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The final exam for Special Topics in American Politics (PPIA.WB1) is designed to assess whether you have read and gained sufficient knowledge of the subject matter that will allow you to engage in discussions and analysis of the significant public policy issues facing the United States. This is an open-book exam. Therefore, I do not want to see irrelevant information taken from various Internet websites, supposing such materials will sufficiently address the questions being asked. Let me state something quite emphatically--do not
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Section I Answer three (3) of the following four (4) questions. Each question is worth 33% of your final grade. You get one (1) point for submitting your paper.
1. When the Supreme Court rules on constitutional questions, it is expected to operate within specified parameters and base its decisions on established law. Supreme Court justices are not expected to substitute their judgment on policy issues decided by Congress, nor should they invalidate long-term government action. Despite that fact, the Supreme Court has recently made a controversial ruling on abortion rights and returned the power to make Unquestionably, the Court’s decision in Dobbs v. Jackson (2022) has impacted the lives of women across America by returning the power to make The Dobbs decision overturned a woman's constitutional right to choose to have an abortion that had been granted by the Court in the case of Roe v. Wade, issued some fifty-one years earlier. In overturning Roe, the Court returned the power to individual states.to make such determinations. Numerous states have near-total abortion bans and others have implemented abortion laws that range from six to twenty months. These bans are generally enforced by imposing criminal penalties on women and incarcerating health care providers.
The Supreme Court’s decision overturning a woman’s right to choose without specifying a “viability standard” has led to the question of “when does life begin.” This has questions related to the process of invitro fertilization (IVF). As we saw in Alabama a few weeks ago, certain state laws pose a threat to embryo freezing, preimplantation, and genetic testing.
With this as background, how can the impact of the Dobbs decision be limited by the actions of other institutions and state governments? Will the Dobbs decision further stimulate Americans to take political action? Will the Court’s decision further undermine the legitimacy of the Court? Remember the Court is dependent upon the executive branch of government to implement and enforce its decisions.
2. In his article dealing with race and constitutional time, Professor Jack Balkin contends that the issue of race in American politics has operated under the assumption that white Americans will continue to have the largest influence on American politics because they have the largest number of voters. Historically, American politics has been characterized largely by the fact it has been influenced by diverse groups of whites—middle-class and working-class individuals who have chosen the president generally from among a group of upper-class and/or candidates with military backgrounds.
The cycles of constitutional time are changing. For most of American history, the struggle for political power has been between groups of largely middle and lower-income Americans deciding who among upper-class politicians best represented their interests. Non-whites were largely excluded from having significant input in American electoral politics until President Franklin Roosevelt began to attract Black voters during the New Deal Era of American politics.
The changing demographic composition of the electorate means that the political parties are to have to become multi-racial coalitions or be relegated to minority status for decades to come. It is estimated that African Americans, Latinos, and Asian Americans will comprise a majority of voters in America by the middle of the 21st Century. This has implications for the role of the Supreme Court in America, particularly at a time when many of the decisions being handed are eroding the public support for the court.
Answer the following questions in your essay. (1) What changes does the Supreme Court will the Supreme Court have to make to remain a viable institution in American government? (2) Does the Supreme Court need to be reformed to make it a more democratic institution and one that is more accountable to the electorate?
3. Often individuals who have been adversely impacted by a decision of a government agency such as the Veteran’s Administration or Social Security Administration will proclaim that they will take their case “to the Supreme Court.” Unfortunately, the person who feels he/she is aggrieved must surmount several jurisdiction hurdles and policies before the Supreme Court will decide to hear a case. The Court must first decide if it has jurisdiction over a “case or controversy” and whether the issue is worthy of judicial resolution. Once the Court makes that decision, what other hurdles must a party overcome to get his/her case before the Supreme Court?
4. Does justice depend on who sits on the Supreme Court and the process of determining which cases to hear? What factors influence who is chosen by a sitting president to serve on the Court? Assess the factors and parties involved in making this critically crucial decision. How important are interest groups, the legal community, policy preferences, political support, and getting the candidate through the Senate Confirmation process in deciding to nominate a potential Supreme Court justice?
Section II. Extra Credit Questions (True or False)
Each question answered correctly will add one point to your grade on the exam. If you do not know the answer, you should guess. There is no deduction for wrong answers in the extra credit section of the exam.
True or False: The decision in Marbury v. Madison (1803) expanded the power of the Supreme Court by upholding the creation of a National Bank.
True or False: When a petitioner asks the Supreme Court of the United States to issue a writ of certiorari, it is requesting uphold the decision of a lower federal court.
True or False: Judicial Review is a sporadic check on the power of government agencies.
True or False: The votes taken by justices during conference proceedings are final decisions.
True or False: The so-called “rule of four” means that at least four justices must agree before the Supreme Court can issue an opinion.
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The Final Exam for Special Topics in American Politics
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The Final Exam for Special Topics in American Politics
Section I
Question 2
Part I
For the Supreme Court to remain a viable institution in the American government, it has to adapt to the emerging demographic context and evolving dynamics of race and politics in the U.S. Therefore, the Court might engage in various changes;
Interpretation of the Constitution
In his book, Baum (2021) asserts that justices adopted and preserved the seemingly inaccurate interpretations of some legal provisions, believing that it improves the values that are vital to them, such as protecting freedom of speech. However, the plain meaning of legal provisions still exerts an influence on the justices' conclusions, especially when it comes to dealing with diverse cases (Baum, 2021). Therefore, as the demographic composition of the electorate shifts, the Court needs to implement a more dynamic and inclusive method of interpreting the Constitution. This includes reflecting on the emerging cultural, social, and political context in its rulings, especially while dealing with cases of quality and race. By embracing a more contextual and forward-thinking interpretation of legal provisions, the Court can better address the needs and rights of an evolving, diverse population.
Representation
The Supreme Court should also strive for greater diversity among its justices to reflect the demographic makeup of the country. In Baum (2021), the author states that the “attributes of the people who become Supreme Court justices reflect the criteria that presidents use to select nominees" (p. 49). Such attributes often form the shared results that the Court makes and mostly affect the Court's insights. Moreover, Justice Kagan also suggested that diversity in the justices' backgrounds allows individuals to identify with the Court (Baum, 2021). Therefore, the Supreme Court should start appointing judges from different backgrounds, including race and ethnicity, to ensure a larger range of ideas in its decision-making process. Such an initiative will ensure that the Supreme Court improves its legitimacy and credibility as an institution that comprehends and represents the interests of all its people.
Part II
The inquiry of whether the Court needs reforms to become more democratic and responsible to the electorate is a multifaceted and argumentative element that prompts various insights. Supporters argue that changes are needed to address concerns about the Court's composition, choices, and its supposed distance from the will of the people. However, opponents stress the significance of preserving the Court's sovereignty and integrity as a non-political institution.
For instance, a significant advocate for reforms involves the establishment of term limits for the Supreme Court justices. The justices work lifetime appointments, which might result in concerns about justices needing to be more in touch with modern societal standards and predilections (Baum, 2021). Term limits promote greater turnover on the Court, making sure that new voices and insights are often introduced. Moreover, term limits alleviate the political stakes of Supreme Court appointments, as positions might happen more often and be less predisposed to the timing of presidential elections.
However, challengers of the Court's reform caution that making changes that might undermine the Court's sovereignty or politicize its choices might raise more problems within the criminal justice system. They contend that lifetime appointments and insulation from direct e...
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