Morrison v. Olson

Paper instructions

Review material on Morrison v. Olson and watch the video explaining the case.

SCOTUS approved the organization of the independent counsel office which had appointments from the judicial branch, dismissal from the executive branch and its foundation in the legislative branch.

Mr. Rosenbloom concludes that agencies now exist in the “joint custody” of all 3 branches of government.

In your view, what are the pros and cons of agencies having to exist within all 3 branches of government? Is there a better way? What would it look like?

Read up on the Spending Clause of the Constitution and watch the video explaining the South Dakota v. Dole case.

Assume that Congress wants to pass a law that requires all newly built single family homes to have a roof made up of solar tiles. States that do not pass such a law stand to lose federal money from the EPA used to clean-up “superfund” (extremely polluted) land sites.

Using the 4-part analysis of the Supreme Court, will this new initiative and threat to withhold federal spending pass Constitutional muster? Why or why not?

Sample Solution