This research paper is the final graded instrument for POLS497. Put your best foot forward in terms of not only demonstrating mastery of your chosen topic but also demonstrating critical thinking and solid writing. DO NOT USE controversial social issues as a topic. Please do not introduce controversial social issues within your functional topic. Social issues are not the point of this Capstone research paper. Some guidelines to consider:
– Focus on analysis and not reporting.
– Be factual. Don’t assume that what you know anecdotally is accurate. Double-check– you might be surprised.
– Focus on current real-world government functions while considering the intended functions established by the Framers of the Constitution.
An abstract paragraph is unnecessary, but you may include one if inclined.
This paper should be 15-25 pages (4000-6500 words).
Double-spaced, one-inch margins, Ariel-Regular, 12’0. This should be written with the academic formality expected: No first or second person. No contractions. No abbreviations. No side commentaries or rants.
Your topic should be related to American politics and reflect your collective understanding of the American government. NO controversial social topics involving race, gender, or sexual orientation– we’re after an analysis of some government processes.
The tighter and more focused your topic is, the better your paper will be and the easier to write. (Please re-read that.)
My input and outline of what the paper could look like: The title I’ve settled on is “The Power of a Federal District Judge: Is It Too Much?” The research paper will look at the extent of the powers vested in the federal district judges in their position of interpreting and applying the U. S. Constitution. It will take an examination of the present boundaries within which the judges’ powers lie in order to know if they are in harmony with the intentions and doctrines set down by the Framers when they considered the separation of powers theory into their constitutional design. The study also will investigate how district court rulings can go from single-case to broad policy-making implications through the use of national injunctions. These are consequential decisions that are sometimes far-reaching as they shape national policy and touch millions. As such these decisions are important. The aim is to afford a balanced examination of the role in the American Republic played by district court justice, without, on the other hand, taking a stance for or against their authority. Here is the outline:
Outline
I. Introduction
Hook: Start with an example of a major case decided by a federal district judge that had significant national consequences.
Thesis Statement: This paper will explore the extensive authority of federal district judges, evaluating whether their power exceeds acceptable limits and assessing its constitutional foundations, practical applications, and effects on the balance among the branches of government.
Overview: Provide a brief introduction to the responsibilities of the federal judiciary within the U.S. judicial system.
II. Constitutional Basis of Federal District Judges’ Authority
Article III Provisions: Discuss the constitutional basis for federal judicial power under Article III.
Judicial Independence: Explain the reasoning behind life tenure and salary protections to ensure impartiality.
Separation of Powers: Analyze how the judiciary interacts with and checks the legislative and executive branches.
III. Powers Exercised by Federal District Judges
Jurisdiction: Discuss the types of cases federal district judges handle, from civil disputes to criminal matters.
Nationwide Injunctions: Explore the implications of their authority to issue nationwide injunctions on federal policies.
Interpretation of Laws: Examine how federal district judges interpret statutes and the Constitution, often shaping legal precedent.
IV. Arguments Suggesting Excessive Power
Erosion of Accountability: Highlight concerns that life tenure can lead to unaccountable judicial behavior.
Judicial Activism: Provide examples where judges are perceived to have overstepped their roles by creating rather than interpreting laws.
Impact of Nationwide Injunctions: Analyze how injunctions have halted national policies and raised questions about the limits of judicial authority.
V. Arguments Supporting the Appropriateness of Judicial Power
Rights Protection: Illustrate how robust judicial authority protects individual rights against government overreach.
Checks on Other Branches: Discuss instances where judicial intervention curbed legislative or executive excesses.
Flexibility and Adaptability: Argue that broad judicial powers allow judges to respond effectively to evolving legal challenges.
VI. Comparative Analysis
State vs. Federal Judges: Compare the powers of federal district judges with their state counterparts.
International Perspectives: Briefly explore how the authority of U.S. federal judges compares to judges in other democratic systems.
VII. Evaluation of Power in Practice
Case Studies: Analyze major cases where federal district judges had a significant societal impact.
Reversal Rates: Discuss how often district court rulings are overturned, reflecting checks on their power.
Public Perception: Examine how the public views the authority of federal district judges and its legitimacy.
VIII. Conclusion
Synthesis of Findings: Summarize whether the current scope of judicial power is excessive or appropriate.
Governance Implications: Reflect on how the power of federal district judges influences the functioning of the American government.
Recommendations: Propose any potential reforms or affirmations based on the analysis.
I’ll have more examples and specific sources from scholars for each section as I keep working on this paper. If anyone has any advice or ways to improve this outline, I would definitely appreciate any comments or suggestions. Thank you.
-Kody S.
References: The first three must be utilized in some way. Please use intext citations and a bibliography at the nd in APA format: 1. Harvard Law Review. (2023). District Court Reform and Nationwide Injunctions.
Individual entry in the Harvard Law Review, Volume 137, Issue 6. Retrieved from https://harvardlawreview.org/print/vol-137/district-court-reform-nationwide-injunctions/
2. NAACP. (n.d.). The Role of Judges.
Retrieved from https://naacp.org/find-resources/know-your-rights/role-judges
3. United States Courts. (n.d.). Types of Federal Judges.
Retrieved from https://www.uscourts.gov/about-federal-courts/types-federal-judges
Harvard Law Review. (2023, April 9). District court reform: Nationwide injunctions. Retrieved from https://harvardlawreview.org/print/vol-137/district-court-reform-nationwide-injunctions/
Geyh, C. G. (2019, May 3). Considering reconsidering judicial independence. University of Pennsylvania Law Review.Retrieved from https://pennlawreview.com/2019/05/03/considering-reconsidering-judicial-independence/
Harvard Law Review. (2022, January). Enforcement lawmaking and judicial review. Retrieved from https://harvardlawreview.org/print/vol-135/enforcement-lawmaking-and-judicial-review/
Rendell, M. A. (2019, May 3). Making heads or tails of judicial independence: A response to Professor Burbank.University of Pennsylvania Law Review. Retrieved from https://pennlawreview.com/2019/05/03/making-heads-or-tails-of-judicial-independence-a-response-to-professor-burbank/
Bray, S. L. (2017, December 7). Multiple chancellors: Reforming the national injunction. Harvard Law Review, 131(2), 417–500. Retrieved from https://harvardlawreview.org/print/vol-131/multiple-chancellors-reforming-the-national-injunction/