PROBLEM 1.8
For each of the following situations determine for whether it involves
the principle of separation of powers, checks and balances, judicial
review, federalism, or some combination of these principles. Specify
the principle or principles involved and explain your answer.
a. A state law requires that a prayer be said each day in public schools.
A federal court rules that the law violates a First Amendment clause
that prohibits the government from establishing a religion.
b. The U.S. Congress passes a law requiring that Supreme Court
sessions be televised.
c. Because a prison is very old and overcrowded, a state court orders
the state legislature to spend $100 million on a new prison.
d. A state government passes a law legalizing recreational and medic-
inal marijuana use despite a federal statute that lists it as an illegal
drug. The federal Drug Enforcement Agency seizes drugs from a
citizen in this state and prosecutes the person in federal court.
e. The U.S. Supreme Court rules that flag burning is a protected form
of free speech under the First Amendment. In response to their
constituents' wishes, senators and representatives from several
states propose an amendment to the Constitution making it illegal
to burn the flag.
f. A federal court serves the president of the United States with a
subpoena seeking evidence of a stalen The president refuses to
turn over the evidence ning executive privilege. The U.S.
Supreme Court rules that the presents executive privilege power
is limited and that he must turn over the evidence.