Guilty? Teri Kanefield
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CHAPTER 3

WHEN IS CHEATING REALLY CHEATING?

STUDY QUESTIONS AND WRITING PROMPTS

Compare what Timothy Childs did in the casino to what James Rogers did in the bank. Which was worse? Why?

Compare what Mr. Woods did to what James Rogers did. Which was worse. Why?

Cheating is bad, but not all forms of cheating are criminal. Cheating in a game on the playground may lose you friends, but cheating in the classroom on a test may get you expelled. When should cheating be a crime, and when should it be a matter a civil lawsuits or other private means of settling disputes?

On page 20, we are told that courts are not supposed to create law. Courts are supposed to interpret the law. Congress creates law. Why are courts not to create law? What would happen if courts wrote the laws and interpreted the laws?

When the Nevada Supreme Court declared the handle-popping statute unconstitutionally vague, was the Nevada Supreme Court in fact creating a law?

What general argument, or point, was the author making in this chapter?

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FURTHER READING (HONORS LEVEL)

Marbury v. Madison (1803) offers a brief summary of the case which gave the power to interpret the Constitution to the judicial branch of government.

The United States Constitution does not give courts the power to interpret the Constitution and strike down laws which are not constitutional.

In fact, the Constitution itself says nothing about who should interpret the Constitution. In 1803, in Marbury v. Madison, the Supreme Court declared itself the final authority on interpreting the Constitution and hence deciding which law violate the Constitution and which do not.

Consider what might happen if another branch of government had the task of interpreting the Constitution.