Assignment:
Explain why federal Justices, who are not popularly elected, have such wide authority to strike down popular laws; why do judges have such enormous power with so little public accountability? Please use the term Judicial Review in your response. Why does the U.S. have such an undemocratic institution in its democracy?
Drawing on Saffell, Meese, and Brennan in ch. 13 of your American Government: Examined Reader, do you think Justices should act according to the dictums of judicial activism or judicial restraint? You will want to include direct references to Meese and Brennan in your response.
Using what you have learned in parts one and two, pretend you are a Supreme Court Justice who must render a decision in Alexander v. South Carolina State Conference of the NAACP. On what are you basing your decision? Which parts of the Constitution or other documents are relevant? Remember you are acting as a justice, not simply expressing your personal opinions.
Reply, thoughtfully, to at least two of your classmates.
Resources:
Open to Debate e-text and the corresponding power point lecture outlines and lectures or video lecture clips
American Government: Examined reader, Chapter 13
Saffell, “The Proper Role for the Supreme Court: Activist or Restraint?
Meese, “Jurisprudence of Original Intention”
Brennan, “A Jurisprudence of Human Dignity”
Online Resources:
http://www.supremecourt.govLinks to an external site.
https://www.latimes.com/politics/story/2020-06-24/supreme-court-2020-term-major-casesLinks to an external site.
other online resources of your choice, as needed
Tips for Success:
– I will be looking for direct references to assigned readings (author and page # citations are adequate). Please limit yourself to the assigned materials.
– More thoughtful analyses utilizing critical thought will earn higher scores.
Grading Rubric:
Part 1.
6 points
Part 2.
6 points
Part 3.
4 points
Writing Mechanics:
2 points
Response to Classmates
2 points
Total possible:
20 points
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