Position Paper #2 Model Answer

The following notes are 'model' answers to position paper #2; these are not necessarily answers I am expecting from you, as there are more details in these model answers than there are points available. I will use these as a base by which to grade your papers; but if you have given a correct or novel answer, which is not in the model, don't worry - you will get your credit.

 

I have included Google search terms as well; none of the search terms had the quotes when I did the searches. Feel use the internet as a supplement to your notes and your readings, a well-placed search can take you to an encyclopedia or a primary source - such as the rules of the Senate or a current article. My point with highlighting the Google searches, is to show you that you can add to your notes and readings through targeted research on the internet. Plagiarism is a concern; I do not expect any of you to knowingly take someone else's ideas and pass them off as your own, but you want to be careful, as accidents can happen. To that, I encourage group study, but be sure and do the writing independent of your classmates. For example, on the previous position paper, there were two students, writing almost verbatim, the same answer to a question. An instructor will have no way of knowing whether that is an instance of those students finding the same source in a book or the internet, or, students simply duplicating each others' work. Rule of thumb - if you are quoting something you find, put the actual citation - i.e., where you found it - in the text of the document. If you and a classmate are doing each others' work, then you have intentionally plagiarized, and you will both fail the course.

 

 As a matter of housekeeping, you should always keep in mind, that academic papers are the sole way that you communicate with an instructor. Whether it's a beginning course, or a PhD level class, you can always add care to make sure that your instructor sees you as an intelligent student. Anymore, every line of work will require professional writing. Any program you are in at Hawkeye will require that you can clearly explain detailed concepts to someone else. Whether it's a boss, a colleague, or a dissertation advisor, that's the point here. To that, be sure you keep a level of professionalism throughout each piece you write. Think of each document you write as advertising for yourself. Do not write a professional document like a letter to a friend; phrases like, "Well....", and "...I guess..." are entirely out of place and will result in a poor grade. Email/IM terms, such as using "u" in place of "you" will result in failure. If there is a question you are having trouble with, rather than put that in your answer - setting yourself up for failure - just email me, and I'll help you find what you need.

 

 Remember, " You are in college to hone your mind into a reliable thinking machine that will serve you well throughout the rest of your life". (Citation: http://www.georgetown.edu/honor/plagiarism.html#getstuff )

 

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Model Answer:

 

1. General Peter Pace, US Marine Corps

(Google search for "Joint Chiefs of Staff").

 

2. Chief Justice of the United States

(Google search for "Chief Justice").

 

3. A supreme court justice can leave office three ways; retirement, death, or impeachment. Justices are appointed for a term of 'good behavior', which in practice, means, 'life'. But, as with every federal officer, the a member of the House of Representatives may file articles of Impeachment, which means, the House is accusing the officer of an 'impeachable offense'. If the House votes to impeach, then the question goes to the Senate, where that body can either vote to convict or acquit.

Extra credit: Samuel Chase was impeached, but not convicted. Points also given for impeachments in other branches, such as Clinton, Johnson, the Nixon process, Agnew, etc.

(Google search for "impeachment supreme court justice").

 

4. The Constitution creates the entire Court system in Article III, Section I, the Supreme Court, and other 'lower' courts that Congress may 'from time to time ordain and establish'. Congress can decide which types of cases the lower courts can hear, as it did in the Terri Schiavo case; Congress essentialy opened up federal courts to hear a case like hers - 'expanding the courts' jurisdiction'. Congress can not expand the Supreme Court's jurisdiction; its entire authority is spelled out in Article III, Section II. Marbury v. Madison - the case 'creating' judicial review - came about when Congress granted the Supreme Court more power than the Constitution allowed. As a result, the Court nullified the law, and Judicial Review was born.

(Google search for "can congress expand the jurisdiction of a lower court")

 

5. Upon a vacancy on the Supreme Court, the President may choose a replacement. The President formally nominates a candidate, and then the nomination goes to the US Senate; the Senate must advise and consent to a nomination. In practice, that means the President sends the name to the Senate, the Senate sends the nomination to the Judiciary Committee, and then hearings are held by the Judiciary committee to determine a nominee's fitness to serve. The nominee must pass a vote of the committee - either with an endorsement or a simple vote - and then his/her name will be considered by the Senate as a whole. If the Senate passes the nomination, then the Justice is confirmed and may take his/her seat on the court.

(Google search for "nomination process supreme court").

 

6. As a member of the Judiciary committee, you will hear the nominee first. You are entitled to vote against a nominee, or, you are also entitled to threaten a filibuster. A filibuster means that you will hold up the proceeding by speaking idefinitely. There is no requirement that you speak about refer to the nomination, the Senate, or anything, only that you keep talking. You can raise this at any time, either in the committee, or, once the nominee passes the committee, you can raise it again during debate by the full Senate. In response to your filibuster, the a Senator may interrupt you, by 'invoking cloture'. If a Senator invokes Cloture, the entire Senate votes on your filibuster. Cloture requires 60 votes to pass. It cloture 'carries', your filibuster may not continue. This is often used when a nominee might have a simple majority of Senators supporting him/her, but does not have 60 - it is a stalling, delaying tactic, which under Senate rules, each Senator is entitled to.

(Google search for "filibuster supreme court").