Foundations of Law

Discussion: Foundations of Law

In this discussion, identify a U.S. (federal or state) law. What historical precedents exist for this law? How is this law an example of the rule of law and common law?

Explain how this law shows a connection between religion, morality, and ethics.

Respond to the posts of at least two peers. In your response to peers, consider how the law has changed or evolved throughout history.What do you think influenced these changes? Can you point to a shift in religious beliefs, changing morals, or something else?

Peer post 1

South Carolina and still the majority of other states Marijuana, possession and cultivation is illegal. The federal government also still views it as illegal. There is a shift in politics though lately, so I believe we will start seeing more states move toward legalization. Now everyone will have a slightly different opinion on what we should do. However in our nations history we have bounced back and forth a little bit. I will admit at first I was opposed to the idea but the more time goes on I would rather we go about legalizing in the right way instead of focusing on pushing back, when eventually it will become legal anyways.

I think our morals are changing and the movies from the 1950s-1960s that show the “devils lettuce” will make you crazy do not work anymore. Just like any other drug their is a risk to it but alcohol is legal and a large number of our society abuse it everyday. Ethically I think it makes more sense to allow people to grow Marijuana with liscenses that can be monitored and tracked. Not only does this create a new tax revenue but it keeps people from going to people that they may or may not know and buying something, that they have no idea what could be in it. I think by allowing government monitored dispensaries it will make people safer.

My only concern is DUIs and how states that allow THC consumption are tracking and prosecuiting DUIs. Colorado is one of the first and “Drivers found to have more than 5 nanograms of THC — or tetrahydrocannabinol, a psychoactive ingredient in marijuana — are considered impaired. They can decline the blood test at the risk of losing their license for at least one year, according to State Patrol. Critics have argued that the test only proves that the drivers use marijuana, not that they were high while driving.”(Sun, 2016) Your DUI numbers are going to go up, there is no doubt about it, people will always abuse the system but law enforcement needs to catch up to make sure we are keeping our roads safe. We need specific tests or laws that give us more power getting a blood sample with a search warrant.

Sun, C. (2016, March 16). Conference looks at marijuana’s impact on crime, road safety in Colorado since passage of Amendment 64. Gazette, The (Colorado Springs, CO). Retrieved from http://ezproxy.snhu.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&db=nfh&AN=2W61678581787&site=eds-live&scope=site

 

Peer post 2

The law I chose is highly important and falls under the constitution. The 14th Amendment is important and has a connection between religion, morality, and ethics. The case that is historically known for this Amendment is the Brown v. Board of Education, 347 U.S. 483 (1954). First, “The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former slaves—and guaranteed all citizens “equal protection of the laws” (Editors, 2009). How it relates, is the case surrounded the equal protection clause.

In 1954, the Supreme Court heard the case in Topeka, Kansas where a man named Oliver Brown was challenging the racial segregation. The “separate but equal” was not equal and violated their right’s as it was unconstitutional to keep schools segregated. It’s ethically and morally wrong to keep African American’s separate from everyone else and to prevent them from receiving a proper education. Everyone is equal no matter religion, race, or sex. We continue to see issues surrounding these, but again that is why it’s important to have this law to protect individuals.

References:

Editors, H. (2009, November 09). 14th Amendment. Retrieved March 10, 2019, from https://www.history.com/topics/black-history/fourt…

Persily, N. (2017, June 29). The Meaning of Equal Protection: Then, Now, and Tomorrow. Retrieved March 10, 2019, from https://www.americanbar.org/groups/gpsolo/publicat…

 

Last Updated on December 27, 2020 by Essay Pro