Constitutional Law

                    Deliverable Length:  5-6 pages

 

Part I

Read the U.S. Supreme Court decision in the following cases:

• Bowers v. Hardwick, 478 U.S. 186 (1986)

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=478&invol=186

• Lawrence v. Texas, 539 U.S. 558 (2003)

http://supreme.jU.S.tia.com/U.S./539/558/case.html

Part II

What societal factors may have caused the U.S. Supreme Court to abandon the rule of stare decisis in the Lawrence v. Texas and Bowers v. Hardwick cases?

Write a 5–6 page paper on the topic above and include the following:

• Outline the major societal arguments that influenced the U.S. Supreme Court decision in both cases and the subsequent reversal.
• Identify specific examples to support your explanation.
• Examine some of the specific arguments used by the Justices of the Supreme Court in the majority and dissenting opinions.
• Include any philosophical underpinning that might have influenced the thinking of the judges on the court at the time both cases were being decided.
• Use specific references in their paper to support their position.

Please note that the U.S. Constitution, and particularly the Bill of Rights, brings a philosophical perspective that has helped to shape constitutional law in the United States that should not be overlooked in this assignment.

Cite all references in proper APA format. For more information on APA format, please visit the APASTYLE Lab.