Constitutional Law – POL 104Citizens United v. Federal Election Commission, No. 08-205DIRECTIONSIntroductionThe court simulation (or “moot court”) will replicate the experience of arguing a case before the Supreme Court. The simulation will be based on Citizens United v. FEC, No. 08-205. This is actual case that was argued before the Supreme Court this past September, but it has not yet beendecided. As you know, the case addresses the rights of corporations and labor unions to use monies from their general funds to advocate for candidates running for political office. This is a particularly relevant case for students of political science, as it concerns political participation and the influence of money on elections. It is also very interesting from a constitutional perspective, since it implicates the free speech protections of the First Amendment and perhaps the equal protection clause. Attached is a description of the key facts and procedural history of the case in the lower courts aswell as the official statement of the issue. RolesThe class will be divided into four attorneys and seven justices. 2 Attorneys for the petitioner/appellant (Citizens United): 2 Attorneys for the respondent/appellee (Federal Election Commission): 7 Justices: Each team of attorneys will be responsible for drafting a brief containing an argument between 2,500 and 3,000 words long and participating in thirty minutes of oral arguments per side. The justices who will hear and decide the case. These students will be responsible for drafting anindividual position paper between 900 and 1,200 words long prior to oral arguments, reviewing and critiquing the legal briefs prior to oral arguments, preparing questions for oral arguments, hearing the oral arguments and asking the attorneys questions, participating in a judicial conference before and after the oral arguments, and drafting opinions between 2,500 and 3,000 words long as part of a group majority opinion or as an individual or group concurring or dissenting opinion. The justices do not need to represent a current Supreme Court justice. ResearchEach student, regardless of which role they play, will need to thoroughly research and understandthe precedents, statutes, and other sources that are relevant to the case. 1SourcesThe court simulation will use a closed or “canned” research method that is a common approach to writing assignments during the first year of law school. Instead of trying to determine the universe of relevant materials for yourself (which is what an attorney must do in the real world), the sources that you will need to research and to which you are limited are listed on an attached sheet. The list of materials is not comprehensive, but it does include the key cases and statutes and will provide each side with sufficient material to formulate arguments. I have not deliberately left a case off the list that has a “magic bullet” for a side since, if such a case existed,the Supreme Court would not have accepted certiorari in the case. Some of these cases are excerpted in your textbook, but you should only use the excerpts as a starting place before reviewing the complete decisions. The full cases can be obtained by going to the Voskuyl Library’s databases, selecting “H-M” then selecting “LexisNexis,” then selecting “Legal” in the tab on the lower right-hand corner. You can also gain access to the cases by going to http://www.findlaw.com/casecode/. Both databases provide summary materials at the beginning of the cases. Feel free to skip or skim through the parts of the cases that are not relevant to our issue, such as parts that address standing. In addition to the cases, attached are the relevant statutes. In addition to these statutes, you should use relevant provisions from the Constitution. Please note that you will need my permission before using any sources other that those on the attached list. However, you can cite the references to other cases and materials in the “canned” cases. Various websites have a wealth of information on Citizens United v. FEC, including briefsand motions filed by the parties and amicus curiae in both in the lower courts and in the SupremeCourt. I DO NOT WANT YOU TO ACCESS THIS INFORMATION UNDER ANY CIRCUMSTANCES IN LIEU OF USING THE SOURCES PROVIDED TO DEVELOP YOUR ARGUMENTS. CitationsIdeas from another source need to be cited, such as a quote from a case, statute, or constitutional provision or an idea taken directly from a prior case or other source. Legal writing for a brief is both derivative and creative, so the frequent use of citations is common. Explaining the law and facts from prior cases involves numerous and sometimes multiple citations. Citations in briefs are different from footnotes or endnotes in research papers and other academicwritings. The citation must appear in the text immediately after the sentence containing the citedmaterial. The first time a case is cited, the standard citation format of case name (in italics or underlined), volume, reporter name, first page number of the case, the specific page number containing the quote or the idea, and the date (in parenthesis) must be used. For example, Wickard v. Filburn, 317 U.S. 111, 115 (1942). The second time a case is cited, the following short form must be used: Wickard, 317 U.S. at 116. If the electronic source does not provide a notation for page numbers, use XXX in lieu of the page number for the cited material. Citations to the Constitution should follow the following format: U.S. Const. art. I, § 8, cl. 3 or U.S. Const.2amend. X. Initial citations to statutes should follow the citation form in the attached sheet, excluding the “approved on” date. Subsequent citations can just refer to the shortened version ofthe statute – AUMF § 2(a) or Patriot Act § 236A(a)(2). For both references to the Constitution and statutes, please feel free to use “sec.” in lieu of the symbol §. See also the “canned” cases for how to cite sources and format the citation. Written AssignmentsLegal BriefsEach team of attorneys will write a single legal brief. The brief will consist of a cover page, a statement of the issue in the form of the question provided, an argument based on the Constitution and the “canned” materials, a conclusion, and a table of authorities. The argument must be between 2,500 and 3,000 words long. See the format on the attached sheet. The tone