The analysis should be no more than 3-typed-written pages. Your analysis should be based on your understanding of the Constitution and certain Supreme Court cases, if applicable. This is not a term paper, so do not spend time looking for sources and references other than the provisions of the Constitution and cases.
MAKE THE TWO ARGUMENTS
I. THE SUPREME COURT IS A BRANCH OF GOVERNMENT INDEPENDENT FROM THE OTHER TWO BRANCHES
II. THE SUPREME COURT IS NOT A BRANCH OF GOVERNMENT INDEPENDENT FROM THE OTHER TWO BRANCHES
Some questions that you can ask and answer following:
What “say” (direct or indirect) do the people have on who serves as a justice on the Supreme Court and on the composition of the Supreme Court? For example, do “the people” have a vote, as do “the people” have a vote for the president and congressional representatives? Which government branch nominates a Supreme Court justice? Which branch of government gives approval for a Supreme Court justice? Which branch of government has authority over the composition of the Supreme Court? Based on the method in which the Supreme Court is constituted, can it be independent or not? Should the Supreme Court be independent? Does the two-party system responsibly represent the will of the people?
Please refer to Articles I, II, III, IV, and VI
You may obtain some direction from one or more of the following cases: Obergefell v. Hodges, United States v, Windsor, Brown v. Board of Education, Schenk v. United States, Katzenbach v. McClung, New Times v. Sullivan, Heart of Atlanta Motel v. United States, Loving v. Virginia, Scott v. Sanford.
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