Final
Exam Review—Spring 2009: Well, well…. You thought you would never make it
to the end of the session. I’ve sufficiently bored you to tears, and now you’re
ready to get out and get on with your life.
I do hope that some (or preferably all) of what you’ve learned over the
course of the last semester has stuck with you and will become like that
irritating little itch on your back that will seemingly never go away as you
begin to think for yourself about the issues that affect our public life. In any case, it has been a good session, and
you are all better informed now than you were when you first began. REMEMBER THAT THIS GRADE WILL COUNT 20% OF
YOUR FINAL COURSE GRADE!! I cannot emphasize enough the need to study and be
prepared…. Remember that this is only a REVIEW sheet; you need to look deeply
into your notes to be fully prepared. It is not a 100% comprehensive review,
though I have done my best to give you a decent idea of what will be on the
exam. You will have to read the question thoroughly and think in order to
answer the questions. Do not concentrate
entirely on rote memorization of facts; focus more on application of those
facts. I also assume that you have read
every assignment on your syllabus. They
are free game from which to draw exam questions… I suppose you want to get on with the exam
review? Okay, then….here it is. For a more comprehensive review, see
the Power Point Review on the first page of www.geocities.com/ktholton
This
exam is cumulative, covering information from the entire course. It is 100 questions, multiple choice, with a bonus section worth up to 10 points. There are 50 questions from the judiciary
unit and 50 questions from the previous three units.
Unit
1:
*Know
the Federalist Papers, #10 and #51
backward and forward—factions and separation of powers, respectively. I hope I’ve sufficiently pounded into your
head how important
(Passages
from both of these will appear on the exam, and you will be asked to infer
various things from them and/or remember other parts of
*Know
why the Constitution was drafted and ratified—to improve upon the Articles of
Confederation, to strengthen the government, etc...the
Preamble questions make their reappearance on the final. **Please remember that American was NOT
founded on the principle of divine right.
When it says “We the People,” it means POPULAR SOVEREIGNTY!!!!
*Congress/Legislative Branch
represents the people and is therefore most powerful (Article I)
*The President/Executive Branch
represents the nation as a whole (Article II)
*The Courts/Judicial Branch represent the Constitution and are distanced from the people
(Article III)
Principles
of republican government: representatives may be chosen by the body of eligible
citizens/the people to make laws and policies on their behalf. It is not the same as a democracy in which
everyone has the ability to participate directly in the lawmaking and governing
process!!!
Federalism
divides power among national, state, and local governments. The higher governments generally have power
of pre-emption over the lower ones.
Federal systems allow for flexibility and creativity, checks on government
power, and multiple venues for citizen participation and relief, BUT they also
may reduce accountability, discriminate against some minorities, and create
duplication and waste.
Unit
2 (also refer to Exam #2 as a study guide):
*Know
why Congress was designed the way it is and what the Founders intended by
including the various checks and
balances within the legislative system. Prevention of the undue influence
of passion and interest is key, as is making the
government more responsive to the will of the people.
*Know
the peculiarities of the House
(initiate tax law, 435 members, power to impeach, time limits to debate) and the Senate (100 members, power to
try impeached officials, power to confirm, filibustering)
Functions of Congress (lawmaking, representation,
casework/constituent services, oversight of bureaucracy, public-education,
conflict resolution) vs. Powers of
Congress (those powers spelled out in Article I, sec. 8)
*Know
the advantages/disadvantages of a two-party
electoral system and winner-take-all, and know how it works. Plurality
of the vote is all that is needed to win an election, not a majority!!!!.
*Know
the basics of reapportionment (once every 10 years) and redistricting
(redrawing Congressional district lines, especially to gerrymander them to
favor certain parties/minority groups).
*Know
the basics of Congressional election campaigns—who’s likely to run/not
run/when/and how—incumbent behaviour vs. challenger behaviour.
*Know
how trust is built among constituents, lobbyists, etc.
*Know
how votes are taken and the number of votes required for each of the
major types of Congressional actions (2/3 to pass Constitutional amendments in
both houses; 2/3 of Senate to convict an impeached president or to ratify
treaties; 3/5 of Senate to end debate/invoke cloture against filibusters;
simple majority in both chambers to pass a bill; 2/3 of both chambers to
override a veto).
*Know
the basic leadership structure in
the Congress, and how power is exercised by each position (speaker of the house
is most powerful; vice-president is virtually powerless except in casting
tie-breaking votes). Committee chairmen have extraordinary power in the
committees over which they preside
Types
of public opinion: consensus (vast majority), divisive (near-even split),
non-opinion (a large percentage of uninformed/don’t care)
Public opinion may not be useful
because of its reliance on majorities only
Unit
3 (also refer to Exam #3 as a study guide):
*Presidential
roles (chief of state, chief executive, chief diplomat, commander-in-chief,
chief legislator)
*Presidential
qualification (35+ years of age, 14-years a resident, natural-born
*Know
the four presidential personality types
we discussed in class, and be able to identify them in various presidents from
the information given on the exam. (active-positive—FDR,
Clinton, Carter, etc; active-negative—Nixon,
*Know
the bureaucratic theories we
discussed, how to identify them, and why bureaucracy was created (to serve the
interests of the people over against the interests of the elected branches of
government, and to execute the laws more efficiently).
