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AllBar 2024CRIMINAL LAWI. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAWE. Constitutional Limitations on the Power of Congress to Enact Penal Laws1. Equal Protection

Question

Subject: Constitutional Limitations on the Power of Congress to Enact Penal Laws

E.1. Equal Protection

In a democracy, equal protection under the law is a fundamental principle that ensures fairness and justice for all individuals. It prohibits the government from treating people differently based on certain characteristics or traits. Consider the following scenario:

  1. Situation:

    There is a proposed bill in Congress seeking to criminalize the act of begging in public places. The bill includes provisions that impose stricter penalties for individuals who are homeless or belong to certain marginalized groups, such as indigenous peoples, persons with disabilities, and elderly individuals. The lawmakers argue that these groups are more likely to engage in begging and need to be deterred.

  2. Question:

    Does the proposed bill, with its provisions that target specific groups, violate the equal protection clause of the Constitution? Discuss the constitutional limitations on the power of Congress to enact penal laws, particularly in relation to equal protection.




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Bar Review Question: Subject: Constitutional Limitations on the Power of Congress to Enact Penal Laws