Instructions: In a short, argumentative essay of up to 750 words (excluding citations), explain whether you agree, disagree, or partially agree/disagree (specifying which elements) with the following:
Prompt: “In 2022 the Roberts Court announced two groundbreaking ‘history and tradition’ decisions in the fields of reproductive rights and gun rights, Dobbs v. Jackson and NYRPA v. Bruen. While Living Constitutionalists criticized these decisions as out of step with modern values, both decisions increased democratic legitimacy by returning policy decisions to elected legislatures where they belong. History is a useful source of moral and legal guidance and an emphasis on tradition ensures the stability of the rule of law. While Originalism can be difficult to implement consistently, it is nonetheless an important constraint on dangerous judicial overreach that threatens individual rights.”
Material to Cover: In your essay be sure to include references to course readings and materials. Secondary articles by Post and Siegel, Siegel, Lund, Levin, Bazelon, and Posner would be especially helpful.
Advice: A good example of an Op-ed we read for class is Linda Greenhouse, “Religious Doctrine, Not the Constitution, Drove the Dobbs Decision” for lecture 11.
Citations: Citations should be either parenthetical or footnotes and include the name of the author or case name, title, year, and page number (if citing to a specific passage). You may use APA, MLA, or Chicago style of reference, as long as you are consistent throughout the essay.
Additional Research: You may do additional research beyond course readings, but it is not required to write a successful essay. If you choose to do additional research, you must clearly cite these sources with enough information for the teaching team to find the source.
Word Limit: For every 50 words over the word limit of 750 (excluding citations), 1 point will be deducted from the total score.
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