CYBERLAND UNIVERSITY OF NORTH AMERICA
Dr. Almon Leroy Way, Jr.
University President & Political Science
FIRST PAGE
POLITICAL SCIENCE 201 B
AMERICAN NATIONAL GOVERNMENT & POLITICS
REVIEW FOR EXAMINATION II
SECTION A: IDENTIFICATION EXERCISE
DIRECTIONS: Identify each of the following provisions of the United States Constitution:
1. "Congress shall make no law respecting an establishment of
religion. or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition
government for a redress of grievances."
2. "Congress shall make no law respecting an establishment of
religion...."
3. "Congress shall make no law ... prohibiting the free exer-
cise ... [of religion]...."
4. "Congress shall make no law ... abridging the freedom of
speech, or of the press...."
5. "Congress shall make no law ... abridging ... the right of
the people peaceably to assemble, and to petition the gov-
ernment for a redress of grievances."
6. "The privilege of the writ of habeas corpus shall not be
suspended [by Congress], unless when in cases of rebellion
or invasion the public safety may require it."
7. "No bill of attainder or expost facto laws shall be passed
[by Congress]."
8. "No state shall ... pass any bill attainder, [or] ex post
facto laws...."
9. "All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the
United States and of the state wherein they reside."
10. "No state shall ... deprive any person of life, liberty,
or property, with due process of law...."
11. "No state shall ... deny to any person within its jurisdic-
tion the equal protection of the laws."
12. "The [U.S.] House of Representatives shall be composed of
members chosen every second year by the people of the sev-
eral states and the electors [voters] in each state shall
have the qualifications requisite for electors [voters] of
the most numerous branch of the state legislature."
13. "The Senate of the United States shall be composed of two
senators from each state, elected by the people thereof,
for six years; and each senator shall have one vote. The
electors [voters] in each state shall have the qualifica-
tions requisite for the electors [voters] of the most num-
erous branch of the state legislature."
14. "The times, places and manner of holding elections for
Senators and Representatives [in Congress], shall be pre-
scribed in each state by the legislature thereof; but the
Congress may at any time by law make or alter such regula-
tions, except as to the places of choosing Senators."
15. "The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any
state on account of race, color, or previous condition of
servitude."
16. "The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any
state on account of sex."
17. "The right of citizens of the United States to vote in any
primary or other election for President or Vice President,
for electors for President or Vice President, or for Sena-
tors or Representatives in Congress, shall not be denied or
abridged by the United States or any state by reason of
failure to pay any poll tax or other tax."
18. "The right of citizens of the United States, who are eight-
teen years of age, or older, to vote shall not be denied or
abridged by the United States or by any state on account of
age."
19. "The Congress shall have power ... to regulate commerce with
foreign nations, and among the several states, and with the
Indian tribes."
20. "No person shall ... be deprived [by the U.S. national gov-
ernment] of life, liberty, or property, without due process
of law...."
21. "No state shall ... deprive any person of life, liberty, or
property, without due process of law...."
22. "The right of people to be secure in their persons, houses,
and effects, against unreasonable searches and seizures
shall not be violated, and no warrants, shall issue, but
upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the
persons or things to be seized."
23. "No person shall be held to answer for a capital or other-
wise infamous crime, unless on a presentment or indictment
of a grand jury, except in the land or naval forces, or in
the Militia, when in actual service in time of war or
public danger; nor shall any person be subject for the same
offense to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or prop-
erty, without due process of law; nor shall private property
be taken for public use, without just compensation."
24. "No person shall ... be compelled in any criminal case to be
a witness against himself...."
25. "No person shall be held to answer for a capital, or other-
wise infamous crime, unless on a presentment or indictment
of a grand jury, except in cases arising in the land or
naval forces, or in the Militia, when in actual service
in time of war or public danger...."
26. "No person shall be ... subject for the same offense to be
twice put in jeopardy of life or limb...."
27. "In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury
of the state and district where in the crime shall have
been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with witnesses
against him; to have compulsory process for obtaining wit-
nesses in his favor, and to have assistance of counsel for
his defense."
28. "Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted."
29. "... nor shall private property be taken for public use,
without just compensation."
30. The trial of all crimes, except in cases of impeachment,
shall be by jury; and such trial shall be held in the state
where the said crime shall have been committed; but when
not committed within any state, the trial shall be at such
place or places as the Congress may by law have directed."
