Book to be used: Michael Dorf (ed.), Constitutional Law Stories, 2nd Edition. IMPORTANT: ONLY use this book as a reference and to quote when writing the essay. I do not want any outside sources. The chapters that relate to the essay question are Chapter 9 (Lochner) & chapter 10 (Roe). Make sure to read the chapters and refer to them (do not forget to provide the page numbers and try to quote or refer a couple of times at the least).
This is the link to the lecture material, see if it can help and if it does refer to it when writing the essay and don’t forget to cite. You can find some case examples to use when writing the essay→ https://prezi.com/_pwhdzxka5y8/fundamental-civil-rights-and-liberties/?utm_campaign=share&utm_medium=copy
Make sure to answer (throughly) each part of the essay prompt (read how the essay will be graded, to make sure you are following everything correctly). This essay should be an analysis in some way. In answering the essay questions below, your answer will be graded for: demonstration of having read materials and attended lectures; accuracy of understanding key concepts, cases and arguments presented in the readings; thoughtfulness of engagement with readings and lectures; and thoroughness of the answer in addressing each portion of the essay prompt. You must provide references (page numbers, lecture dates, classmate names) that support the various explanations and arguments you make in your essay. Your essay should be no more than 3 double-spaced pages.
We have explored a number of fundamental rights and liberties in the last half of the quarter, including religious expression, right to contract, privacy rights (medical decisions, reproductive control, marriage, and abortion), right to vote, right to equal protection of the laws, and more.
1. Discuss the difference between enumerated and unenumerated rights. How are unenumerated rights derived from the Due Process Clause of the Fourteenth Amendment?
2. Discuss two cases that consider an unenumerated right in tension with the police powers of states to provide and regulate for public health and safety, and evaluate the Court’s decision to either protect or sacrifice the unenumerate right.
3. In your opinion, when should the Court recognize and protect unenumerated rights?
(Make sure to discuss TWO cases, one of which should be the Lochner case) again make sure to USE the book and refer or quote from it WITH providing page numbers).
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