pol midterm
ive attached class notes to help you find the material
MAKE SURE TO ADD IN FOOT NOTES ON THE SIDE WHEN ANSWERING
Midterm Essay: For a maximum of 35 points, choose just 1 of the questions below and answer it in essay form. This essay should cover at least 3 single-spaced typewritten pages with a 12 point, Times New Roman font. At the beginning of your essay, please include the question that you have chosen to answer for this Exam.
Optional Extra Credit: For a maximum of 5 points, choose 1 of the questions that you didnt already choose for your Main Essay then answer it in essay form in approximately 1 single-space typewritten page with a 12 point, Times New Roman font.
Citation: Make sure that you provide citations for all information that you have taken from other sources. Follow my advice given in the Class 17 Writing Advice notes.
GRADING CRITERIA
(Maximum score is 35 points)
– Language (Grammar/Spelling) – 4 points
– Organization of Essay – 4 points
– Clarity and Consistency of Thesis 9 points
– Relevance of Essay Answer to Course Content 9 points
– Quality of Supporting Arguments/Evidence 9 points
ESSAY QUESTIONS
1) During the debate to ratify the Constitution, the Federalists and Anti-Federalists had opposing views on questions regarding the structure of the United States government. If both groups existed today, which group would you choose to solve a current political issue based on the views that they expressed during the ratification debate?
2) James Madison tried to balance all the benefits of allowing factions with the cost of the potential of factions to violate the rights of other citizens. Choose one modern day group that you consider a faction and explain how the government can protect the rights of people in that faction while still protecting those negatively affected by that faction.
3) As a direct result of the way that checks and balances is set up by the Constitution, is any specific branch of the national government missing the necessary power to properly protect the rights of citizens? Choose one branch and explain why it is prevented specifically by checks and balances from being able to properly protect citizen rights.
4) In Marbury v. Madison, the Supreme Court established Judicial Review. Do you think that Judicial Review a) was a legitimate way for the Court to decide the final issue of the case, and b) is a legitimate power for the Judiciary to have regardless of this case?
5) Would you modify the Case or Controversy requirement or the Advisory Opinion rule to allow Courts the power to invalidate laws before a specific case comes to them?
6) In McCullough v. Maryland, the Supreme Court recognized implied power. Do you think that Implied Powers a) are legitimate for Congress to have, and b) were limited enough by the Court in this case to prevent Congress from becoming too strong?
7) If you were to change how impeachment and conviction of the President were handled by Article I and Article II of the United States Constitution, a) what changes would you make to the process required and b) what changes would you make to the legal standard required? Explain why your proposed changes would be better than what we have now.
8) Under Section 4 of the Twenty-Fifth Amendment of the Constitution, the Vice President and a majority of the Cabinet of the Executive Branch can initiate the process to remove the President if they believe that the President is unable to discharge the powers and duties of his office. Should that standard only apply to physical inability, or can additional forms of inability (like psychological or philosophical) also count?
9) There is a conflict when the President wants to use the United States armed forces but Congress has not already declared war. The War Powers Resolution of 1973 provides a specific time frame in which the President can use the armed forces in hostile situations without needing Congressional approval. In your view, does that time frame strike the correct balance in giving the President enough flexibility to be an effective Commander in Chief while also making sure that the power to declare war still belongs to Congress?
10) In Griswold v. Connecticut, the Supreme Court affirmed that privacy rights exists in the Constitution. Do you a) think that Court was correct in how it established privacy rights, and b) think that privacy rights should protected by the Constitution?
11) Do you think that the Ninth Amendment can legitimately be used by the Judiciary to recognize and provide legal protection for a specific unenumerated right or do you think the Constitution or Congressional legislation need to be amended to include recognition of that specific right before it can be legitimately protected by the Judiciary? For this question, it may help you to discuss a specific unenumerated right as an example.
12) Kelo v. City of New London, the court said that public purpose can satisfy the public use requirement of the 5th Amendment Takings clause. Do you think this broad interpretation of public use gives too much power to legislatures declaring eminent domain to take private property from private citizens to give to others?
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