31. "Treason against the United States, shall consist only in
levying war against them, or in adhering to their enemies,
giving them aid and comfort. No persons shall be con-
victed of treason unless on the testimony of two witnesses
to the same overt act, or on confession in open court.
"The Congress shall have power to declare the punishment
of treason, but no attainder of treason shall work corrup-
tion of blood, or forfeiture except during the life of the
person attainted."
SECTION B: IDENTIFICATION EXERCISE
DIRECTIONS: Identify each of the following decisions of the United States Supreme Court:
1. Freedom of speech and of the press, which are protected by
the First Amendment from abridgement by Congress, are among
the fundamental personal rights and liberties protected by
the Due Process Clause of the Fourteenth Amendment from
impairment by the states.
2. The Establishment Clause of the First Amendment creates a
wall of separation between church and state and prohibits
any law or other governmental action designed to benefit
any religion, even if all religions are treated the same.
3. When the federal constitutionality of a law or other govern-
mental action is challenged on grounds that it violates the
Establishment Clause, to avoid being invalidated as an un-
constitutional establishment of religion, the law or other
governmental action must have a secular purpose, neither
advance nor inhibit religion, and avoid excessive government
entanglement with religion.
4. The Establishment Clause prohibits public school authorities
from sponsoring or encouraging prayer in the public schools.
The Establishment Clause forbids the following activities in
public schools: devotional reading of the Bible, recitation
of the Lord's Prayer, and posting the Ten Commandments on
classroom walls. All of these activities amount to sponsor-
ship and encouragement of religious activity by public
school authorities.
5. The U.S. Constitution severely limits a state's power to
award damages in a libel action brought by a public official
against critics of official conduct. Neither public offi-
cials nor public figures can collect damages for any com-
ments made about them, unless they can prove with convincing
clarity that the comments were made with actual malice.
"Actual malice" means not merely that the defendant had bad
motives, but that the statement was made with knowledge that
it was false or with reckless disregard of whether it was
false or not.
6. A work may be considered legally obscene provided: (1) the
average person, applying the contemporary standards of the
community would find that the work, taken as a whole, ap-
peals to a prurient interest in sex, (2) the work depicts
or describes in a patently offensive way sexual conduct
specifically defined by the applicable law or by the applic-
able law authoritatively construed by the courts, and (3)
the work, taken as a whole, lacks serious literary, artis-
tic, political, or scientific value.
7. Neither Congress nor any state or local government may out-
law mere advocacy of the abstract doctrine of violent over-
throw of the government. To constitutionally prohibit ad-
vocacy of the violent overthrow of government, those to whom
the advocacy is addressed must be urged to do something now
or in the future, rather than merely to believe in some-
thing.
8. Advocacy of the use of force may not be forbidden except
where such advocacy is directed to inciting or producing
imminent lawless action and is likely to incite or produce
such action.
9. The fact that a law has a differential effect, or disparate
impact, on persons of a different race or sex does not, by
itself, establish that the law is discriminatory and uncon-
stitutional.
10. It is a legitimate goal for state legislatures to take race
into account when they redraw congressional and other elec-
toral districts in order to increase the voting strength of
minorities. However, the state legislatures may not consti-
tutionally make race the sole or predominant reason for
drawing district lines. The U.S. Department of Justice was
wrong in forcing states to create as many majority-minority
congressional districts as possible.
11. An electoral district does not have to be bizarre on its
face before there is a constitutional violation. State leg-
islatures may be aware of racial considerations when they
draw district lines. But when race becomes the overriding
motive, the state violates the Equal Protection Clause of
the Fourteenth Amendment.
12. State=mandated racial segregation of public facilities does
not violate the Equal Protection Clause of the Fourteenth
Amendment, as long as the facilities and opportunities pro-
vided for each racial group are substantially equal. The
Louisiana statute providing for separate railway carriages
for the white and colored races does not violate the Equal
Protection Clause. If the separate facilities are equal,
the Court cannot hold that a law which authorizes or even
requires the separation of the two races in public convey-
ances is unreasonable, or more obnoxious to the Fourteenth
Amendment than acts of Congress requiring separate schools
for colored children in the District of Columbia, or the
corresponding acts of state legislatures.
Separation of the races does not constitute inequality under
the Fourteenth Amendment. As long as facilities and oppor-
tunities are substantially equal, the Equal Protection
Clause permits separation of the races.
