Discussion 1 – Procedural Due Process (500 words)
Topic
In Hamdi v. Rumsfeld 542 U.S. 502 (2004), the Supreme Court considered whether or not an American citizen, who was alleged to be an enemy combatant, had the same due process rights as any other American citizen. The question for this discussion is whether or not you agree with the Court’s decision and their analysis. Make sure you don’t just agree or disagree without providing a clear explanation of your critique of their analysis. If you have a different analysis, make sure you provide a rationale. Are you taking an originalist approach? A living constitution approach to your analysis?
Discussion 2 – Substantive Due Process (500 words)
Topic
Though substantive due process is a widely criticized and debated concept among Supreme Court justices as well as law professors, Lochner v. New York 198 U.S. 45 (1905) is still consider essential to understanding the evolution of substantive due process. Lochner is often argued to be a first step towards the creation of other rights such as the right to privacy, which we will consider in a later module. For this discussion, please read the case carefully. Do you agree with the Supreme Court’s decision and their analysis of substantive due process? Why or why not? What mode(s) of interpretation do you see reflected in this decision? Provide examples.
Though substantive due process is a widely criticized and debated concept among Supreme Court justices as well as law professors, Lochner v. New York 198 U.S. 45 (1905) is still consider essential to understanding the evolution of substantive due process. Lochner is often argued to be a first step towards the creation of other rights such as the right to privacy, which we will consider in a later module. For this discussion, please read the case carefully. Do you agree with the Supreme Court’s decision and their analysis of substantive due process? Why or why not? What mode(s) of interpretation do you see reflected in this decision? Provide examples.
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