Would the law violate the doctrine of separation of powers


Assignment task:

Congratulations! You have just been appointed as the new Solicitor General for the United States. After your appointment, the United States Congress passed a law prohibiting lifetime appointments for Supreme Court Justices and judges on the lower federal district courts. Upset about the change in law, a federal judge from the Court of Appeals for the Fifth Circuit (known to be a more conservative-leaning circuit court) immediately challenged the law as an overreach of Congressional authority and a violation of the doctrine of separation of powers that underpins the foundation of the government. Your boss, the Attorney General, asks you to prepare a presentation for the Department of Justice as the Department decides how best to address the challenge and respond to the President.

Present an argument based on the following: The President is reluctant to sign the new law and is considering vetoing it. The President is now requesting additional guidance before doing so. As Solicitor General, you are tasked with creating arguments against the legislation and in favor of vetoing the law.

Your argument should address the following main concepts:

  • The history of the Supreme Court and the federal courts.
  • The role of the Supreme Court and the lower federal courts in our system.
  • Whether a lifetime appointment helps or hinders that role.
  • Would the law violate the doctrine of Separation of Powers?

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