Instruction
* Special notes- in answering these questions it is imperative that you use correct grammar and correct punctuation. What needs to be italicized an abbreviated and capitalized is essential. Answer every sub question and its entirety, no need for anything extra, just addressed the full question...
If any of these terms pop up in your research please use them in the question there may be other terms that come to your attention and you may need to use them but if these come up please use them--Missouri v Holland
Curtis-Wright
Zivototsky
Milligan
Ex Parte Milligan
Korematsu
Quirin
Cohens
Coyle
Baldwin
Dred Scott
Answer each question in as much detail as possible. You must answer every question and sub question. Each enumerated question is worth 25 points
Question 1- war- according to the Constitution, what general, defensive, and diplomatic powers do the president, senate, and congress have during War and Peace? Provide three examples in which the Supreme Court expanded Presidential Power. How has the Supreme Court handled situations in which former American citizens have betrayed their country? Compare and contrast ex parte Quirin with Hamdi vs. Rumsfeld
Question- federalism
What is federalism? Why is it an intrinsic aspect of American jurisprudence? What is the difference between dual federalism and cooperative federalism? Provide two court cases in favor of both forms of federalism. How does federalism affect civil rights? Compare and contrast the civil rights cases to Jones vs Alfred H Mayer.
Question 3- commerce Clause
What is the Commerce? How does chief justice Marshall Define commerce in Gibbons? How is the Commerce what interpreted during the era of dual federalism? Provide an example. How is the Commerce interpreted during the era of cooperative federalism? Provide a quote example. How is the Commerce interpreted during the rehnquist court? Provide a court example.
Question 4 - judicial interpretation
How does originalism and the living Constitution affect our understanding of federalism? Provide two examples of how originalism influences the decision of a case. Provide two examples of how the living Constitution influences the decision of a case. Is originalism exclusively conservative and the living Constitution exclusively Progressive?