Judicial deference to Congress

Article I Paper: In McCulloch v. Maryland, John Marshall argued that the Supreme Court should generally defer to the judgement of Congress. Do you agree with Marshall? Discuss with reference to McCulloch v. Maryland (1-2 pages) Dred Scott v. Sandford (1-2 pages) Key spending and commerce clauses cases: South Dakota v. Dole, NFIB v. Sebelius, and United States v. Lopez (1-2 pages) Trump v. Anderson and elections more generally. Here, focus particularly on whether the Supreme Court was right to reserve the power to exclude candidates for office under Section 3 of the 14th Amendment to Congress (1-2 pages) Then write one concluding paragraph summarizing your position. You will be graded according to the following criteria How accurately do you outline the facts and conclusions of the cases? (15%) Do this briefly at the beginning of each sub-section. This should not take more than one small paragraph. What matters is accuracy rather than length. How effectively do you evaluate the arguments on either side of the prompt and of specific cases? (25%) In an introductory paragraph, briefly outline the main arguments on either side of the prompt. Briefly preview your assessment of the strengths and weaknesses of these arguments. Then, in each sub-section, outline and assess the arguments on either side of the cases. How effectively do you link sub-sections of the paper back to the prompt? (25%) In each sub-section, you MUST link your discussion of the cases back to the prompt. Do not simply summarize the arguments of the cases. For example, do not give the whole history of the Dred Scott case and its legacy: focus on how the arguments in the Dred Scott case reflected different ideas of Congresss power and when the Supreme Court should defer to Congress. Do you accurately cite at least three quotes from course materials in each sub-section? (15%) This is self-explanatory. Course materials include lecture slides and readings themselves. You cannot use outside sources without my permission. If you fabricate ANY quotes, you will receive an immediate F grade. The method of citation is not particularly important, but if you want to be a perfectionist, copy the citation method I use each week in the syllabus. Do you use the correct formatting? (10%) Formatting is Size 12 font, Times New Roman, double-spaced. Do not exceed the page limit. Is the paper clearly written? (10%) Clear writing involves following some of George Orwells rules: Never use a long word where a short one will do; If it is possible to cut a word out, always cut it out; Never use a foreign phrase, a scientific word, or a jargon word if you can think of an everyday English equivalent. Artificial Intelligence tools, such as Chat GPT, can be useful and ethically deployed in the research process. However, this is not a research paper; this is a paper designed to synthesize what you have learned throughout several weeks of this course. Therefore, you are only permitted to use AI tools in proof-reading even this is discouraged, as I will not be grading you on grammar or spelling. Any other use of AI is strictly prohibited. I reserve the right to submit you to an oral examination if I believe you have broken this rule.

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