Question
1.Explain the Theory of Natural Rights 2.What does the Theory of Natural Rights have to do with limiting government's ability to regulate? 3.What does the
1.Explain the Theory of Natural Rights
2.What does the Theory of Natural Rights have to do with limiting government's ability to regulate?
3.What does the Theory of Natural Rights have to do with the Social Contract?
4.What rights are provided for by the Contract Clause in Article I Section 10 in the Constitution
5.What are thebenefits and burdens of the rights provided by the Contract Clause?
6.Discuss the facts of the case and the court's decision in theHome Building and Loan Association v. Blaisdell (1934) case.
7.InHome Building and Loan Association v. Blaisdell (1934), the court stated "[t]he reservation of the reasonable exercise of the protective power of the state is read into all contracts." Please explain how this provision changed the concept of the freedom of contract so much so that the textbook refers to this case as the "demise of the Contract Clause."
8.The 14th Amendment to the Constitution guarantees due process. What issubstantivedue process? Distinguishsubstantive due process fromprocedural due process.
9.What is economic due process? What were state legislatures attempting to uphold or protect in recognizing economic due process?
10.What was the practical significance of corporations being considered "persons" for protection under the due process clause of the 14th Amendment for a period of time?
11.Discuss the two cases that signaled the courts' move away from the concept of economic due process.
12.Discuss the facts of the case and the court's decision in the Minnesota Mortgage Moratorium Act (1934) case.
13.Discuss the facts of the case and the court's decision in the Minnesota Mortgage Moratorium Act (1934) case.
14.How do the courts' decisions in these cases fail to uphold the concept of economic due process?
16.What rights are provided for by the Takings Clause of the 5th Amendment of the Constitution?
17.What are thebenefits and burdens of the rights provided by the Takings Clause?
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