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Constitutional Powers Essay

Constitutional Powers Essay

Question Description

I’m working on a political science discussion question and need an explanation to help me understand better.

Choose just ONE of the questions below and answer it in essay form. At the beginning of your essay, please include the question that you have chosen to answer for this. This essay should cover at least 1 single- spaced typewritten page with a 12 point, Times New Roman font. Essays that are just summaries of the course material will not do well. I want an organized, well-written, and clearly expressed essay led by your thesis position, made by your arguments, and supported by course content as evidence. (no other references except for course content).

ESSAY QUESTIONS

  1. Would you consider the creation of the doctrines of “Incorporation” and “Reverse Incorporation” to be Constitutionally valid actions by the Judiciary? For this question, you can discuss the creation of either one of those doctrines or both of them. 3) Choose 1 right that is currently protected under “Due Process” or choose 1 group classification that is currently protected under “Equal Protection” that you think should be moved to a different level of scrutiny or removed from the protection of the 14th Amendment entirely. Explain why the right or group classification that you have chosen is not appropriate under the legal standard and the burden of proof of its current level
  2. 4) In Griswold v. Connecticut, the Supreme Court affirmed that a right to privacy exists in the Constitution. Do you a) think that privacy rights deserve to be protected by the Constitution, and b) think that Court was correct in how it established privacy rights?

    5) 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.

    6) Do you think that a state law which is considered by the Supreme Court to be a valid exercise of State Police Power could ever be used legitimately to limit an express Constitutional right? Provide a hypothetical state law purpose and an example of a current express Constitutional right as part of your analysis for this question.

    7) In Jacobson v. Massachusetts, the Supreme Court required that a state law claiming to regulate public health and safety must be necessary and reasonable for it to survive a valid citizen claim that the law affected their Constitutional rights. However, not every Court uses those two limitations. When a Court does not use them, does it allow the concept of State Police Power to extend the reach of the Tenth Amendment too far?

    8) Do you agree with Justice Peckham’s opinion in Lochner v. New York that the New York Bakeshop Act was an illegitimate exercise of State Police Power?

    9) In his dissent to Lochner v. New York, Justice Holmes said that “a constitution is not intended to embody a particular economic theory.” Should a Judge be allowed to use an economic or political theory to help them understand and apply a vague term from the Constitution when they are deciding if a legislative law conflicts with that term?

    10) Three issues facing the future of the Supreme Court are: a) the number of Justices that can serve on the Supreme Court at once, b) the term length that a Justice serves on the Supreme Court, c) the people who have the power to place a Justice on the Supreme Court. Explain if you would keep or change the existing rules governing each issue.

    11) In 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?

    12) Do the “Exclusionary Rule” and the “Fruit of the Poisonous Tree” doctrines that the Judiciary created strike the correct balance to you between protecting the 4th Amendment rights of the accused and granting government the power to protect others in society?


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