--Weberian
Model (efficient, hierarchically-structured set of agencies working
apolitically to accomplish rational objectives of public services)
--Acquisitive Model (agencies
attempt to “sell” their “goods” to the public or legislature
--Monopolistic Model (no legit.
competition from outside providers of crucial government services)
--Garbage Can Model (trial and
error; extreme inefficiency and waste)
*Know
how electoral college votes are distributed—winner of
the plurality of the popular votes in each state gives total number of that
state’s electoral votes.
*Know
the basic international relations
theories/international relations history (
*Know
the advantages to or limitations to a president’s power relative to his public approval rating
Unit
4:
*Know
the jurisdiction of the Federal Courts—
Cases in law: determining facts, assessing guilt or responsibility;
little question of law’s legitimacy
Cases in equity: determining whether a law violates a higher
principle of justice as it is applied in a particular case or in how it is
written. Cases in which the courts seek
to make “corrections” to the “problems” that arise because of the universality
of the law
*Good
Behavior: period of time for which a federal judge may serve on the federal
bench. Generally is synonymous with “life,” but justices may be removed if impeached
for “high crimes and misdemeanors” and convicted by 2/3 of the Senate
*Know
the basic steps of getting a case all
the way to the Supreme Court—1st, US district courts, 2nd,
US Circuit Courts of Appeals, 3rd, US Supreme Court
*US
District Courts: hear cases primarily on the facts of the case, these are the
trial courts of the federal judiciary
US
Circuit Courts of Appeals: hear cases on appeal from the District Courts;
review the decisions of the lower courts on their merits and make corrections
to those decisions as necessary in the name of equity
US
Supreme Court: highest court in the land, final court of appeal in cases coming
from the US Circuit Courts of Appeals and from state supreme courts; decisions
of the US Supreme Court have constitutional ramifications that affect the scope
and interpretation of laws all across the nation
Current Membership of the
Supreme Court—4 liberals, 4 conservatives, 1 swing vote
*First
Amendment: Freedom of religion, speech, press, assembly, petition
Second
Amendment: Right to bear arms
Third
Amendment: Prohibition of quartering of soldiers in private homes without the
owners’ consent
Fourth
Amendment: Protection against unwarranted searches and seizures
Fifth
Amendment: Right to a grand jury indictment in felony cases, protections
against double jeopardy (being tried twice for the same crime), protections
against self-incrimination (don’t have to testify or confess to one’s alleged
deeds), protections of due process rights in relation to the federal
government, and protections of private property from being seized by the
government for public use without just compensation
Sixth
Amendment: right to a speedy and public trial by jury, right to know witnesses
and charges against you, right to present one’s own witnesses, and right to an
attorney in criminal cases
Seventh
Amendment: right to a jury trial in civil suits of $20 or more; right to appeal
civil cases through common law procedures
Eighth
Amendment: protection against cruel and unusual punishment and excessive bail
Ninth
Amendment: recognition of other rights that are not listed but still cannot be
abused by the national government
Tenth
Amendment: reserved powers to the states and the people
Fourteenth
Amendment: grants both national and state citizenship status to all people born
or naturalized in the US; grants due process rights to individuals against the
state government; grants equal protection under the laws for all people under
state and national government
Doctrine
of Incorporation: constitutional interpretation of the 14th
amendment that understands that amendment’s due process clause to require that
the states must be restrained by the Bill of Rights in the same way as the
national government must be restrained by it
Procedural
Due Process: based on concept of “fundamental fairness,” the fair opportunity
to affect the judgment in a legal or administrative matter on one’s behalf
Substantive
Due Process: understanding that some rights are “fundamental freedoms” that are to be protected at even great costs
to the government’s power to regulate.
If a state is to regulate or infringe upon these fundamental freedoms,
then it must show to the courts that it has a compelling interest to do so; courts will apply strict scrutiny to any law that touches
a fundamental freedom
Majority
Opinion: opinion of the majority of Supreme Court justices, delivering the
judgment or ruling and the constitutional justification for that ruling that
becomes the precedent for later cases
Precedent: a previous court case
involving similar facts and circumstances to a current case that can be used as
a basis for determining the outcome in the current case
Strong
Precedent: 9-0, 8-1, or 7-2 decisions
Weak Precedent:
6-3, 5-4 decisions
Concurring
Opinion: opinion written by a Supreme Court justice in the majority but who disagrees
with the reasoning used to reach the judgment in a case.
