Question

PROBLEM 1.8

For each of the following situations determine for whether it involves
the principle of separation of powers, checks and balances, judicial
review, federalism, or some combination of these principles. Specify
the principle or principles involved and explain your answer.
a. A state law requires that a prayer be said each day in public schools.
A federal court rules that the law violates a First Amendment clause
that prohibits the government from establishing a religion.
b. The U.S. Congress passes a law requiring that Supreme Court
sessions be televised.
c. Because a prison is very old and overcrowded, a state court orders
the state legislature to spend $100 million on a new prison.
d. A state government passes a law legalizing recreational and medic-
inal marijuana use despite a federal statute that lists it as an illegal
drug. The federal Drug Enforcement Agency seizes drugs from a
citizen in this state and prosecutes the person in federal court.
e. The U.S. Supreme Court rules that flag burning is a protected form
of free speech under the First Amendment. In response to their
constituents' wishes, senators and representatives from several
states propose an amendment to the Constitution making it illegal
to burn the flag.
f. A federal court serves the president of the United States with a
subpoena seeking evidence of a stalen The president refuses to
turn over the evidence ning executive privilege. The U.S.
Supreme Court rules that the presents executive privilege power
is limited and that he must turn over the evidence.

Answer 1

The situations involve principles such as Judicial Review, Checks and Balances, Federalism, and Free Speech. The federal court ruling against a state law requiring prayer in public schools demonstrates Judicial Review. The U.S. Congress passing a law requiring Supreme Court sessions to be televised shows Checks and Balances. The conflict between a state law legalizing marijuana and a federal statute declaring it illegal reflects the principle of Federalism.

Step-by-step explanation:

a. This situation involves the principle of Judicial Review. The federal court ruling that the state law requiring prayer in public schools violates the First Amendment clause shows the power of the court to examine and invalidate laws that are unconstitutional.

b. This situation involves the principle of Checks and Balances. The U.S. Congress passing a law requiring Supreme Court sessions to be televised demonstrates the power of the legislative branch to influence and oversee the actions of the judicial branch.

c. This situation involves the principle of Judicial Review. The state court ordering the state legislature to spend $100 million on a new prison demonstrates the court's power to review and interpret laws, as well as enforce them.

d. This situation involves the principle of Federalism. The conflict between the state law legalizing marijuana and the federal statute declaring it illegal demonstrates the division of powers between the state and federal governments in a federalist system.

e. This situation involves the principle of Free Speech and Checks and Balances. The Supreme Court ruling that flag burning is protected under the First Amendment shows the protection of free speech, while the senators and representatives proposing an amendment to make it illegal demonstrate the legislative branch's power to respond to constituents' wishes.

f. This situation involves the principle of Checks and Balances. The federal court serving the president with a subpoena and the Supreme Court ruling that the president's executive privilege power is limited shows the balance of power between the judicial and executive branches.

Answer 2

If you get arrested you have to get a lawyer and then you have to court