1. The judicial branch is designed to be more independent of public opinion than are the legislature or the executive. Yet the United States Supreme court rarely deviates too far for too long form prevalent public opinion.
a. Describe two ways in which the United States Supreme Court is insulated from public opinion.
b. Explain how two factors work to keep the United States Supreme Court from deviating too far from public opinion.
2. The power of the federal government relative to the power pf the states has increased since the ratification of the constitution.
a. Describe tow of the following provisions of the Constitution and explain how wach had been used over time to expand federal power.
- the power to tax and spend
- the "necessary and proper" or "elastic" clause
- the commerce clause
b. Explain how one of the following has increased the power of the federal government relative tot he power of state governments.
- American with Disabilities Act
- Civil Rights Act of 1964
- Clean Air Act
3. Initially, the U.S. Constitution did little to protect citizens fro actions of the states. In the twentieth century, the Supreme Court interpreted the Constitution to protect the rights of citizens from state governments in a process referred to as incorporation.
a. Define selective incorporation,
b. For two of the following, explain how each has been incorporated. Each of your explanations must be based on a specific and relevant Supreme Court Decision.
- Rights of criminal defendants
- Frist Amendment
- Privacy rights