Judicial selection plan

JUST 307 Assignment – Judiciary Essay     Possible Points: 70              DUE 3/10/19




Read Federalist 78 and the excerpts from Brutus essays posted to BB.


These were articles published in at the time of the Constitutional convention advocating for differing forms of government.  Federalist 78 was penned by Alexander Hamilton under the pseudonym Publius.  The Brutus essays, known as anti-federalist papers, were penned by an unknown author under the name Brutus, although today there is much debate about the author’s identity.  The selected Brutus essays were written in response to Federalist 78-83, which were written about the judiciary.


Notable Federalists were Alexander Hamilton, James Madison, and John Jay.

Notable Anti-Federalists were Patrick Henry, Samuel Adams, and James Monroe.


Your Assignment:


You have fallen down a strange rabbit hole and found yourself in a bizarre alternate universe called Freetopia, where a nascent government is forming and a great debate is raging about methods of judicial selection.  Federalist 78 and the Brutus essays have been recently published and people are talking!


You are a person of great prominence and eminent intellect and the people are looking to YOU to propose the best form of selecting judges.  Being gainfully employed at the esteemed local newspaper, your editor, Ms. Smiles, asks you to write an article (1) responding to the above papers AND (2) coming up with the best way to select judges. 


The piece should be 4 – 5 pages in length, double spaced, standard font/margin. 


First, respond to the main points brought up by the Federalist and Anti-Federalist essays

Discuss WHY you agree with them (or not).  Ms. Smiles takes nothing at face value so you will have to explain your positions and support your arguments. 

Use at least 2 direct quotes from each side (Federalist and Anti-Federalist) – no citation needed.


Next, counter the essays with a basic judicial selection plan of your own. 

Besides incorporating (or rejecting) some of the aspects discussed in the essays, you will need to add some new ideas to the mix to get the people fired up by discussing ideas such as Merit Based Selection Plans and/or direct election of judges. 

You have to explain what purpose your ideas serve: removing politics, ensuring diversity, increasing accountability, etc.  The people in Freetopia are thirsty for knowledge and craving the best democracy you can offer up!


You are so excited for the assignment because lately you have been thinking a great deal about what is the proper role of the judicial branch and how judicial selection methods affect the qualities of the judges we have.


Please refer to the rubric for guidance on how essays will be evaluated. Your discussion of the essays and your proposed judicial selection plan are worth the same amount, so those portions should be approximately the same length. So, don’t use too much space “padding” your discussion at the beginning and then rush through the portion explaining your own judicial selection plan.  Avoid personalizing statements such as “I believe” or “In my opinion,” because it’s distracting and bad writing.  Just make the statement – it’s evident that’s what you believe/your opinion as are you are the author.  Break up long paragraphs; as a rule of thumb, paragraphs should be 3 – 6 sentences in length and no more than 2/3 of a page long. Lastly: Give yourself enough time to proofread and make edits!

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