Answer one of the questions below. Make sure to address all the elements of the question and to ground claims about the texts appropriately. Make sure it is obvious which question you are answering. You need to have a thesis statement (which is an argument) that you seek to prove. You will be graded on the strength of your argument and the persuasiveness of your evidence. Remember a good argument includes the best counterarguments that could be leveled against your argument, and you need to include your best responses to these counterarguments. Your introductory paragraph should include a roadmap that outlines the evidence you will be using in the rest of the essay to prove your argument. The more novel, unique and interesting your thesis, and the better you prove your thesis, the better your grade.
The paper will be submitted through a plagiarism detector.
You will want to start early on this assignment, and you will want to work through a number of drafts, and you will want to edit for clarity of your argument. In general you want to avoid using long quotes; instead, paraphrase and use short quotes. I dont care which citation style you choose but you should be consistent with your citation style and you need to make sure I can find the source if I decide to look it up. Outside research is also heavily discouraged! I want to see how well you can reason with the text we have read; typically people substitute outside research for their own reasoning. Spend time thinking (which is hard work) and less time researching others arguments (which is easier).
Papers need to be 1800-2200 words double-spaced, 12 size font (Times New Roman), regular margins. Submitted via Canvas as an MS Word document. You will also want to look over the document
and review the section titled
Also, look over the
before you submit your essay.
Due date: Monday, Feb 21, 11:59 pm via Canvas. Late Papers will be docked 1/3 grade per day (ie. a B would turn into a B- if it is turned in at 12:05 AM Feb 22st, and it becomes a C+ at 12:05 PM Feb 23.)
- Which of the theories of constitutional interpretation do you agree with the most? Which do you agree with the least? Defend your answer and discuss with reference to at least two cases that we read in this class.
- Each of the four theories of constitutional interpretation attempts to resolve the counter-majoritarian difficulty by positing a democratic account of how to interpret the Constitution. Which of these theories succeeds the most? Discuss with reference to at least two cases and
- Is there a way to resist judicial supremacy while still affirming judicial review? Discuss with reference to Brutus & Hamilton and one other theorist we have read. You might also choose to discuss Marbury v. Madison.
- In Marbury v. Madison the Court claimed the power of judicial review. Was there a constitutional basis, textual or otherwise for this assertion? Does your reasoning also require that the Court be granted judicial supremacy? Discuss with reference to at least two cases we have read in this class.
- Is it possible for the Court to be the primary or exclusive institution for discerning whether an issue concerns congressional or executive authority without usurping the legitimate power of the other branches?