Vacancies on the Supreme court - Humanities
These questions are based from the book The Brethren, which I have attached. Please be sure to open EVERY attachment, to ensure the success of this paper. The documents include thorough directions, a rubric, and both passages from the book. Please answer each questions fully and with supporting details. NO DIRECT QUOTES.1.Vacancies on the Supreme court can occur for many reasons. Describe a vacancy in The
Brethren that occurs for internal or personal reasons. [One paragraph]. Describe a vacancy
that occurs due to political reasons. [One paragraph]. What were some reasons for why
certain people were not able to fill these vacancies? [One paragraph]. Why is a vacancy
important to all branches of the national government and how does it relate to this course?
[Two paragraphs].
(2) The Brethren begins with the end of Chief Justice Warrens time at the Supreme Court and the
hunt for a new Chief Justice. Ultimately, Warren Burger was selected for the position. What
qualities did Nixon like about Warren Burger which led Nixon to choose Burger as the next
Chief Justice? [One paragraph with examples]. Based on your reading of the book, what
were some personal qualities of Chief Justice Burger that made him a good leader and what
were some personal qualities that led him into contention with other justices? [Two
paragraphs using examples from book to justify your claim]. What should Chief Justice
Burger do in order to overcome the contentions he develops with other Justices? [One
paragraph].
pls320___reading_response_1_questions.pdf
woodwardarmstrong_introprologue.pdf
brethren_1969_term.pdf
Unformatted Attachment Preview
PLS 320 – Judicial Politics
Reading Response #1
Due Sunday, May 24, 2020 by 11:59 PM EST
INSTRUCTIONS
The assignment below covers the Introduction, Prologue, and 1969 term in The Brethren by
Bob Woodward and Scott Armstrong. You must answer both questions listed below.
Your answers should demonstrate an understanding of the reading material. Your answers should be
succinct and address all parts of the question. You will lose points for overly short and overly long
answers -- the goal is to concisely, yet thoroughly answer the question, not write a treatise on it. A
thorough answer includes examples from the text to support your answer.
Your answers should NOT include long direct quotations from the Woodward and Armstrong
book. If you paraphrase something from the book or cite a fact from it, then provide a citation in
parentheses. If you are referencing material from The Brethren you can simply include the page
number in parentheses. Do not worry about citing lecture. You should only use the course
material and the Woodward and Armstrong book to answer the questions. The ONLY
exception to this rule is if you need more information about a specific case in order to answer the
question; if you do that, please include a full citation to your resource so that we can check it.
Please type your responses with the following specifications. Failure to follow any of these will result
in a two-point deduction for each error.
• Times New Roman 12 point font
• 1 margins on all sides
• Double spaced
• Each question begins on its own page
• Identify the question by writing QUESTION [X] at the top of each page.
• Submitted as a PDF file (File > Save As > PDF)
The written assignment should be submitted to the assignment dropbox on D2L for Reading
Response 1 (Week Two > Reading Response 1). This assignment must be completed by 11:59
PM EST on Sunday, May 24, 2020. No late submissions will be accepted.
QUESTIONS
(1) Vacancies on the Supreme court can occur for many reasons. Describe a vacancy in The
Brethren that occurs for internal or personal reasons. [One paragraph]. Describe a vacancy
that occurs due to political reasons. [One paragraph]. What were some reasons for why
certain people were not able to fill these vacancies? [One paragraph]. Why is a vacancy
important to all branches of the national government and how does it relate to this course?
[Two paragraphs].
(2) The Brethren begins with the end of Chief Justice Warrens time at the Supreme Court and the
hunt for a new Chief Justice. Ultimately, Warren Burger was selected for the position. What
qualities did Nixon like about Warren Burger which led Nixon to choose Burger as the next
Chief Justice? [One paragraph with examples]. Based on your reading of the book, what
were some personal qualities of Chief Justice Burger that made him a good leader and what
were some personal qualities that led him into contention with other justices? [Two
paragraphs using examples from book to justify your claim]. What should Chief Justice
Burger do in order to overcome the contentions he develops with other Justices? [One
paragraph].
RUBRIC AND GRADING
Category
Completeness
Knowledge
Thoughtfulness
Writing
Response Rating
Does Not Meet Standard Nearly Meets Standard
(DNMS)
(NMS)
Response attempts
Response addresses all
to address all major
major parts of
parts of question but
question
either fails to
but fails to completely
completely address a
address one subpart of
major part or fails to
the question
address a subpart of
the question
Response
Response makes one
Response makes no
contains
major or multiple
major factually
multiple, major minor factually
incorrect statements
factually
incorrect statements
but
incorrect
has one minor
statements or
incorrect
arguments
statement
Response does
Response attempts
Response provides
not attempt to
to provide
novel and insightful
provide any
arguments or
arguments/analysis,
arguments or
analysis, but the
but fails to consider
analysis
attempt is poorly
and respond to
reasoned,
objections, has
exceedingly simple,
reasoning that is not
or fails to provide
fully developed, or is
support for claims
otherwise unclear in
made
some aspect of the
argument/analysis
Response
Response contains
Response contains one
contains enough multiple major errors
major error (i.e.,
spelling,
(i.e., spelling,
spelling, punctuation,
punctuation,
punctuation,
grammar, mechanical,
grammatical, or grammar,
or usage) that
mechanical
mechanical, or
otherwise
errors
usage)
detracts from a strong
to make
response
understanding
the content very
difficult
No Evidence
(NE)
Response
misses
one or more
major parts of
the question
50 point questions
Category
NE
DNMS
NMS
Completeness
0
8
11
Knowledge
0
6
8
Thoughtfulness
0
13
17
Writing
0
5
7
Late submissions will receive a zero.
