Hypothetical Cases, Writing Assignment help

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HYPOTHETICAL CASES

Answer ONE of the following TWO questions. Be sure to
indicate which hypothetical scenario you are answering. 

Remember, these are hypothetical cases.  This
means that parts of them may be similar to several of the cases we have
encountered in the course.  However, by
their very nature, hypothetical cases are designed to prod students to apply some of the principles and
holdings of prior cases to cases that could potentially arise later on.  In other words, based on the cases that we
have studied
, what types of arguments (rooted in court cases) could each side
make?  Try to be as specific as possible
regarding the ways in which the hypothetical case is similar to and/or different
from the cases you believe are relevant to the situation.

Part I: 
Hypothetical Cases (40 points)

A:  After the 2016
elections, the Republican Party maintained a narrow majority in the United
States Senate.  With the Republican Party
controlling both the Senate and the Presidency after the election of Republican
President Donald Trump, Senate Democrats began filibustering President Trump’s
judicial nominees.  According to the
Constitution, the Senate must give its “advice and consent” to the president’s
judicial nominations, and this phrase has always been understood to mean that a
simple majority of 51 Senators should be enough to confirm a nominee to
the federal courts.  But by using a
procedural roadblock known as the filibuster—which is part of the Senate’s
institutional operating rules or bylaws and —Democrats are effectively requiring
nominees to get 60 votes in order to clear the Senate.  Frustrated Republican Senators filed suit in
federal court, claiming the Democratic filibusters violated the simple majority
vote for judicial nominees represented by the Constitution’s “Advice and
Consent” clause.  Democrats claimed this
was a political question and the courts should not get involved.  Drawing on the cases we have discussed
dealing with the political question doctrine, which side has the more
compelling argument?  Why?  What cases might each side use to support
their arguments?

B:  In 2006,
former CIA operative Valerie Plame and her husband Joseph Wilson filed suit
against then Vice President Dick Cheney. 
Plame claimed that Cheney had orchestrated a campaign that led to the
leaking of her secret or “covert” status as a CIA operative, and that Cheney
had done this in retaliation for her husband’s criticism of President Bush’s
Iraq policy following the 2003 invasion. 
She sued the Vice President for unspecified monetary damages in a civil
suit, arguing his actions were a “gross invasion of privacy” that could
jeopardize the safety of her family. She also alleged the leak had limited her
employment opportunities, since she could no longer work at the CIA after her
cover was blown.  Vice President Cheney
claimed immunity from suit.  He relied on
several cases dealing with presidential immunity to make this argument, and
said that presidential immunity should naturally extend to other high-ranking
administration officials such as himself, “in view of the complexities of the
modern presidential administration.” 
What Supreme Court cases might each side have cited in making their
arguments?  Which side do you believe has
the better argument?

Part II (maximum of 10 points)

The Framers of the U.S. Constitution would have great
trouble recognizing today’s presidency. Few delegates would have supported the
far-reaching powers wielded by modern presidents. Some scholars lay the blame
(or credit, depending on your perspective) for this “aggrandizement” of the
American presidency directly on the Supreme Court. Do you agree? Specifically,
do you believe that the Court has been particularly generous to the president
in interpreting the scope of his constitutional powers? In addressing this
question, be sure to (1) justify your response with references to at least
three U.S. Supreme Court cases, and (2) consider, incorporate, or at least
acknowledge arguments that may not support your response.

(The cases are in the uploading file)

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