DISCUSSION ESSAY
This week you will be writing an essay, 2-3 pages double-spaced in length, on what happens when Constitutional rights collide. You can find an example from the news or caselaw, but here are some suggestions:
Religious rights (1st amendment) versus equal protection (14th amendment): https://www.cnn.com/2018/06/05/opinions/masterpiece-cakeshop-supreme-court-opinion-gupta
Freedom of speech (1st amendment) versus equal protection/protected classes (14th amendment) https://djclpp.law.duke.edu/article/the-dynamic-relationship-between-freedom-of-speech-and-equality/
Freedom from Search/seizure (4th amendment) versus right to carry a firearm (2nd amendment: https://slate.com/news-and-politics/2017/04/why-liberals-should-be-alarmed-that-courts-are-eroding-the-second-amendment.html#:~:text=The%20Fourth%20Amendment%20protects%20individuals,he%20is%20carrying%20a%20firearm%3F
If you find something that’s not technically a conflict, but is interesting to you, that’s fine! Here are some interesting Constitutional issues:
- Can cities impose mask mandates? Is this even a Constitutional issue, why or why not?
- Can a state make laws that put a greater burden on minority residents (think voting restrictions)?
- Should mandatory draft registration be imposed on both men and women?
Citing your sources. If you are not a Legal Studies student, you may use whatever citation system your major uses. If you are a Legal Studies student, you must use Bluebook and use footnotes. Everyone must make sure their sources are properly cited. Check Turnitin for help! If you copy a piece of text, it MUST be in quotation marks with a citation immediately after.