MS
12
10
20
8
Meets Standard
(MS)
Response
addresses all
aspects of the
question
Response makes
no factually
incorrect
statements
Response
provides a novel
and insightful
argument/analysis
that anticipates
and responds to
objections, is fully
developed, and
logically clear
Response is free
of major errors,
well-constructed,
and smartly edited
70 BOB WOODWARD &. SCOTT ARMSTRONG
Court, are not infallible). Seeing it as a state question, I join your
opinion.
Hugo Black had been ahead of his time for most of his life.
Graduating from the University of Alabama Law School without
high school diploma or college degree, he maintained a rigid read
ing schedule of great books to compensate for his lack of fonnal
education. Elected to the Senate in 1926, Black became a power
ful Roosevelt ally. A colorful showman in Senate hearing rooms,
Black supported Roosevelt down the line and was a controversial
and powerful politician when Roosevelt appointed him to the
Court in 1937. In three decades on the Court, Black had seen his
early dissents become majorities. Black had provided the basis for
many of the Warren Courts landmark decisions, and some ob
servers even argued that the Black Court would be a more ap
propriate title.
Still driven by a burning evangelical need to persuade his col
leagues of his views, Black worked intensely at the job. But after
thirty years on the Court, he no longer felt ahead of the times. He
was troubled by the many reports of disruptions in courtrooms
across the country. The judiciary-federal, state, even the local po
lice courts like the one on which he had served in Alabama-\\lll
the real underwriter of American liberty. Black was fiercely protec
tive of judicial independence and prestige. Yet antiwar and black
activists had turned courtrooms into circuses. At the trial of the
Chicago Eight in 1969, Judge Julius Hoffman was confronted
with verbal and physical threats by defendants who had staged the
antiwar protests at the 1968 Democratic National Convention . He
had ordered one defendant, Black Panther leader Bobby Seale.
shackled and gagged during the trial. In New York, another judge
had been threatened repeatedly during pretrial hearings of thir•
teen Black Panthers. At one time he was forced to postpone the
hearings until the defendants observed court decorum.
In the middle of the term, Black pushed to have the conference
grant a hearing in a case (Illinois v. Allen) that dealt with the con
stitutional limits on judges to control unruly defendants. In the
Allen case the judge had expelled the defendant from the cou$
THE BRE.THRE.N 71
room. The case was thirteen years old, without any of the notoriety
of the so-called political trials. But it provided the Court with an
opportunity to tell trial judges how they could deal with disorderly
courtroom behavior without violating the rights of the accused.
Black thought that if the Court waited for the political cases to
come up before it dealt with the issue, the waters would be mud
died by such questions as the Vietnam War and police infiltration
of black groups. The Allen case provided an opportunity to make a
strong statement without any side issues.
After oral argument and conference, only Douglas had reserva
tions about the Court reaching out .to issue a list of constitutionally
permissible actions that a judge might take to maintain order in the
courtroom. The Chief assigned Black to write an opinion for the
seven-member majority.
Black relished the opportunity. The Sixth Amendment guaran
teed a defendant the right to be confronted with the witnesses
against him. But, Black wrote, the courts cannot be bullied, in
sulted, and humiliated and their orderly progress thwarted and ob
strncted. Calling courts palladiums of liberty and citadels of
justice, Black said there were three things that could be done
without violating the Constitution: binding and gagging the disor
derly defendant; citing him for contempt; and expelling him until
he promised to behave.
Harlan, a believer in decorum everywhere, was so anxious to get
Blacks opinion announced that he wrote a memo to complain that
Douglas was taking too long in writing his separate dissent.
Douglas intended no delay. He prided himself on being the
fastest writer on the Court. He often turned out an opinion the day
after an assignment; his separate opinions were ready weeks, if not
months, before the majority opinions. His clerks often called these
plane-trip specials, because they were written after the Friday
conference on an airplane, as Douglas traveled to some speaking
engagement. At times he mailed longhand drafts back to the Court,
so that they could be printed and ready for revision upon his re
turn. The other Justices alJ acknowledged Douglass brilliance and
incredible productivity; White called him a paper factory.
Douglas was so prolific that once when former Justice Charles E.
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