Dissenting
Opinion: opinion written by a Supreme Court justice in the minority,
disagreeing with both the judgment/ruling in the case and the reasoning of the
court to get to that conclusion
Rule
of Four: the Supreme Court custom that at least four justices of the court must vote to
grant certiorari before a case can be heard by the Supreme Court
*
Marbury v. Madison—cases best known for the establishment of the doctrine of judicial
review (power of the courts to strike down acts of the elected branches that
are in violation of the constitutionally delegated powers) See also Federalist
#78 for further argument of the importance of judicial review.
Judicial activism: Court’s willingness to
strike down laws or policies of the elected branches of government
Conservative activism: striking down laws in order to support
concepts of law and order
Liberal activism: striking down laws in order to support personal
liberties
Judicial restraint: Court’s willingness to
uphold laws or policies of the elected branches of government
Conservative restraint: upholding laws in order to support
concepts of law and order
Liberal restraint: upholding laws in order to support personal
liberties
Originalist/textualist precedents: sticks to the text of
the Constitution itself to justify the ruling
Non-originalist precedents: goes well beyond the text of the Constitution itself to
justify the ruling
BARRON
v. BALTIMORE (1833): Supreme Court case ruling that the protections of the Bill
of Rights do not apply to the individual’s relationship to the state
governments
DRED
SCOTT v. SANFORD (1857): Supreme Court case ruling that no African-American,
slave or free, has the privileged status of citizen; overturns the Missouri
Compromise of 1820 on the basis of the property rights of the slave owners;
sets in motion events that lead to the Civil War and the eventual adoption of
the 14th Amendment
PLESSY
v. FERGUSON (1896): Supreme Court case establishing the doctrine of “separate
but equal”
BROWN
v. BOARD OF EDUCATION (1954): Supreme Court case overturning Plessy v. Ferguson and requiring integration of public
schools (later other public facilities) on the grounds of a non-originalist ruling that even if all facilities are equal,
the psychological consequences of separation create a sense of inferiority on the
part of the African-American race and therefore segregation is a violation of
the 14th Amendment Equal Protection Clause
MEYER
v. NEBRASKA (1923): right of parents to make educational choices for their
children
PIERCE
v. SOCIETY OF SISTERS (1925): parental privacy trumps state’s interest in
determining where children should be educated
GRISWOLD
v. CONNECTICUT (1965): general right of privacy found in the “penumbras” formed
by “emanations” from the 3rd, 4th, 5th, and 9th
Amendments; zone of privacy includes the marital relationship
EISENSTADT
v. BAIRD (1972): general right of privacy extended to non-married individuals,
especially in their sexual choices
ROE
v. WADE (1973): right of privacy extends to abortion, trimester scheme
developed to give states some control over late-term abortions
CAREY
v. POPULATION SERVICES INTERNATIONAL (1977): general right of privacy becomes “decisional
autonomy” and extends to minors
WEBSTER
v. REPRODUCTIVE HEALTH SERVICES (1989): states may express concern that
abortion is homicide, but cannot criminalize it
PLANNED
PARENTHOOD v. CASEY: right of privacy becomes right of liberty; freedom to “define
one’s own concept of existence, of meaning, of the universe, and of the mystery
of human life…” general right of individual self-constitution
RIGHT
TO DIE: Extension of the right of privacy found in the contraception and
abortion cases; individual self-definition gives someone the right to decide
for themselves the appropriate time and means of their death
LAWRENCE
v. TEXAS (2003): right of privacy extends to the right of homosexuals to engage
in sodomy
SCHENCK
v. UNITED STATES (1919): free speech rights do not extend to words that create
a “clear and present danger, “ such as yelling “FIRE!”
in a crowded theatre
TEXAS
v. JOHNSON (1989): flag burning comes under the protection of free speech
clause as a form of symbolic speech or “expressive conduct”
JACOBELLIS
v. OHIO (1964): obscenity can only be determined on a case-by-case basis; “I
know it when I see it.”
MILLER
v. CALIFORNIA (1973): four part obscenity test developed
-average person must find that the
work violates contemporary community standards
-the work as a whole must appeal
to a prurient interest in sex
-the work must depict patently
offensive sexual conduct
-the work must lack serious
redeeming literary, artistic, political or scientific merit
Your bonus will consist of ten questions relating to how well you
know me, your professor, from what I’ve told you at the beginning of class and
what you have observed throughout the course.
I reserve the right to amend this review sheet anytime between now
and the day of the final exam, as I may make changes to the final exam prior to
its being sent to the printer’s for copying.
One
additional item to mention: Since MCC is not conducting faculty evaluations
this semester, I have included on the last page of the exam a brief
evaluation/survey of myself and the course.
Please answer honestly and openly.
I will not judge anyone’s grade on the basis of their responses to these
questions.
KTH