answer these 3 questions fully and completely. The best answers will be ones that draw upon the texts, make connections between cases, and describe theories of jurisprudence in the particular areas that the questions reference. 1 page per question.
1. The Court, in the footnote to the Caroline Products case, says that it will consider expounding more fully on the nature of the meaning of the terms life, liberty, and property in the Due Process clauses. What are some of the fundamental rights that emerge out of that more expansive understanding of substantive Due Process? What non-fundamental rights is the Court willing to allow to be regulated by law? Conclude by arguing whether or not it is better or worse for the Court to construct rights that are not enumerated in the Constitution? (This is the most fundamental question in all of constitutional law.)
2. The Court spends a lot of time dealing with the issue of contracts, and whether or not it is a fundamental liberty to be able to enter into a contract with another person or organization without the interference of government. Trace the development of that jurisprudence in the case law and summarize where the court essentially ends up. This period of jurisprudence is generally thought to end with the case West Coast Hotel v. Parrish. Conclude by assessing whether or not the Court has ended up in the correct place?
3. In Gregg v. Georgia, the Court makes what still remains the fundamental holding about the death penalty. What are the circumstances of that case, and how is it ultimately decided? Follow that up by discussing how the Supreme Court has modified that ruling around the edges by dealing with unusual types of circumstances in other cases.
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