PLEASE ANSWER TWO OF THE FOLLOWING ESSAY QUESTIONS
- Discuss the reproductive rights debate. Discuss the opposing constitutional sides? Which side did the Roe v. Wade decision come closest to supporting? Which did the Webster decision come closest to supporting? Which side do you think should prevail? Which debate would you argue is more contentious, the one over reproductive rights or, the right to die? Explain.
2.Discuss the debate over same sex marriage in this country. The US Supreme Court recently ruled that same sex marriages must be allowed in all of the 50 states. Consider the ethical and constitutional arguments on both sides. On the basis of that discussion, which side do you believe should have ultimately prevailed? Why? In answering this question be sure to think about the Constitution carefully. Is this an example of federal overreach, in your opinion? Explain.
3.Approximately when did the transition occur from dual to cooperative federalism? What brought it about? What is the means used to sustain the cooperative relationship? Does cooperative federalism continue to exist today? Explain. Is the current trend moving in the direction of more or less cooperation? Explain. When did that trend commence? Explain. What would you argue is the most appropriate direction the nation should take with regard to cooperative versus dual federalism in the next 12 months? Explain. Which direction is it likely to pursue, in your view? Explain.
4.Xavier Becerra, California AG and the Trump Administration are quarrelling over federal government regulation of family planning facilities. Discuss the two positions. Which would you argue stands on the firmest ground constitutionally? Explain. Is this a matter better handled by Articles I and II of the constitution or Amendment X?Explain. Do you imagine that President Trump’s position is more or, less, constitutional? Explain.
5.The US Department of Justice has just announced that it is suing California because its’ “sanctuary state” status has run it afoul of federal authority? Discuss your views on this suit from ethical and constitutional perspectives. Do you imagine that the federal government, or California, will prevail? Why/why not? Would you support the federal government or California? Be sure to carefully consider the aforementioned ethical and constitutional considerations in your answer. In the meantime, what would likely happen to a person charged with an immigration violation who fled to California to avoid charges in another state?
6Select any current event. Which level of government, federal or state, would you suggest has been the most influential for that issue? Explain. Which branch of government has been most influential? Which branch of government has responsibility for checking and balancing the one that you have selected? Explain. Has it been able to adequately perform that function? Why/why not? In assessing the level of effectiveness in checking and balancing, be sure to consider that role that partisan politics might play in your assessment.
7. Discuss the Affordable Health Care Act. What effect did its enactment have on federal state relations? How do you imagine it came about? What would you suggest as a way to break the stalemate between its supporters and opponents? Which side would you argue is on firmer ground constitutionally? Who would you argue holds the position more consistent with American national values, Obamacare or “Trumpcare”? Explain.
8. There is a considerable amount of support in the United States today for the “resist Trump” movement. What is your view on this resistance effort? Provide a debate on the notion of “resisting” on constitutional grounds. Based on that debate, explain which side do you argue should prevail, comply or, resist? Account for any disparity or, consistency, between your initial opinion and the debate outcome.