Judiciary

Over the past few weeks, we have studied the role of the judiciary in the separation of powers. In Federalist no. 78, you’ll recall, Publius argued that the judiciary would be the least dangerous branch of government because it would be institutionally weakest. Write a short essay answering the following question: Is the judiciary the least dangerous branch of government?

Your answer to this question will be your thesis. For example, you might argue, “Yes, it is the weakest branch, and therefore least dangerous, and here is why”; or “The judiciary is actually very strong and here is what Federalist 78 missed”; or “The judiciary is weak in some ways but not in others.”

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Introduce your thesis early in the essay, and then provide evidence for your thesis in the remainder of the essay. Evidence should be drawn from our course readings and lectures, although you are also welcome to cite additional evidence. Your essay should demonstrate your understanding of the argument in Federalist no. 78, what Article III says about the federal courts, how the modern federal courts operate in practice, and how the concepts of judicial review and judicial supremacy have developed over time.

Grading Criteria

Mechanics Requirements:

Calibri font, 12-point type size, 1” margins on all sides, double spaced
Name, date, course, and instructor are included in the top left-hand corner (single spaced)
Paper is properly titled
5 pages in length, not including the Works Cited page
Paper provides proper citations using MLA or Chicago Style footnote citations and a full Works Cited/Bibliography page
Content Requirements:

Essay is clearly written and well-organized with proper grammar and punctuation
Essay advances a clear thesis
Essay provides evidence to support the thesis and demonstrates understanding of the key concepts discussed in the prompt above
Essay demonstrates student’s own independent analysis in argument and conclusions
Essay fairly summarizes and persuasively addresses key counter-arguments
Essay is well-supported with citations to materials from the class

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