CYBERLAND UNIVERSITY OF NORTH AMERICA

Dr. Almon Leroy Way, Jr.

University President & Professor of Political Science

SECOND PAGE

POLITICAL SCIENCE 201B

AMERICAN NATIONAL GOVERNMENT & POLITICS



REVIEW FOR EXAMINATION II

(Continued)


SECTION C: IDENTIFICATION EXERCISE

DIRECTIONS: Identify each of the following:
 1.  The basic rights and liberties guaranteed and protected by
     the Constitution.

 2.  The fundamental rights of all persons, rights that cannot be
     legally denied by government action.

 3.  Limitations on governmental power in support if individual
     freedom.

 4.  Examples of these include freedom of conscience, religion
     and expression and other First Amendment freedoms.

 5.  Examples of these include the right to equal protection of
     the laws and the right not to be deprived of life, liberty,
     and property without due process of law.

 6.  Examples of these include the rights of persons accused of
     crime.

 7.  Entitlements, benefits, advantages, allowances, and conces-
     sions granted by government, usually by legislative statute
     or by decision of executive agencies operating under and im-
     plementing statutory law.

 8.  Government-granted entitlements, benefits, advantages, al-
     lowances, and concessions to which no one has a constitu-
     tional right.

 9.  Examples of these include a license to drive an automobile
     on public roads, highways and streets, welfare payments, and
     a license to teach, preach or practice law or medicine.

10.  In 1791, when these amendments were ratified and became
     parts of the United States Constitution, they applied as
     limitations on the authority of the national government
     only.

11.  In 1868, when this amendment was ratified and became a part
     of the U.S. Constitution, the amendment contained a Due
     Process Clause which applied as a limitation on the authori-
     ty of the states and their local subdivisions.

12.  Beginning in the 1930s and continuing at an accelerated pace
     during the 1960s, the U.S. Supreme Court, in case after
     case, interpreted the Fourteenth Amendment Due Process
     Clause to include provision after provision of the Federal
     Bill of Rights.  What is this process called?

13.  Today, the Due Process Clause of the  Fourteenth Amendment
     imposes on the states and their local subdivisions almost
     all of the provisions of the Federal Bill of Rights.  Which
     provisions are excepted?

14.  The process of judicial construction which made the U.S.
     Courts, under the guidance of the U.S. Supreme Court, the
     most important protectors of civil liberties in the U.S.A.

15.  A three-part constitutional test established by the U.S.
     Supreme Court to determine the federal constitutionality of
     a law or other governmental action challenged on grounds
     that it violated the Establishment Clause of the First
     Amendment.

16.  The doctrine holding that the Establishment Clause forbids
     governmental practices which a reasonable person would view
     as endorsing religion, even if no coercion is involved.

17.  Governmental review and approval before a speech can be
     made, a motion-picture can be shown, or a newspaper can be
     published.

18.  A law must not allow the executive officers enforcing the
     law so much discretion that they could discriminate against
     persons and groups whose views they dislike.

19.  Laws must not be so vague that persons are afraid to exer-
     cise constitutionally protected rights.

20.  A legislature, even for an important reason, may not pass a
     law that impinges on First Amendment freedoms, if there are
     other, less drastic ways to handle the problem.

21.  Under this constitutional test, the U.S. Supreme Court is
     likely to declare unconstitutional a law regulating some
     kinds of speech but not others, or speech expressing some
     views but not others.

22.  The type of speech or expression that government constitu-
     tionally may not prohibit as false and misleading advertis-
     ing.

23.  The current rule of law regarding government censorship of
     the mail.

24.  The position of the U.S. Supreme Court on the right claimed
     by news reporters to protect their information sources by
     ignoring legal requests and withholding information from
     such governmental bodies as grand juries and legislative
     investigating committees.

25.  The position of the U.S. Supreme Court on the right claimed
     by news reporters to use false identities to gain entrance
     to facilities in order to expose racial distrimination, em-
     ployment discrimination, and financial fraud.

26.  The U.S. Supreme Court's approach to protecting persons on
     trial from inflamatory publicity.

27.  The current rule of law regarding federal statutes authoriz-
     ing household censorship of mail.

28.  State laws which provide reporters and their news sources
     with some degree of protection from state court subpoenas.

29.  A patently offensive interest in sex over and beyond those
     interests that would be characterized as normal.

30.  Speech that has a direct tendency to cause acts of violence
     by the person to whom, individually, the remarks are ad-
     dressed.

31.  Advocacy by speech or publication of the violent and forci-
     ble overthrow of the duly established government.

32.  The right of the people to congregate for the discussion of
     public questions and organize political parties, political
     interest groups, and other political organizations for the
     purpose of influencing, shaping, and exerting control over
     public policy.

