Explain scaliarsquos argument against the constitutional


1. Set out three cases that, according to Foot, support the doctrine of doing and allowing.

2. What Constitutional doctrine did the U. S. Supreme Court affirm in Cruzan? How could this have been consistent with refusing to reverse the Missouri Supreme Court? 

3. Explain Scalia’s argument against the Constitutional doctrine affirmed in Cruzan.

4. What was the basis of the Brennan, Marshall, and Blackmun dissent in Cruzan? Evaluate their views.

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