Answered step by step
Verified Expert Solution
Question
1 Approved Answer
The vitriol in the country is at an all - time high, and most of it seems to relate to what is happening ( or
The vitriol in the country is at an alltime high, and most of it seems to relate to what is happening or not happening in DC The US Congress passes a new law stating that no one can express any sort of dislike regarding any new policies that Congress chooses to enact. What, most likely, will be the courts' response to such legislation, and under what legal authority will the courts act? Courts will likely:
Apply the intermediate scrutiny standard because this law deals with a important right, pursuant to the courts' power to regulate commerce as established by the Commerce Clause
Declare the law constitutional, because this law deals with an issue of societal importance," pursuant to the courts' power of jurisdiction
Apply the rational basis test to determine whether the law makes any sense whatsoever, pursuant to the courts' power to under the common sense doctrine, which has its origins in Common Law
Declare the law unconstitutional because the courts are the supreme law of the land, pursuant to the judicial branch's power of supremacy as established by the Supremacy Clause
Apply the strict scrutiny standard because this law deals with a fundamental right, pursuant to courts' power of judicial review, which existed as a common law doctrine before our country's founding and was established by case law
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started