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Law Day 2006 "Should" Questions
There are seven possible "should" questions below. Choose one that you would like to write about. You may create a "should" question of your own, but find and refer to a Supreme Court case to form your opinions. If you have any problems with the URLs please e mail Mary Ann Farris at fmaunique@aol.com for corrections. The seven "should" questions have links to Supreme Court cases on www.findlaw.com. The opinions of the court are often preceded by a "syllabus" that summarizes the actions of the court. Generally, each syllabus begins with a paragraph summary and is followed by numbered summaries of the holdings (rulings) that are found in the case. A one or two sentence summary of the court's holding is often found near the end of the summary paragraph. The syllabus often gives references to page numbers of the opinion. Because findlaw.com has each case on one web page that users scroll through (rather than one web page for every page of the official opinion), citations and page numbers are listed in green colored brackets throughout the opinion. (The page number is the last number within the green bracket.) (Footnotes are blue underlined numbers.) Students might wish to read certain pages that are referenced in the syllabus. The full opinion may provide useful quotations or ideas for the essays. SHOULD QUESTIONS: 1. Suppose that the executive branch has become aware that a congressman has been misappropriating federal funds and selling military secrets. Should the president issue an executive order expelling the congressman from the House of Representatives?
2. Suppose that our elected officials in the United States Congress are displeased with the president’s military decisions, and have passed a law declaring the Speaker of the House to be the temporary Commander in Chief for a specified period of time. Further suppose that the Senate and the House of Representatives have overridden the president’s veto and it has become law. Should the judicial branch of government be able to overrule a law on constitutional grounds?
3. Suppose that the United States Congress wants to be the branch of government to decide whether an existing law is constitutional. Should Congress have the power of judicial review?
4. Suppose the United States is in the process of writing a new Constitution, as Thomas Jefferson once envisioned might be necessary every twenty years because “the earth belongs always to the living generation.” Should the constitution include more specifications of separate and mutually exclusive duties for each branch of government?
5. Suppose that the president, acting on his own authority and without a court warrant, has ordered surveillance on suspected foreign terrorist operatives within the United States. Should the president be able to order federal officials to eavesdrop on people within the United States?
6. Suppose that the President has chosen a Supreme Court nominee that some members of the United States Senate do not want to confirm. Further suppose that the nominee does not lack adequate legal training or legal experience, and that there is no evidence of unethical behavior such as racial or religious prejudice in the nominee’s background. Should members of the United States Senate be able to reject the president’s nominee for the Supreme Court because they disagree with his or her political beliefs?
7. Suppose that Congress wants to create a new Federal Land Agency that will have the authority to pass and enforce laws related to vehicle use on federally owned land. Should congress delegate the authority to make and execute laws to the same agency?
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