Criminal Law in Action

Homework Answers

Criminal Law in Action

Your text states that the judiciary has the power to interpret, apply or invalidate a law as it pertains to rights expressly created under the state or national constitution.
a. Does the Constitution explicitly provide for that authority? If so, where in the Constitution is it so provided? If not, why does the Supreme Court have the power to strike down statutes passed by Congress as unconstitutional? Should it have that power? Why or why not?
b. In 2018, U.S. Supreme Court ruled that federal ban on state-sanctioned sports betting is unconstitutional. Murphy v. NCAA, 138 S.Ct. 1461 (2018)
https://www.supremecourt.gov/opinions/17pdf/16-476_dbfi.pdf
Do you believe each State should be able to decide that betting on national sports is within their respective States rights, or do you believe that Congress can pass laws to uphold a national consensus on an important issue? Why or why not? Do you believe the Supreme Court made the right decision … why or why not?

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