LAW AND COURTS EXAM

January 2003

            Directions: Answer one question in Part I and one Question in Part II.

 

Part I

            1. In recent articles and books, Judge Richard A. Posner has argued “against constitutional law theory.” Write a response to Judge Posner, explaining why constitutional law theory is important, if it is, and assessing the assessing the merits and limitations of two or three alternative theories of constitutional interpretation. Cite appropriate literature and cases as illustrations of your points.

 

            2. Assess the legitimacy and institutional capacity of the Supreme Court to bring about major social change? In doing so, compare competing theories in the literature and support your position with appropriate illustrations, cases, and evidence.

 

3. Briefly explain and then critically assess the developing standards in constitutional law and politics with respect to two of the following areas.

a.   the Tenth and Eleventh Amendments

b.   Minority-majority redistricting

c.   The (dis)establishment of religion

d.   The Fourteenth Amendment equal protection clause

 

Part II

            1. At the turn of the last century, Peter Finlay Dunne (Mr. Dooley”) observed that “the Court has followed the illiction returns.” (A) To what extent, if at all, is the statement accurate? (B) Should the Court do so? Please cite and discuss empirical studies of the Supreme Court and electoral politics in developing your analysis.

 

2. In a recent op-ed piece, a Washington Post writer argued that senators should not pay much attention to ideology when considering nominees to lower federal courts.  He wrote that although the justices’ personal views are an important factor in Supreme Court decisions, personal views play a very limited role in the decisions of courts of appeals and district courts.  Evaluate the different aspects of his empirical claim in light of research evidence and logic.

 

3. Two of the most influential books of the last several years are Segal and Spaeth’s The Supreme Court and the Attitudinal Model and Epstein and Knight’s The Choices Justices Make.  Carefully describe the issues on which these books are in agreement and those on which they disagree.  In view of the evidence in these books and in other works, who do you think has the better argument?  Defend your position.