Section 4

Section 4.1: Basic Aspects of the U.S. Constitution

When does a prior decision of the Supreme Court deserve overturning? Name one decision of the Supreme Court that you think is no longer “good law.” Does the court have to wait one hundred years to overturn its prior case precedents?

Section 4.2: Commerce Clause

If the Supreme Court were to go back to the days of Hammer v. Dagenhart and rule that only goods and services involving interstate movement could be subject to federal law, what kinds of federal programs might be lacking a sound basis in the commerce clause? “Obamacare”? Medicare? Homeland security? Social Security? What other powers are granted to Congress under the Constitution to legislate for the general good of society?

Section 4.3: Dormant Commerce Clause

The state of Arizona determines through its legislature that trains passing through the state cannot be longer than seventy cars. There is some evidence that in Eastern US states longer trains pose some safety hazards. There is less evidence that long trains are a problem in Western states. Several major railroads find the Arizona legislation costly and burdensome and challenge the legislation after applied-for permits for longer trains are denied. What kind of dormant commerce clause challenge is this, and what would it take for the challenge to be successful?

Section 5.1: Administrative Agencies: Their Structure and Powers

Explain why there is any need for interference in the market by means of laws or regulations.

Section  6.1: The Nature of Criminal Law

Why is ignorance of the law no excuse? Why shouldn’t it be an excuse, when criminal laws can be complicated and sometimes ambiguous?

Section 7.1: Purpose of Tort Laws

Why is deterrence needed for intentional torts (where punitive damages are awarded) rather than negligent torts?

Section 8.1.: Why Products-Liability Law is Important

How does the separation of production from consumption affect products-liability issues?