13. Separate educational facilities for the different racial
groups are inherently unequal. "Separate but equal" is a
contradition in terms. Racial segregation PER SE in the
public schools is an unreasonable classification and is
therefore discrimination. In the states, segregation of the
races in the public schools is a violation of the Equal Pro-
tection Clause of the Fourteenth Amendment.
14. Racial segregation in the public schools of the District of
Columbia violates the Due Process Clause of the Fifth Amend-
ment. Segregation of the races by the national government
is an arbitrary denial of liberty without due process of
law.
15. In enacting Title II of the Civil Rights Act of 1964, pro-
hibiting discriminatory conduct in places of public accomo-
dation which serve interstate travelers, Congress was exer-
cising its constitutional power to regulate interstate com-
merce. Therefore, Title II of the 1964 Civil Rights Act is
constitutional.
16. During the first trimester of a woman's pregnancy, state
regulation of abortions is an unreasonable and therefore
unconstitutional interference with the woman's liberty and
privacy rights. During the first trimester, it is an uncon-
stitutional invasion of the woman's liberty and privacy
rights for the state to set any limits on her choices to
have an abortion, or on her doctor's medical judgement about
how to carry it out.
During the second trimester of a woman's pregnancy, the
state's interest in protecting the health of women becomes
compelling, and the state may make a reasonable regulation
about how, where, and when abortions may be performed.
During the third trimester of a woman's pregnancy, the life
of the fetus outside the womb becomes viable and the state's
interest in protecting the unborn child is so important that
the state can prohibit abortions altogether, except when
necessary to preserve the life or health of the mother.
17. The Due Process Clause of the Fourteenth Amendment protects
a woman's liberty to chhose an abortion prior to viability
of the life of the fetus outside the womb. The right to
have an abortion prior to viability is subject to state
regulation that does not unduly burden that right. A state
may make reasonable regulations on how a woman exercises her
right to an abortion, so long as the state does not prohibit
any woman from making the ultimate decision to terminate her
pregnancy before viability.
18. The provision of the Colorado State Constitution which pro-
hibits any legislative, executive, or judicial action at any
level of state or local government designed to protect homo-
sexuals, is contrary to the U.S. Constitution. The Colorado
state constitutional provision violates the Fourteenth
Amendment Equal Protection Clause, since the state constitu-
tional provision identifies persons by a single trait and
then denies them across-the-board protection.
19. Any evidence obtained unconstitutionally or illegally may
not be admitted into court. Prosecutors may not use illeg-
ally gathered evidence in attempting to establish the sus-
pect's guilt.
20. The exclusionary rule does not apply to grand jury proceed-
ings.
21. The exclusionary rule is not to apply in cases in which the
police relied in good faith on a search warrant that sub-
sequently turned out to be granted improperly.
22. When a person is questioned by a governmental body, what is
required to legally sustain that person's refusal to answer
a question? The person being questioned must have a reason-
able fear that his answer might support a criminal prosecu-
tion against him, or furnish a link in the chain of evidence
needed to prosecute a crime he may have committed.
23. Admission into evidence of a coerced confession violates the
Self-incrimination Clause of the Fifth Amendment, deprives a
person of the assistance of counsel guaranteed by the Sixth
and Fourteenth Amendments, deprives the person of the right
to due process guaranteed by the Fifth and Fourteenth Amend-
ments, and undermines the entire proceeding.
24. No conviction in federal or state court can stand if evi-
dence introduced at the trial was obtained by the police
during a custodial interrogation, unless the detained sus-
pect, prior to the beginning of the interrogation, had been
(1) notified that he was free to remain silent, (2) warned
that what he did say would be taken down and could be used
against him in a court of law, (3) told that he had a right
to have an attorney present during questioning, (4) informed
that, if he could not afford to hire his lawyer, an attorney
would be provided for him, free of charge, and (5) informed
of his right to terminate the police interrogation at any
stage and permitted to exercise that right.
25. The death penalty is not necessarily cruel and unusual pun-
ishment if (1) the sentence is imposed for conviction of
crimes that resulted in a victim's death, (2) the procedures
used by the court ensure that death sentences are not meted
out wantonly or freakishly, and (3) these procedures confer
on the sentencer sufficient discretion to take into account
the character and record of the individual offender and the
circumstances of the particular offense to ensure that death
is the appropriate punishment in a particular case.