Posted: September 22nd, 2022

Provide at least two examples depicting what each side believed would happen as the judicial branch evolved.

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ESSAY PROMPT:
The founding fathers of the United States created the judiciary branch with the intent that it be an independent, co-equal
branch of government. They wanted a branch of government that would be separated and protected from political
influences and that would uphold the principle that everyone, including government, be accountable under the law.
Based on the context above, write a well-developed essay that responds to the question: Should the federal judiciary be
the last line of defense in protecting constitutional rights and freedoms? Why or why not?
Be sure your response includes the following components:
1. Identifies and discusses the debate between the federalists and the antifederalists regarding the federal judiciary.
Be sure to provide historical context to this discussion. Provide at least two examples depicting what each side
believed would happen as the judicial branch evolved.
2. Compares how membership in the federal judicial branch differs from membership in the federal executive and
legislative branches, and why the difference is significant.
3. Addresses how the judicial system was set up to be free from political influence and based on the rule of law.
4. Identifies founding principles of American government and explains how those principles are exemplified in the
functions of the judicial branch. Provide at least two examples of principles.
5. Explains judicial review and whether or not the founding fathers intended for the federal judicial branch to have the
power of judicial review, including why or why not.
6. Provides examples of how the federal judicial branch uses judicial review to determine whether the acts of the
Congress, the executive branch, and state governments comply with the Constitution. Use examples for all three of
these or just one or two.
7. Provides examples of how judicial review has been used by the federal judicial branch to define and protect
freedom, equality, and justice. Be sure to provide between one to three examples that show how the federal
judicial branch has done this.
8. Makes a final evaluation (based on your opinion) of whether the federal judicial branch has evolved more along
the lines of what the federalists argued would happen or along the lines of what the antifederalists argued would
happen. Be sure to use at least one to three strong examples that clearly show how the judiciary has evolved to
support the arguments of either the federalists or the antifederalists.
9. Draws upon your final evaluation to take a position (your opinion) on whether the federal judiciary should be the
last line of defense in protecting constitutional rights and freedoms of American citizens. Why or why not? Be sure
to provide a coherent explanation that includes your final evaluation to support your position.
ESSAY CHECKLIST:
✓ Be sure the question is addressed clearly throughout your essay.
✓ Be sure your essay provides a clear, logical flow.
✓ Be sure to provide clear and coherent examples (evidence).
✓ Be sure your essay provides evidence, analysis of that evidence, and a strong conclusion.

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