Essay on "Relatively Greater Correctness and Legitimacy"

Quoted Instructions for "Relatively Greater Correctness and Legitimacy" Assignment:

Please have this *****s Username: ***** for this paper. I will be e-mailing document.

Reading Assignment:

KSSR:

Thomas Jefferson: *****The Declaration of Independence***** 220

*****The Constitution of the United States of America***** 236

*****The Bill of Rights***** 244 [Note: The Bill of Rights consists only of Amendments 1-X.]

Hamilton, Madison, and Jay: The Federalist Papers: *****Federalist 9,***** *****Federalist 10,***** *****Federalist 51,***** and Federalist 57***** 223, 227, 230, 233

White: *****Democracy***** 368

West: *****The Founders***** Embrace of Both Rights and Duties***** 592

Writing Assignment 7.1:

Scenario: The United States***** Congress passes a law stating that no person can legally be married to more than one person at a time. In other words, this new federal law prohibits polygamy and polyandry (any resemblance to actual law is purely coincidental). Five states (Massachusetts, New York, Connecticut, Rhode Island, and California) defy this new federal law by passing laws allowing both polygamy and polyandry. These new state laws are challenged in Federal District Court, are determined to be unconstitutional, and are declared null and void.

The states appeal the decision of the District Court to the United States Supreme Court, arguing that the federal law was a clear violation of Amendment 10 to the Constitution, which reads, *****The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.***** The states argue that the regulation and definition of marriage are clearly not powers delegated to the United States; nor are they prohibited to the States. They further argue that this is an infringement of the rights of individual citizens, as the Federal Government has no business telling people who they can and should be married to and how many marital partners a person might have. The Supreme Court, however, supports the District Court ruling, basing its decision on the *****general Welfare***** clause of Article 1, section 8 of the Constitution.

The five states openly defy the Supreme Court ruling, allowing their courts to grant marriage licenses to multiple-partner unions. The President gives a cease and desist order to the States, which is ignored. Tens of thousands of marriage licenses are granted to polygamous and polyandrous partners. The President sends federal troops into each of the five states to seize the courthouses and their records and to prohibit the granting of any further marriage licenses to polygamous and polyandrous partners.

The five states assert that the Federal Government has violated its own Constitution, has imposed its will upon the States, has suppressed the rights of the citizens of those states, and has returned them to a Lockean *****state of nature***** (outside of recognized civil and political society), and thus, they declare themselves a new nation, independent of the social, political, and legal authority of the United States. They begin to create their own militias and armies to protect their borders.

To prevent the secession of these states, Congress declares war on them and the President orders the Joint Chiefs to send troops in to secure the statehouses, courthouses, militia headquarters, and troop training grounds, and to restore the rule of law.

WRITE A 1,000-WORD MINIMUM ESSAY IN WHICH, USING IDEAS FROM THIS WEEK'S READINGS, YOU ARGUE FOR THE RELATIVELY GREATER CORRECTNESS AND LEGITIMACY OF THE ACTIONS OF EITHER THE FIVE STATES OR THE UNITED STATES GOVERNMENT. [Note: Neither the federal government nor the five states are completely constitutionally correct in their ideas or behavior.] BE SURE TO GIVE YOUR CRITICAL THINKING OPINION OF THE IDEAS YOU BRING IN FROM THE READINGS.

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