Reference no: EM131635090
Need help with this essay, the essay prompt is attached, there are 3 topic and you can choose one topic to write about.
Essay Question#1
The National Government was delegated the power of National Supremacy along with the Necessary and Proper Clause and Commerce to help govern the nation and the states. Define and discuss the evolution of Federalism in the United States.
Your paper should answer these three questions:
1. Discuss how Justice Marshall defined National Supremacy in McCulloch v. Maryland (1819) and the courts construction of Dual Federalism (what is it, when was it applied?) in Barron v. Baltimore (1833) and Dred Scott v. Sanford (1856).
2. Contrast the Marshall and Taney Court's rulings with those of Cooperative Federalism (what is it, when was it applied?). Discuss Congress and the Court's use of the Necessary and Proper Clause, Interstate Commence Clause and 14th Amendment in implementing this stage of federalism.
3. Compare the Supreme Court's rulings during Cooperative Federalism with the ruling in U.S. v. Lopez (1995) or any other cases from the Rehnquist or Roberts' Court defining New Federalism (what is it, when was it applied?).
Essay Question#2
14th Amendment--Incorporation Doctrine--Due Process Clause
Define the intent of the 14th Amendment. Specifically, state how the passage of the 14th Amendment relates to Dred Scott v. Sanford (1857) and Barron v. Baltimore (1833). Why was the 14th Amendment necessary in contrast to the holdings of these two cases?
Explain how the Supreme Court has interpreted the Fourteenth Amendment to apply the Bill of Rights to the states (total or selective incorporation).
In your answer, briefly discuss how the Court's intent (not decision) in Gitlow v. New York (1925) and Palko v. Connecticut (1937) has influenced the inclusion of rights to be incorporated into the states.
Select a right that has been incorporated into the states and briefly argue the legal reason's why the Supreme Court defined the right as fundamental.
Essay Question#3
14th Amendment--Equal Protection Clause--
Define the intent of the 14th Amendment. Specifically, state how the passage of the 14th Amendment relates to Dred Scott v. Sanford (1857) and Barron v. Baltimore (1833). Why was the 14th Amendment necessary in contrast to the holdings of these two cases?
• Define the Framer's objective of the Equal Protection Clause of the 14th Amendment. How did the Supreme Court interpret and implement the Equal Protection Clause in Plessey v. Ferguson (1896) in contrast to Brown v. Board of Education (1954)? (Legal theory and analysis)
How has the Equal Protection Clause been interpreted and implemented in Regents of the University of California v. Bakke (1978)? How was the Bakke decision applied to the following cases?
• Grutter v. Bollinger (2003)
• Gratz v. Bollinger (2003)
Attachment:- Essay Questions.rar
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