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Homework answers / question archive / The Court or a dissent (or both) sometimes uses a "balancing of interests” test
The Court or a dissent (or both) sometimes uses a "balancing of interests” test. Identify the specific cases where a balancing of interests test was used, and explain how the Court or a dissent (or both) used such a test in each one. 4. In January 2019, House Democrats engaged in planning to use their committees to launch a series of inquiries into various aspects of the Trump administration. Based on Kilbourn, McGrain, Watkins, and Barenblatt what specific advice would you give the committees to insure that their investigations would not be vulnerable to constitutional challenge? Think carefully, and be specific in your answer. 5. Compare Thomas's dissent in Term Limits with Kennedy's dissent in Hollingsworth. What are the similarities between them? 6. What are the practical as well as the constitutional reasons for the Court's intense focus on standing (i.e., why does the Court's decision on standing in cases matter so much?)? Your answer must include references and reasoning from the relevant cases. 7. Why did Black dissent so vigorously in Barenblatt? Why did he disagree so strongly with the Court majority on whether the subcommittee's investigation of Barenblatt violated both a) the First Amendment and b) the separation of powers? For the toolbar, press ALT+F10 (PC) or ALT+FN+F10 (Mac). F ( 12 points Save Answer SECTION IV. Short answer questions. Choose TWO (2) of the following questions. (6 points each = 12 points) 1. Explain the difference between line-item veto, "cancellation,” and “return.” 2. Why did Lamar and Fuller in their dissent in Neagle think that the federal courts should not have taken that case? 3. In which cases did the source (location) of national sovereignty play a role in the opinion of the Court or of a dissent (or both)? Identify the opinions in the specific cases, and explain your answer. 4. Explain how Bush v. Gore was a case that contained issues of A) separation of powers, B) federalism, and C) individual rights (a trifecta!). For the toolbar, press ALT+F10 (PC) or ALT+FN+F10 (Mac). B I U ? Paragraph Arial 14px V Nm < A v 2 V Ix | Õ À Q 1. Answer a), b), and c) below. a) What were the two key (primary) factors from Baker upon which Rehnquist relied to determine whether the issue in Nixon was a political question? b) How does he decide on each of these factors – what reasons does he give for his conclusion on each? c) What were the two additional factors regarding political questions that he throws in towards the end of the opinion? (In other words, there were four factors from Baker re: political questions that Rehnquist considered in Nixon: two primary/key factors and two additional ones.) 2. Answer both a) and b) below. a) What is McCormack's (the House Speaker's) argument on the matter of whether Article 1:5 (“each House judges elections, returns and qualifications of own Members”) is linked with or separate from Article 1:2 requirements for membership in the House (age, residency, and citizenship)? Explain your answer. b) What is the Court's answer on the matter of whether Article I:5 (“each House judges electicas, returns and qualifications of own Members”) is linked with or separate from Article 1:2 requirements for membership in the House (age, residency, and citizenship)? Explain your answer. For the toolbar nress ALT+F19 (PC) or ALT+FN+F10 (Mac).
