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MSU Judicial Powers and Hamilton Question

MSU Judicial Powers and Hamilton Question

Question Description

Question 1:

Writing in the Federalist #78, Alexander Hamilton famously said that the judiciary “will always be
the least dangerous to the political rights of the Constitution; because it will be least in a capacity to
annoy or injure them.” This is nicely (and intentionally) contrasted by the title of Kaplan’s book: The
Most Dangerous Branch: Inside the Supreme Court’s Assault on the Constitution. At this point in the semester,
you’ve been briefly exposed to these different perspectives. But, we’d still like you to reflect on
which perspective you think is most persuasive to you right now. So, your task here is to (a) briefly
summarize the argument for the Court being not-so-dangerous [? 1 paragraph], (b) do the same for
the argument that it is dangerous [? 1 paragraph], and (c) spend some time telling us about which
side is most persuasive to you (and why). In picking a preferred position, you should also be
addressing/rebutting the arguments for the opposing position, as well [this (c) part should be about
2-3 paragraphs long]. Note there’s no right or wrong answer here, we’re just looking to see you
make reasonable claims using the material you have available to you at this point.

Question 2:

Kaplan writes in Chapter Three that,

“…The Senate’s job in the Court-filling process is to provide ‘advice and consent.’ The
Senate is a political body, and it defies credulity to suggest its role in approving justices
for life tenure would be apolitical. Many Democrats and Republicans since Bork have
tried to turn the confirmation process solely into an inquiry on whether the nominee is
‘qualified.’ But that ignores the Senate’s legitimately exercised responsibility” (70).
Using evidence from Kastellec et al. (2015), Kaplan, and lecture, describe senators’
approach to the confirmation process and their motivations for behaving the way they do (1
paragraph). When are a senator’s political considerations important, and when are the nominee’s
qualifications important when considering a nominee (1 paragraph). Can the confirmation process be
apolitical? Should it be (1 paragraph)?


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