Critical Thinking 11.3 - POS Critical Thinking 11.3...

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POS 19:39:14 Jose Alvarez Critical Thinking 11.3 1. According to the fourth paragraph of the reading 11.3.1 Justice Kennedy believes that the real constitutional issue is that the two adults were, “with full mutual consent from each other,” having sexual intercourse in the only way possible for them to do so, sodomy. He states that they had full right to liberty under the Due Process Clause to engage in such conduct without intervention of the government. He goes on to explain that what the two men were doing was a “personal liberty which the government may not enter.” 2. a. To put it as simply as Justice Kennedy does in the third paragraph, it is the Court’s obligation to “define the liberty of all, not mandate our own moral code.” Just because a majority of people may find something to be morally wrong doesn’t give them the right so stop others from doing it. b. He believes that the Due Process Clause and the Constitution should be the basis for the Court’s decision. 3.
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This note was uploaded on 04/07/2008 for the course POS 2041h taught by Professor Knuckey during the Spring '08 term at University of Central Florida.

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