|Perfect Number of Pages to Order||5-10 Pages|
Pick ONE of the questions below and write an essay about it. Please include the question you’ve selected to answer in the first paragraph of your essay. This essay should be typed on at least one single-spaced page in Times New Roman font, 12 point. Essays that are just recaps of the content covered in class will not be accepted. I’m looking for a well-organized, well-written, and clearly communicated essay that is guided by your thesis stance, supported by your arguments, and backed up by course information. (Apart from the course content, there are no further references).
Do you think the development of the concepts of “Incorporation” and “Reverse Incorporation” by the judiciary was constitutionally valid? You can answer this question by discussing the origins of one or both of those doctrines. 3) Pick one right presently protected under “Due Process” or one group classification currently protected under “Equal Protection” that you believe should be subjected to more examination or removed entirely from the 14th Amendment’s protection. Explain why the legal standard and the burden of proof at its current level do not allow for the right or group classification you have chosen.
4) In Griswold v. Connecticut, the Supreme Court confirmed that the Constitution has a right to privacy. Do you believe that a) privacy rights need to be safeguarded by the Constitution, and b) the Court’s approach to establishing privacy rights was correct?
5) Do you believe the Judiciary can legitimately use the Ninth Amendment to recognize and provide legal protection for a specific unenumerated right, or do you believe the Constitution or Congressional legislation must be amended to include recognition of that specific right before the Judiciary can legitimately protect it? It could be helpful to use an example of an unenumerated right to answer this topic.
6) Do you believe that a state statute that the Supreme Court has deemed to be a proper exercise of State Police Power could ever be used to limit an express constitutional right? As part of your analysis for this question, provide a hypothetical state law goal and an example of a present stated Constitutional right.
7) In Jacobson v. Massachusetts, the Supreme Court held that a state statute purporting to govern public health and safety must be both necessary and reasonable in order to withstand a valid citizen allegation that the law infringed on their constitutional rights. Those two limitations, however, are not used by every Court. Is it permissible for the concept of State Police Power to extend the reach of the Tenth Amendment too far if a court does not employ them?
8) Do you believe that the New York Bakeshop Act was an illegal exercise of state police power, as Justice Peckham stated in Lochner v. New York?
9) Justice Holmes stated in his opinion in Lochner v. New York that “a constitution is not designed to incorporate a specific economic doctrine.” Should a judge be able to utilize an economic or political theory to help them interpret and apply an ambiguous term from the Constitution when assessing whether a legislative enactment violates that term?
10) Three concerns confront the Supreme Court’s future: a) the number of Justices who can serve on the Court at the same time, b) the duration of a Justice’s term on the Court, and c) the people who have the power to appoint a Justice to the Court. Explain if you would preserve or amend the regulations that govern each issue.
11) In Kelo v. City of New London, the court held that “public purpose” can fulfill the 5th Amendment’s “public use” requirement. Do you believe that this broad understanding of “public use” gives legislatures too much power to declare “eminent domain” and confiscate private persons’ property to give to others?
12) Do you believe the Judiciary’s “Exclusionary Rule” and “Fruit of the Poisonous Tree” theories strike the right balance between safeguarding the accused’s 4th Amendment rights and providing the government the power to protect others in society?