Primary Source #1: Federalist, no. 51
Title: The Federalist No. 51
Author: James Madison
Publication Date: February 6, 1788
Accessed from: The Avalon Project, Yale Law School - Lillian Goldman Law Library (https://avalon.law.yale.edu/18th_century/fed51.asp)
Strengths:
1. Authored by James Madison, who played a pivotal role in drafting the United States Constitution and was a prominent figure in the Federalist Papers.
2. Provides insights into the intentions and arguments of the Founding Fathers regarding the establishment of the separation of powers and checks and balances in the U.S. government.
3. Offers a firsthand account of the rationale behind the system of checks and balances, which serves as a fundamental principle in the U.S. constitutional framework.
Weaknesses:
1. Written as a persuasive essay advocating the ratification of the U.S. Constitution, so it may contain biases or arguments selectively presenting the benefits of checks and balances.
Primary Source #2: Marbury v. Madison
Title: Marbury v. Madison
Author: Chief Justice John Marshall
Publication Date: February 24, 1803
Accessed from: Legal Information Institute, Cornell Law School (https://www.law.cornell.edu/supremecourt/text/5/137)
Strengths:
1. A landmark decision by the U.S. Supreme Court that established the principle of judicial review.
2. Authored by Chief Justice John Marshall, one of the most influential figures in the history of the U.S. Supreme Court.
3. Provides a legal analysis of the separation of powers, specifically the role of the judiciary branch in interpreting and applying the laws.
Weaknesses:
1. The decision is specific to the case of Marbury v. Madison and may not address or comprehensively cover all aspects of the separation of powers and checks and balances.
2. Written in a legalistic language, which may require some interpretation or additional explanations to understand fully.
Secondary Source #1: "Checks and Balances - History, Purpose, Examples, and Disadvantages"
Title: Checks and Balances - History, Purpose, Examples, and Disadvantages
Author: Robert Longley
Publisher: ThoughtCo
Publication Date: June 6, 2017
Accessed from: ThoughtCo (https://www.thoughtco.com/checks-and-balances-3322374)
Strengths:
1. Provides a concise overview of the history, purpose, and examples of checks and balances.
2. Written in a straightforward language, making it easily understandable for a wide range of readers.
3. Offers a balanced analysis by highlighting potential disadvantages or challenges related to the system of checks and balances.
Weaknesses:
1. Being a secondary source, the information provided may not be as comprehensive as a primary source or may lack specific details on certain aspects.
2. As a web resource, the information's credibility may depend on the author's expertise and the reliability of the source.
Secondary Source #2: "Marbury v. Madison"
Title: Marbury v. Madison
Author: Oyez Project
Publisher: Chicago-Kent College of Law at Illinois Institute of Technology
Publication Date: n/a
Accessed from: Oyez (https://www.oyez.org/cases/1789-1850/5us137)
Strengths:
1. Provides a comprehensive summary of the Marbury v. Madison case, including the legal precedents and its significance.
2. Offers audio recordings of the oral arguments, allowing listeners to hear the nuances of the case.
3. Published by the Oyez Project, which is highly regarded for providing accurate and authoritative information on Supreme Court cases.
Weaknesses:
1. The level of analysis or depth may be limited to summarizing the case and its outcomes rather than delving into the broader implications of checks and balances and separation of powers.
2. While the site is credible and respected, it is still important to verify specific details and interpretations independently.
Use what you learned about accessing and evaluating information to conduct online research. Find at least three primary and secondary sources to evaluate Federalist, no. 51 and Marbury v. Madison. Create a table that evaluates the strengths and weaknesses of and reasons for checks and balances and separation of powers.
2 answers
Use your research findings and evaluation from Question 1 to construct two arguments: one argument about the strengths and weaknesses of and reasons for checks and balances, and another argument about the strengths and weaknesses of and reasons for separation of powers. Use the following criteria to help you construct your arguments: Establish your position. Write a thesis statement. Use reliable sources as evidence to prove and support your claim or position. Present your arguments in at least three paragraphs.