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PROMPT

On 28 October 2032, a severe hurricane hit the Dominican Republic causing extensive damage, including the loss of life and significant destruction of private and public property. The Yuna River has overflowed, causing several provinces to become isolated from the rest of the country, as highways have become impassable. The local power grids in San Pedro de Macorís and Santiago de los Caballeros were also destroyed, leaving much of the North and the East without power. The Dominican President, David Ortiz, quickly called his long-time friend, US President Dwayne Johnson to ask for assistance. Ortiz and Johnson had been introduced by real-estate developer Donald Trump at a charity golf tournament at the Doral Country Club in 2004, following Ortiz’s sensational World Series performance. Over the years, the two collaborated on various projects in the DR. Their long-time friendship made it easy for Pres. Ortiz to call Pres. Johnson under such dire circumstances. Johnson was more than willing to help. Though Congress was not in session, due to the impending 2032 presidential election, Johnson immediately ordered the military to provide extensive medical supplies, water, food, equipment, and personnel to the country. US Coast Guard and US Army Reserve personnel from Aguadilla, on the US island territory of Puerto Rico, quickly mobilized to deliver equipment and supplies across the straight of Mona to the port city of La Romana, Dominican Republic.
As a result of the severity of the hurricane, Total, the French oil and gas company, contracted by the Ortiz government to engage in oil exploration in the Caribbean Sea off the Eastern coast of Hispaniola, also suffered significant damage to its property. However, on 1 November, Total also announced that it had discovered the Dominican Republic’s first significant oil deposits and that it believed that the deposits likely extended into Puerto Rican waters. President Johnson shortly thereafter announced that he would appoint an ambassador to negotiate a treaty with President Ortiz so that the US and the DR could jointly exploit the oil reserve. Republican presidential candidate Ron DeSantis (and former Florida Governor), along with his Republican colleagues in the Senate, believed that the deposits clearly belonged to the United States, and they did not want to negotiate with the Dominican Republic. They passed a resolution requiring the President to include a Senator in his diplomatic mission to ensure that the Senate’s view was represented in any negotiation with Pres. Ortiz. President Johnson, unaffiliated with any political party, refused to follow the Senate’s resolution.
Alexandria Ocasio Cortez, Speaker of the US House of Representatives, and the Democratic nominee for president in 2032, responded to the dispute between DeSantis and Johnson by calling a special session of the House of Representatives and passing a bill that would impose a 200% increase in the federal excise tax on gasoline sold in the United States. An amendment to the bill was successfully added to the original bill requiring that all proceeds from the tax increase be used for educational programs on the dangers of climate change in audio, video, print media, and elsewhere. The amendment also provided for the establishment of financing alternative energy research which would be funded through the tax increase as well. The various oil & gas companies were required to pay the tax directly to the federal government. One of these oil & gas companies was prepared to file suit in the appropriate federal court and argue that the tax should be struck down as unconstitutional if the Democrats were to win the Senate and the bill were to become a law. Johnson and DeSantis argued that the law would be unconstitutional because it would infringe on the rights of the oil & gas companies and consumers. Both candidates used the oil discovery and House bill to score political points against Ocasio Cortez.  
The election of 2032 was embroiled in multiple other controversies, and the state of Florida, as usual, was at the center of controversy. The City of Hialeah had just passed an ordinance prohibiting leafleting on the grounds of any hospital or on the sidewalks within five feet of hospital entrances during visiting hours. The Chief Officer (CNO) of Palmetto General Hospital noticed a group of DeSantis activists in the prohibited area handing out leaflets, Cuban coffee, food, and other prizes. The CNO asked them to stop, explaining that the distribution was in violation of a city ordinance. The DeSantis activists refused to comply and the CNO called the police. When an officer arrived, the CNO again asked the activists to stop distributing leaflets and other items, but the activists refused. The officer then arrested the activists for violating the ordinance, fined each of them US$100. The activists were later convicted, though they claimed that their constitutional rights were violated. The case was appealed by the DeSantis activists and ultimately heard by the Florida Supreme Court, which ruled that while the ordinance was permissible under the US Constitution, it was unconstitutional under the state constitution because the fine money was designated to go to the city’s only hospital, which was privately owned, rather than to the city. The city then appealed Florida’s Supreme Court and hoped that the US Supreme Court would overrule the state court. DeSantis had made this case a center piece of his campaign, explaining that the ordinance was an example of government overreach and the US Supreme Court couldn’t rule on the case anyways because it can’t decide political questions nor issue advisory opinions.
But the Johnson campaign felt similarly aggrieved. A fervent Johnson supporter and Florida Memorial University student activist filed a defamation suit in federal court against her University in order to obtain from the court a cease and desist order that would prevent University employees from making false statements about her in public. The suit alleged that several university officials had been making statements to the Miami New Times about the student, falsely accusing her of both bizarre beliefs regarding UFOs and former felonious crimes. In addition, the student alleged that she had found herself generally harassed on campus by university personnel and that the university’s actions against her were intended to silence her criticisms of what she perceived to be the politicization of the University in favor of the Ocasio Cortez campaign. Within a week after the suit was filed, the defamations and harassments ceased by University personnel. When the case came before the federal court four months later, both the University and the student stipulated that the defamations and harassments had ceased for the time-being. Nonetheless, the heightened tension that the incident had caused continued to bubble up during the third presidential debate when, Johnson, after hearing Ocasio Cortez describe her plans to forgive student loan debt, chimed in, visibly angry, that she only wanted to forgive student loan debt so that she could “do exactly what [she] did at Florida Memorial.”  
In the end, “the Rock” won a second term, the Democrats won the Senate, allowing AOC’s excise tax to take effect, and the oil keeps flowing in the Total-Chevron joint venture that has raised billions of US$ in revenue for “Big Papi’s” government in the Dominican Republic.   

QUESTIONS RELATED TO PROMPT

1. Has President Dwayne Johnson acted constitutionally in providing assistance to his great friend President David Ortiz and the people of the Dominican Republic? Please explain.
2. Has President Dwayne Johnson acted constitutionally in refusing to follow the Senate’s resolution to include Senatorial representation in his negotiations with President David Ortiz? Please explain. 
3. Who is right regarding the constitutionality of Speaker Ocasio Cortez’s excise tax on gasoline? Please explain.
4. Does the DeSantis campaign have a point with regards to the US Supreme Court’s ability to rule on the constitutionality of the anti-leaflet ordinance in Hialeah? 
5. What should the federal court do with respect to the case involving the student activist at Florida Memorial University? Please explain.

ADDITIONAL QUESTIONS

1. Please discuss how Morrison v. Olsen, McCulloch vs. Maryland, and Youngstown Sheet & Tube Co. v. Sawyer relate to the separation of powers within the US Federal Government. 
2. Many argue that judicial review was established in Marbury v. Madison. Others argue that judicial review was already contemplated in the US Constitution prior to the US Supreme Court’s ruling in the Marbury case. What do you think? Please explain your view using course materials such as the US Constitution, the federalist or anti-federalist papers, assigned articles, cases, etc.

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