on (a) net income, (b) total assets, (c) total paid-in capital, and (d) total stockholders' equity?
Differences between lifo-fifo methods : LIFO vs. FIFO: The controller of Sagehen Enterprises believes that the company should switch from the LIFO method to the FIFO method. The controller's bonus is based on the net income. It is the controller's belief that the switch in inventory m..
Define risks to your plan and impact of stakeholders : Your list of the stakeholders whose approval/support will be necessary for your success. Take the time to ensure your list of stakeholders is as complete as possible.
Negotiation-ethics and effective leadership : The purpose of this assignment is to examine the relationship between negotiation, ethics, and effective leadership.
Examine arguments used by the framers of the constitution : Identify specific examples in the language of prior decisions. Examine some of the arguments used by the framers of the Constitution while debating the language of the document. Include any philosophical underpinning that might influence the court's ..
General mills and gluten free cheerios product : Use the General Mills and Gluten Free Cheerios product. Write a 350-to-400 word paper that includes:
Determining the amount of compensation expense : Prepare a schedule that shows the amount of compensation expense allocable to each year affected by the stock-appreciation rights plan.
Analyzes the most important external environmental factor : Identifies and analyzes the most important external environmental factor in the remote, industry, and external operating environments
What role does the concept of exclusionary rule play : What role does the concept of exclusionary rule play in our criminal justice system? To what extent might one argue that the exclusionary rule has gone too far in protecting civil liberties at the expense of fighting crime?

Reviews

Write a Review

Business Law and Ethics Questions & Answers

  How does social disorganization relate to organized crime

How does social disorganization relate to organized crime and its evolution? How well does social disorganization meet the criteria for organized crime and its various relationships? Why? Explain your answer

  Describe the hierarchy of the federal court system

Describe the hierarchy of the federal court system of the United States and its subject matter jurisdictions. Discuss two methods that allow for a case to be heard in federal court. Provide specific examples of cases heard within the federal court..

  Define juvenile and adult criminal justice systems

What are some of the differences between the juvenile and adult criminal justice systems? How are the juvenile defendants handled differently from the adult defendants

  Explain electronic surveillance and monitoring of employees

Explain Electronic Surveillance and Monitoring of Employees and Electronic surveillance is not a black and white question but as certain laws inferred notice to the employee is important

  What does the drug court do

What does the drug court do? Does the drug court hand out mandated sentences, or is participation voluntary? What legal rights can a participant expect to lose while he or she is in the drug court program

  Explain difference between fmla interference

Explain Difference Between FMLA Interference and FMLA Retaliation and Compare and contrast the difference between FMLA interference and FMLA retaliation

  During the next department meeting your supervisor wants to

write 500-600 words that respond to the following questions with your thoughts ideas and comments. this will be the

  I you were the chief of police of a local law enforcement

the development of policing in america was greatly influenced by the developments of the london metropolitan police

  Explain creating a business organizationselect any form of

explain creating a business organizationselect any form of business organization and create a business that sells at

  Incorporate the material from your teams charter-strengths

identify the developmental stage of your learning team. illustrate that identification by noting observable behavioral

  How has psychology been impacted by the philosophical

Theories about child rearing go back thousands of years, yet developmental psychology is only about a century old. How has psychology been impacted by the philosophical and religious theories of child rearing?

  How different generations will affect the criminal justice

Also discuss how you believe the different generations will affect the criminal justice organization in which you are employed, provide counseling for, serve as a chaplain for, consult for, are affiliated with, and/or administrate or manage

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd