POL 303 Week 1 Discussion Questions 2 Theories of law

 This work POL 303 Week 1 Discussion Questions 2 Theories of law comprises solution of the following task: "Your text lists and explains eight

Political Science - General Political Science
 Week 1

 DQ 1 Judicial Review . Respond to this 2-part question in your initial post:

 a.  What is the Supreme Court's justification for its claim to the power of judicial review in the American system of government? Fully explain Chief Justice Marshall’s rationale in Marbury v. Madison.

 b.  Do you find this rationale persuasive, especially in light of how the modern Court exercises this power in a decision like Bush v. Gore? Fully explain the constitutional basis of your reasons.

 DQ 2 Congress and Federalism . Respond to this 2-part question in your initial post:

 c.  What is the Supreme Court's justification for recognizing broad and expansive national power in Congress to address what some view as "local" problems? Fully explain the Court’s rationale in McCulloch v. Maryland (by Marshall, C.J.) and the different rationales of various Justices in the 2012 Affordable Care Act (“Obamacare”) cases.

 d.  Which of the Court’s rationales do you find most persuasive? Which are the least persuasive? Fully explain the constitutional basis of your reasons.

 Week 2

 DQ 1 Religious Liberty . Respond to this 3-part question in your initial post:

 Explain the Supreme Court's reasons, in Edwards v. Aguillard (the majority opinion by Justice Brennan), for holding that a law mandating the teaching of creationism in public schools violates the Constitution’s ban on “establishment of religion.”

 Explain the rationale of Justice Scalia’s dissenting opinion.

 Which rationale, the majority or dissent, is more consistent with previous Supreme Court interpretations of the Establishment Clause (see Davis, 2008)? Fully explain the historical and constitutional basis for your position.

 DQ 2 Freedom of Expression . In 2010 the Supreme Court, in a 5-4 decision, held that certain government restrictions on corporate funding of independent political broadcasts in candidate elections were unconstitutional ( Citizens United v. Federal Election Commission ). This controversial decision has been greeted with calls to overturn it by amending the Constitution. Respond to this 3-part question in your initial post:

 Explain the rationale of the Supreme Court's decision in Citizens United (the majority opinion by Justice Kennedy).

 Explain the rationale of Justice Steven’s dissenting opinion.

 Evaluate both the majority and minority rationales. Explain and justify your evaluation by drawing on previous Supreme Court interpretations of the 1st Amendment.

 Assignments

 1. Due by Day 7. Teaching “Intelligent Design” in the Public Schools . Write your paper about a hypothetical proposal that is before the elected school board for the public schools in your city. The proposal stirs deep controversy in the community. Opponents claim that it would violate the Constitution’s prohibition against a “establishment of religion.” The proposed mandatory regulation states:

 “The theory of ‘intelligent design’ shall be taught in the public schools of this city in all classes where the theory of evolution is taught. The theory of ‘intelligent design’ shall be taught as a possible scientific explanation for life, and other aspects of the universe, and as an alternative to the scientific explanation offered by the theory o

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