Essay on the Constitution’s Authority solution

Essay on the Constitution’s Authority

Order ID	53563633773
Type	Essay
Writer Level	Masters
Style	APA
Sources/References	4
Perfect Number of Pages to Order	5-10 Pages

Description/Paper Instructions

 

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).

ESSAY PROBLEMS

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?

 

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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