In the case where federal courts would appear to have jurisdiction, one or more requirements may prevent a federal court from accepting and deciding a case.
QUESTION 1: In the case where federal courts would appear to have jurisdiction, one or more requirements may prevent a federal court from accepting and deciding a case. Summarize the Ashwander rules that outline these requirements. What must exist in order for a federal court to accept jurisdiction?
QUESTION 2: A central issue in constitutional politics involves whether the authority granted in Article II exhausts the powers of the President. To what extent does the President enjoy inherent powers and extraordinary powers in times of emergency? Scholars disagree on this important question. Discuss the theories of presidential power. Discuss the Supreme Court's acceptance or rejection of these theories by relying on cases that were discussed in this unit. Be specific. To which theory (or theories) has the Supreme Court subscribed, and why? To which theory (or theories) did the Framers probably subscribe, and why?
QUESTION 3: In his dissent in Baker v. Carr, Justice Frankfurter denounced the majority for "asserting destructively novel judicial power" in its decision. What did Frankfurter mean? What alternative remedy did Frankfurter offer in his dissent for those aggrieved voters who had brought this case? Explain.