1. Could you create a outline and answer for this question?

Pick two questions to answer. Answer the questions as efficiently as possible. For each particular issue, I want to know the most relevant precedent, the reasoning of that precedent and an application of that precedent to the issue. Note, that, while you should note what current precedent holds (the majority in the most recent case), consideration will be awarded for arguing the perspective in the dissents (if you want). Also reference case studies to support your answers.

1.

Jennie Tarkington was 18 when she gave birth to a son, Steve. After the birth, Ms Tarkington fell into postpartum depression. While in a depressive episode, Ms. Tarkington poured acid on her children and then slit her wrists. The children all survived, but they will require institutional care for the rest of their lives. Ms. Tarkington recovered, and was tried for attempted murder and malicious wounding of a child. Her trial was a circus, with gavel–to-gavel TV coverage and interviews with jurors on Ellen and Today during the trial. Ms. Tarkington was sentenced to death. In her jurisdiction, the state has a bifurcated process with a sentencing phase that includes explicit possible aggravating and mitigating factors. Post-partum depression is not one of the mitigating factors. Given that her case met one of the aggravating circumstances (attacking a child), Ms. Tarkington was sentenced to death. On appeal, she argues that her conviction is a violation of her 6th and 14th Amendment rights to counsel and due process, the 8th Amendment prohibition against cruel and unusual punishment and her 14th Amendment right not be deprived of life without due process. Her conviction is overturned based on denial of effective counsel and due process, but she is retried and convicted again. She appeals again, arguing that the execution of post-partum women is cruel and unusual punishment and disproportionate to her crime. First, she argues that postpartum depression reduces her culpability and the government’s interest in deterrence and retribution in her case. She also notes that 15 of the 27 states allowing the death penalty explicitly forbid death sentences for women suffering from postpartum depression (note: I’m making that number up, well only 27 states do currently authorize the death penalty). Second, she argues she has a fundamental right to life, so government imposition of the death penalty must pass strict scrutiny. She argues that the government’s interests in executing her are not compelling and that the death penalty is not the least restrictive means of achieving these interests. Third, she argues that her sixth Amendment rights were violated by the public nature of her trial, when the prosecutor eliminated all females who had been pregnant from the venire with peremptory challenges and convicted her with a vote of 8 out of 9 jury members. Finally, she argues that the second trial violates her constitutional right against double jeopardy. How would you decide these issues?

2.

The Bridgewater College Department of Political Science successfully convinces the administration that the Department needs a new faculty member to teach courses in public policy and Far- East politics. The hiring committee considers applications individually and hires a Transgender African-Asian American woman with a Ph.D. from Syracuse University and two published academic books. Angered at this alleged exercise of “affirmative action” male majors in the department steal the files and mail them to Steve Johanson, a white gay applicant from Harvard who has published three academic books. Steve Johanson sues, claiming that BC has violated the equal protection clause of the 14th Amendment, because he was discriminated against as a white, gay male. BC counters that it is a private school. Johnson claims that BCs decision is a state action, because BC receives federal financial aid money. At the district court trial, members of the hiring committee explain that they considered each applicant individually and based their decision on a variety of factors, including area of specialization, research productivity, teaching philosophy, a teaching demonstration, performance in interpersonal conversations about education and the discipline, and contribution to the diversity of the faculty. Will he win? Should he win? Make sure you discuss when the Court should apply rational basis, intermediate scrutiny, and strict scrutiny in discrimination cases and provide a case illustrating each one. In a separate case, the students were charged with theft after some of the files were found in their off-campus apartment. A warrant was secured after police officers showed a judge photos of suspects leaving Flory Hall the night of the theft and traveling to the apartment in question. The photos were taken by a plane that circles Bridgewater, taking one photo every 30 seconds from 7pm-2am every night.

3.

In response to Citizens United and McCutcheon, Congress in 2022 passes a law that applies the restrictions of sec 203 of the Bipartisan Campaign Reform Act to all individuals, unions, for-profit corporations, non-profit corporations, and even non-incorporated entities. In the 30 days before a primary and the 30 days before an election, there can be no political advertising in radio, television, or internet. The law also limits hard money contributions to candidates, parties and PACs to $100 per election. At the same time state legislatures in every state controlled by Republicans pass a law that requires everyone to provide proof of residence and identity and re-register to vote every year. Acceptable voter ID forms are a driver’s license, a $25/ year voter id or a concealed carry permit. They also redraw congressional district boundaries. Before the redistricting, Republicans received 52 % of the vote and 55% of the congressional seats. After the redistricting, Republicans received 48% of the vote and 70% of the congressional seats. Are these laws constitutional?