Court Declaration of Legislative Decisions Debate Constitutional Powers Essay – Assignment Help

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).


1) A tension can sometimes arise between two important objectives of the United States government: “protecting democracy” and “protecting individual rights.” Briefly name one current political issue. Then fully explain why the government should prioritize one of the two objectives over the other in resolving that current political issue. If your answer is a complete balance between those objectives, explain why that balance is best.

2) James Madison tried to balance all the benefits of allowing “factions” with the cost of accepting their potential to violate the rights of 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) Does any specific branch of the national government lack the necessary power to properly protect the rights of citizens as a direct result of the way “checks and balances” is set up by the Constitution? 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 affirmed the power of Judicial Review. Do you think that a) Judicial Review is a legitimate power for the Judiciary to have, and b) was a legitimate legal tool for the Court to use in deciding the final issue of the case?

5) Would you change the “Case or Controversy” requirement or the “Advisory Opinion” rule to allow the Courts to have more power to change law before a case comes to them?

6) In McCullough v. Maryland, the Supreme Court affirmed implied power. Do you think that a) Implied Powers are legitimate for Congress to have, and b) are limited enough by the Supreme 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 changes would be better than what we currently 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. Does the 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?

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