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As You Have Now Read, Voters Can Write or Rewrite

Question 48

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As you have now read, voters can write or rewrite criminal statutes through a form of direct democracy known as the ballot initiative. In this process, a group of citizens drafts a proposed law and gathers a certain number of signatures toget the proposal on that year's ballot. If a majority of the voters approve the measure, it is enacted intolaw. Currently, twenty-four states and the District of Columbia accept ballot initiatives, and these special elections have played a crucial role in shaping criminal law in those jurisdictions, including those dealing with physical-assisted suicide for those whoare terminally ill, alsoknown as euthanasia. Although a few states have passed laws allowing its practice, many have not. As a newly appointed Supreme Court Justice tothe United States Supreme Court, a case dealing with the legality of euthanasia has made its way tothe courts, asking the court toallow the practice nationwide, in the same manner that it allowed the practice of gay marriage. As a Supreme Court Justice asked tohear the case, the main question is in regard tothe 10th Amendment. More specifically, should this practice be left up tothe individual states todetermine its use, or should this practice be viewed as an unalienable right for all terminally ill citizens throughout the entire country? As a Justice, what is your legal opinion? Please fully explain.

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