The Courts and the Topography of Modern Public Policy Essay Assignment Paper

We have advanced nursing paper writers to help on  MMPP 6280:Week 5: The Courts and the Topography of Modern Public Policy Essay Assignment Paper

We have advanced nursing paper writers to help on  MMPP 6280:Week 5: The Courts and the Topography of Modern Public Policy Essay Assignment Paper

MMPP 6280: Policy and Politics in American Institutions | Week 5

William Hudson (2017) refers to the judicial branch of the U.S. government as the “Imperial Judiciary.” This term seems at odds with American democracy and the representative republican form of government. However, if you consider that unlike the President or members of Congress, Supreme Court justices and other federal judges are not elected by the people, Hudson’s term seems fitting.

This week, you examine the implications of electing federal judges and Supreme Court justices on public policy and on American democracy, in general.

Learning Objectives

Students will:

• Analyze the effects of Supreme Court decisions on state and local public policies
• Compare power of federal and state courts
• Evaluate the impact of stare decisis upon judicial review
• Evaluate the federal judicial confirmation process
• Analyze impact of judicial appointments on public policy

Learning Resources

Note: To access this week’s required library resources, please click on the link to the Course Readings List, found in the Course Materials section of your Syllabus.

Required Readings

Hudson, W. E. (2017). American democracy in peril: Eight challenges to America’s future (8th ed.). Thousand Oaks, CA: Sage.

• Chapter 2, “The Second Challenge: The Imperial Judiciary” (pp. 65-101)

Shafritz, J. M., Lane, K. S., & Borick, C. P. (Eds.). (2005). Classics of public policy. New York, NY: Pearson Education.

• Chapter 8, “Policy Reviewing by the Judiciary”
  • The Federalist No. 78 (1778) (pp. 285–290)
  • Brown v. Board of Education (1954) (pp. 297–300)
  • Miranda v. Arizona (1966) (pp. 302–309)

Cornell University Law School Legal Information Institute. (n.d.). LII collection: US Supreme Court decisions. Retrieved September 3, 2014, from http://www.law.cornell.edu/supct/supremes.htm

Oyez, Inc. (2011). Retrieved from http://www.oyez.org/

Supreme Court of the United States. (2014). Retrieved from http://www.supremecourt.gov/

MMPP 6280:Week 5: The Courts and the Topography of Modern Public Policy Essay Assignment Paper

Discussion 1: State and Federal Courts

State and federal courts impact public policy in many ways, and it is important to consider this as someone who aspires to be a leader in the field. Think for a moment about an argument by Alexander Hamilton in Federalist No. 78:

and it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments; that as all the effects of such a union must ensue from a dependence of the former on the latter, notwithstanding a nominal and apparent separation; that as, from the natural feebleness of the judiciary, it is in continual jeopardy of being overpowered, awed, or influenced by its co-ordinate branches.

Against the backdrop of Federalist No. 78, consider the impact of the High Court on public policy from two landmark cases: Plessy v. Ferguson (1896) and Brown v. The Board of Education of Topeka, Kansas (1954). In Plessy v. Ferguson, the Supreme Court decided that the concept of “separate but equal” fell within the realm of the 14th Amendment’s equal protection clause. Fifty-eight years later, in Brown v. The Board of Education of Topeka, Kansas, the High Court overturned its earlier decision based on the premise that separate was inherently unequal. The Brown decision is a landmark Supreme Court case. It ended segregation in schools and public places and set the Civil Rights Movement into motion.

The question still remains: In the creation of public policy, do we really have nothing to fear from the judiciary, as Hamilton suggests?

For this Discussion, find and cite your choice of two recent articles from the Lexis Nexis Academic or LegalTrac databases at the Walden Library. Then, select one of the recent Supreme Court decisions identified below, or one with which you are familiar, that has impacted or is impacting state or local public policies.

• Kelo v. City of New London
• Roper v. Simmons
• Burwell v. Hobby Lobby Stores
• Obergefell v. Hodges

By Day 3

Post the identity of the case you selected and describe the decision in the case. Then, explain how the decision affected or continues to affect public policy. Compare how the issues in the decision were addressed in the federal court or the state court. Include an explanation of the reach of the federal government versus the state’s reach regarding this particular issue.

Be sure to support your postings and responses with specific references to the Learning Resources.

Read a selection of your colleagues’ postings.

By Day 5

Respond to at least two of your colleagues’ postings in one or more of the following ways:

• Ask a probing question.
• Share an insight from having read your colleague’s posting.
• Offer and support an opinion.
• Validate an idea with your own experience.
• Make a suggestion.
• Expand on your colleague’s posting

MMPP 6280:Week 5: The Courts and the Topography of Modern Public Policy Essay Assignment Paper

Discussion 2: Lifetime or Limited Terms?

Consider what it means to be in a professional position for a lifetime. Now think about being in a position that serves the public for a lifetime. Is it possible for someone to effectively serve people, particularly in an appointed position, for a lifetime? There are compelling arguments about the U.S. Supreme Court justices and whether or not they should be appointed for life or have limited terms similar to the President or Congress. Think for a moment about what impact this might have on the service to the public and the creation of public policy.

For this Discussion, review this week’s Learning Resources and consider the modern judicial confirmation process.

By Day 4

Post your recommendation for changes to how federal judges are nominated, reviewed, and approved for service. Justify your reasoning. Explain at least two implications the current lifetime appointment has for the judiciary role of “interpreting the Constitution” and how that impacts public policy. Support your response by using the Learning Resources and current literature.

If you are an international student, explain how judges are nominated, reviewed, and approved for service in your nation or country and how this has impacted public policy.

Be sure to support your postings and responses with specific references to the Learning Resources.

Read a selection of your colleagues’ postings.

By Day 6

Respond to at least two of your colleagues’ postings in one or more of the following ways:

• Ask a probing question.
• Share an insight from having read your colleague’s posting.
• Offer and support an opinion.
• Validate an idea with your own experience.
• Make a suggestion.
• Expand on your colleague’s posting.

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