Political rights of the Constitution

Question 1: Writing in the Federalist #78 Alexander Hamilton famously said that the judiciary “will always bethe least dangerous to the political rights of the Constitution; because it will be least in a capacity toannoy or injure them.” This is nicely (and intentionally) contrasted by the title of Kaplan’s book: TheMost Dangerous Branch: Inside the Supreme Court’s Assault on the Constitution. At this point in the semesteryou’ve been briefly exposed to these different perspectives. But we’d still like you to reflect onwhich perspective you think is most persuasive to you right now. So your task here is to (a) brieflysummarize the argument for the Court being not-so-dangerous [≈ 1 paragraph] (b) do the same forthe argument that it is dangerous [≈ 1 paragraph] and (c) spend some time telling us about whichside is most persuasive to you (and why). In picking a preferred position you should also beaddressing/rebutting the arguments for the opposing position as well [this (c) part should be about2-3 paragraphs long]. Note there’s no right or wrong answer here we’re just looking to see youmake reasonable claims using the material you have available to you at this point.

Question 2: Kaplan writes in Chapter Three that “…The Senate’s job in the Court-filling process is to provide ‘advice and consent.’ TheSenate is a political body and it defies credulity to suggest its role in approving justicesfor life tenure would be apolitical. Many Democrats and Republicans since Bork havetried to turn the confirmation process solely into an inquiry on whether the nominee is‘qualified.’ But that ignores the Senate’s legitimately exercised responsibility” (70).Using evidence from Kastellec et al. (2015) Kaplan and lecture describe senators’approach to the confirmation process and their motivations for behaving the way they do (1paragraph). When are a senator’s political considerations important and when are the nominee’squalifications important when considering a nominee (1 paragraph). Can the confirmation process beapolitical? Should it be (1 paragraph)?

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