a. Which approach best characterizes Justice Stevens’ opinion of the Court in U.S. Term Limits, Inc. v. Thornton (1995)? Explain.
b. Which approach best characterizes Justice Thomas’s dissent in the same case? Explain.
A central issue in constitutional politics involves whether the authority granted in Article II exhausts the powers of the President. To what extent does the President enjoy inherent powers and extraordinary powers in times of emergency? Scholars disagree on this important question. Discuss the theories of presidential power. Discuss the Supreme Court’s acceptance or rejection of these theories by relying on cases that were discussed in this unit. Be specific. To which theory (or theories) has the Supreme Courtsubscribed, and why? To which theory (or theories) did the Framers probably subscribe, and why?
In his dissent in Baker v. Carr, Justice Frankfurter denounced the majority for “asserting destructively novel judicial power” in its decision. What did Frankfurter mean? What alternative remedy did Frankfurter offer in his dissent for those aggrieved voters who had brought this case? Explain.
Explain how Baker v. Carr and Shaw v. Reno, which are viewed as landmarks in establishing a cause of action under the Fourteenth Amendment, are analogous. With what objections from dissenters did Justices Brennan and O’Connor have to contend in their respective majority opinions?Order Now