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1. a. Assume a Muslim cleric inside the United States preaches jihad against Western civilization in general, and the United States government in particular, in both his public speeches and in his weekly presentations inside the mosque. Think about what we have discussed concerning both Free Speech and the Free Exercise Clause this section. What legal issues, if any, are raised by the cleric?s behavior? Can (or should) the government do anything? What are the implications of action or inaction? What factors might affect a court?s decision to uphold or find illegal any government action? Give a reasoned answer, citing specific cases where necessary. .
2. Discuss the Equal Protection Clause of the 14th Amendment, the three types of analysis federal courts use in Equal Protection cases, and the various issues discussed in class. Do you think these three types of analysis adequately deal with issues such as gender equality and racial discrimination why or why not? Also, should private institutions be allowed to discriminate ? not the moral question of ?ought? — but legally. Why or why not and to what extent would you qualify or give exceptions to such limitations? Give a reasoned answer citing specific cases where necessary .
3. Discuss the so-called ?Right to Privacy?. What are the 2 fundamental opposing arguments in cases like Griswold v. Connecticut, Roe v. Wade (1973) and Planned Parenthood of SE Penn. v. Casey (1992)? Which side do you come down on and why? (The cases should link to the opinions though other cases can be cited to support your argument and other cases may be used of course.) Should states via Legislature decide these issues or are courts needed to find, express, and protect such rights? Be specific in your answers and cite specific cases where needed as to why or why not.
4. Is ?affirmative action? as discussed in the Bakke v. Univ. of California, Grutter v. Bollinger and Gratz v. Bollinger cases necessary to remedy past systemic racial inequality? What about other classifications? How does such a concept fit in with the Constitutional principles like liberty, equality, and federalism? Or how does it not? Give a reasoned answer citing specific cases where necessary.
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