Custom Article Review Service : Review Article and Do Additional Research

Custom Article Review Service : Review Article and Do Additional Research

Custom Article Review Service : Review Article and Do Additional Research

Custom Article Review Service : Review Article and Do Additional Research

I have attached the model which has to be followed Exactly (IRAC)

Problem 1: Review these articles and do additional research on this water issue:

Read chapter 17 from page 736 onward

http://www.salon.com/2015/02/03/oil_companies_are_dumping_waste_into_californias_remaining_drinkable_water_sources/ (Links to an external site.)

http://earthjustice.org/news/press/2015/lawsuit-seeks-to-halt-illegal-dumping-of-toxic-oil-waste-into-california-s-imperiled-water-supplies (Links to an external site.)

http://www.sacbee.com/opinion/op-ed/soapbox/article10718264.html (Links to an external site.)

 

Chapter 3 problem #3  (Blue sections are facts, green sections are law)

Issue:  Whether federal statute, 8 USC Section 1409, is a violation of the 14th Amendment’s Equal

Protection Clause.

Rule:  The 14th Amendment’s Equal Protection Clause states, “that no State shall deny to any person the

equal protection of the laws.”  The 14th Amendment’s Equal Protection Clause has been incorporated

into the 5th Amendment thus it restricts federal government action as well as State government action.

Analysis:  Congress has passed a federal statute, 8 USC Section 1409, which delineates the rules for the

granting of US citizenship to a child depending on the gender of the parent who is the US citizen at the

time of the child’s birth.  Thus, this federal law distinguishes between men and women and then treats a

child differently based on this gender difference.  This classification based on gender invokes a review of

the 14th Amendment’s prohibition against treating similarly situated people differently.

The 14th Amendment states that the government may not deny protection by treating classes of people

differently.  According to 8 USC Section 1409, if an unwed mother is a US citizen and while outside the

US she gives birth to a child, whose father is not a US citizen, that child will automatically be considered

a US citizen.  However, if an unwed non-US citizen mother gives birth to a child outside the US and the

father is a US citizen, the child is not automatically considered a US citizen.  Rather, the child must be

“legitimized” by the US citizen father before he/she becomes eighteen years old.  Simply because the

government treats different classes of people differently, does not mean the 14th Amendment will

automatically be violated.  If the government has a good reason to treat them differently, then the

different classifications will not be a violation of the 14th Amendment, Equal Protection Clause.  The test

that is applied to this issue is the intermediate scrutiny test because “sex” (male and female gender

differences) is the main issue in the case.  In order for the federal law to be sustained under the

intermediate scrutiny test, the government must show there is a substantial government interest being

protected; that the restriction directly advances that interest; and that the restriction is no more

extensive than is necessary.

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