Paper Assignments for Posc 350 (Public Law)

Paper # 1: An unconstitutional Constitutional Amendment?

On Pages 13-15 of We The People (Ackerman), the author discusses the possibility of a Constitutional Amendment establishing Christianity as the state religion of the American people. This Amendment would clearly violate the principles of the 1^st Amendment, but, Article V of the Constitution explicitly allows for later generations to amend the Constitution. Put yourself in the position of a Supreme Court Justice hearing a case seeking to declare the Amendment unconstitutional. Write a 2-3 page paper explaining How and Why you would rule. Be sure that your answer discusses many of the following issues:

• Do you have the power to overturn the Amendment?
• Because the process by which this new Amendment was passed meets Constitutional muster (Article V was followed), does that fact trump the fact that the content of the Amendment seems to violate the principles of the Constitution?
• Regardless of how you rule, there will be sever consequences to future generation in terms of the law. Discuss how your ruling will affect future generation’s ability to rule themselves.

Link to Pages 13-15 of Ackerman

Paper # 2: An historical case study of one SC Justice Nominee’s path to the bench.

We have been studying the political nature of the court. Nothing about the court is more political than the nomination process. Your assignment is to select one justice who was appointed to the Supreme Court between now and 1960 and write a 2-3 page paper describing how s/he made her way to the court. Your paper should discuss the following:

• What political considerations led the President to select the Justice? (Racial, Gender, Religious, Regional, Ideological)
• What were the main issues/controversies that arose during confirmation?
• Who were the “also-rans” and why didn’t they get selected? (people considered but eventually rejected as a choice for the bench)

Paper # 3: All three books we read this quarter make the argument that judicial lawmaking does not occur in a legal vacuum. In other words, the courts are significantly influenced by political events, ideology, and a desire to achieve and “ends” as well as maintain a “process.” Identify the thematic and empirical similarities between Keck, O’Brien, and Manweller and then discuss any differences they may have.

Paper Scoring Rubric

1. Spelling, grammar and punctuation 10 pts

2. At least 2 references/citations 5 pts

3. Logical organization of paper:

Intro, thesis, supporting evidence, and a conclusion 10 pts

4. Depth/intelligence of argument 15 pts

5. Did you cover all the required topics? 10 pts

Loss of points if:

No name

Not stapled

Paper arrives in silly, wasteful plastic binder

Late--5 points per day