Explain the historical development of the independent counsel (or special prosecutor). Do you believe that the special prosecutor should still exist? Why or why not?
What will be an ideal response?
Answer:
An ideal response will:
1. Describe the passage and purpose of the Ethics in Government Act of 1978, including the constitutional challenge to the law itself.
2. Explain why the law was allowed to lapse in the 1990s, including the alleged abuses by Special Prosecutor Kenneth Starr.
3. Provide a well-developed argument in support of or opposition to the special prosecutor. Arguments in favor include the need to have meaningful investigation of the actions of the president and the fact that the agencies generally responsible for such investigations are under the control of the president himself. Arguments in opposition include the potential for serious abuse by the special prosecutor and the wastefulness of such positions when the government already has significant investigatory bodies.
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