Federalism and Law-making Structure
1. How would you explain the lawmaking structure of the United States to someone totally unfamiliar with the Constitution? Specifically, what is federalism and why does it create fifty-two lawmaking jurisdictions in the United States.
2. After reading the opinion Duncan v. Louisiana, 88 S. Ct. 1444, (1968), explain the following:
- Which Constitutional amendment is at issue in the case, and what is the importance of the rights it encompasses?
- What did the United States Supreme Court decide in this case and why?
- Tip: When reading and analyzing a written case decision (a court opinion), use I.R.A.C. as a framework. Issue Rule Analysis Conclusion. What is the Issue (the legal question) the Court is deciding which determines the result of the case? What Rule or law is the Court applying? How did the Court apply the Rule or law to the facts of the case to answer the Issue to be decided (Analysis)? How did the Court ultimately reach a Conclusion and what was the result (i.e. Defendant was deprived of her 4th Amendment right against unlawful search and seizure)?