Constitutional law , short answers and two essay questions

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1. Explain in detail the three judicial philosophies we discussed in class (the
three different approaches to interpreting the Constitution). What are the pros
and cons of each? What is the current make-up of the court with respect to
members and philosophy, and how will the newly nominated Justice Neil Gorush,
change that?
2. What is the Logan Act, and how might President Trumpâ??s now disgraced
National Security Advisor Michael Flynn be in violation of it?
3. What is the â??emoluments clauseâ?? of the US Constitution, and why might
President Trump arguably be in violation of it? What is one simple solution he
can take to ensure that he is not in violation of it? What happens (or should
happen) if he is in violation of it? Explain how the procedure should work.
4. What is the concept of federalism and why bother with states to begin with?
Why have a Nerw York, and a Utah, a Rhode Island and Maryland? Why not just
have one national government? What are areas of law best (or traditionally)
left up to the states to decide, and what are best left to the national
government to decide?
5. Explain the Chevron doctrine as best you can.
6. Explain the Mexican Border Patrol Agent case currently before the Supreme
Court. What are the arguments on both sides of that case?
7. Explain the Pending Deportation Case of the undocumented Mexican worker
currentky before the Supreme Court. What are the circumstances and what are the
arguments on both sides of the case?
8. Explain why Donald Trumpâ??s slogan â??Make America Great Againâ?? was so
effective in the upper-midwest states of Michigan, Wisconsin, Ohio and
Pennsylvania, and was not at all effective in states like Colorado and New
Mexico?
9. Rewrite the following rule to make it more precise â?? more exact: â??No
vehicles are allowed in the park.â??
10. Rewrite the following rule to make it more precise â?? more exact: â??No
bullying.â??
11. Explain why there is legitimate debate about the alleged â??Right to Bear
Armsâ?? (the right to own a gun). How can the Second Amendment to the US
Constitution be interpreted differently?
12. Explain where a women derives her federal Constitutional right to an
abortion? Where in the Constitution does the word â??abortionâ?? appear?
13. Explain where a gay couple derives their federal Constitutional right to
gay marriage? Where in the Constitution does the word â??marriageâ?? appear?
14. There were two main arguments used to throw out President Trumpâ??s
â??travel banâ??. What were they?
15. As of the moment you take this exam, the Supreme Court consists of only
eight justices even though Justice Scalia died almost two years ago? Why? How
long do you expect this situation to last, and why? What do you think the
Democrats should do with respect to his replacement? What will they probably do
in fact?
(turn over ——————ï? )
Essay (25 points):
The fourteenth amendment to the United States Constitution provides in relevant
part that:

â??All persons born or naturalized in the United States, and subject to the
jurisdiction thereof, are citizens of the United States and of the State
wherein they reside. No State shall make or enforce any law which shall abridge
the privileges or immunities of citizens of the United States; nor shall any
State deprive any person of life, liberty, or property, without due process of
law; nor deny to any person within its jurisdiction the equal protection of the
laws.â??

John in a FAB (Female Assigned at Birth) and also a FTM (Female to Male) person
and as such he is transgendered. He claims it is his protected Constitutional
liberty interest to use the male bathroom, without having to show both his
birth certificate and proof of sex-reassignment surgery. The state of North
Carolina asserts that all people must use the bathroom that corresponds to the
sex assigned at birth, and show proof â?? i.e. a valid birth certificate each
time they enter the bathroom. The Obama administration believed John should be
allowed to use the bathroom of his choosing, and the Trump administration
believes North Carolina has the right to govern itself and pass its own rules
on bathroom use without being harassed by the national government. Apply the
three judicial philosophies to this case, and assume John sues before the US
Supreme Court. What are the arguments on behalf of John? What are the arguments
on behalf of North Carolina? What is your opinion? Why? Discuss thoroughly.

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