33.  Public places historically associated with the free exercise
     of expressive activities, e.g., streets, sidewalks, and
     parks.

34.  The kinds of public property available for limited purposes,
     a limited amount of time, and a limited class of speakers,
     e.g., only students, only teachers, only employees.

35.  As long as people use these public facilities within the
     normal bounds of conduct, they constitutionally may not be
     restrained from doing so.

36.  The legal right of householders to ask the Postmaster to
     delete their names from all mailing lists and refrain from
     sending any advertisements that they believe to be erotic-
     ally arousing or sexually provocative.

37.  A group of people refusing to obey the law, or refusing to
     comply with the lawful orders of public officials, as a
     means of expressing their opposition to the government or
     some of its laws and policies.

38.  The federal constitutionality of state court injunctions
     imposing restrictions on anti-abortion protest demonstra-
     tions depends on whether the injunctions burden no more
     speech than necessary to serve a significant government in-
     terest, such as ensuring public safety and protecting the
     right of women to go into abortion clinics.

SECTION D: IDENTIFICATION EXERCISE

DIRECTIONS: Identify each of the following:
 1.  A court order directing a government official who has a per-
     son in custody to bring the prisoner to court and show cause
     for his detention.

 2.  A remedy available to effect a person's discharge from any
     confinement contrary to the Constitution or fundamental law.

 3.  A law which makes an act a crime that was not a crime when
     committed, increases the penalty for a crime after its com-
     mission, or changes the rules of evidence so as to make it
     easier to convict a person already charged.

 4.  An act passed by the legislature specifying an individual
     person by name, declaring him to be guilty of specified
     crimes, and setting his punishment.

 5.  A legal action conferring citizenship upon an alien.

 6.  A government-created classification which has no relation to
     constitutionally permissible governmental goals.

 7.  Under this constitutional test, the burden of proof is on
     those challenging the constitutionality of a law.  The chal-
     lengers must show that the law has no legitimate government-
     al goals.

 8.  Under this constitutional test, it is not sufficient that
     the constitutionally challenged law be a reasonable means to
     handle a particular problem.  Rather, the courts must be
     persuaded that there is both a compelling public purpose to
     justify a suspect classification and no less restrictive way
     to accomplish the compelling public purpose.

 9.  To sustain a law under this constitutional test, the burden
     is on the government to show that a quasi-suspect classifi-
     cation serves important governmental objectives and is sub-
     stantially related to those objectives.

10.  A government-established classification consisting of a
     group of people deliberately subjected to unequal treatment
     in the past or relegated by society to a position of such
     political powerlessness as to require extraordinary protec-
     tion.

11.  An example of a government-established classification
     treated by the U.S. Supreme Court as a suspect classifica-
     tion.

12.  An example of a government-established classification
     treated by the U.S. Supreme Court as a quasi-suspect classi-
     fication.

13.  A congressional district created by the state legislature to
     include a majority of minority voters.  In such a congres-
     sional district, the group that is a minority of the state's
     total population constitutes a majority of the district's
     population.

14.  The argument that state-mandated racial segregation of pub-
     lic facilities does not violate the Equal Protection Clause
     of the Fourteemth Amendment, as long as the separate facili-
     ties provided for each racial group are substantially equal.

15.  The case in which the U.S. Supreme Court embraced the Sep-
     erate but Equal Doctrine and sustained a Louisiana state law
     requiring segregation of the races in public transportation.

16.  The contention that separate educational facilities for the
     different racial groups are inherently unequal and therefore
     a violation of the Fourteenth Amendment Equal Protection
     Clause.

17.  In this case, the U.S. Supreme Court, for the first time,
     embraced the Inherently Unequal Doctrine and declared state-
     mandated racial segregation in the public schools to be a
     violation of the Fourteenth Amendment Equal Protection
     Clause.

18.  The case in which the U.S. Supreme Court read the require-
     ments of the Fourteenth Amendment Equal Protection Clause
     into the Due Process Clause of the Fifth Amendment.

19.  Stipulates that federal financial assistance under any grant
     program or project must be withdrawn from an entire school,
     college, university, or other educational institution that
     discriminates on the basis of race, color, national origin,
     gender, age, or disability in any program or activity re-
     ceiving federal financial assistance.

20.  Laws which made it a crime for blacks and whites to go to
     school together, be served together in public places, or sit
     together in public transportation.

21.  Segregated housing and neighborhood patterns, with racial
     and ethnic concentrations in particular sectors of an urban
     area, resulting in racially segregated public schools based
     on residence.

22.  Inherent powers of the states to regulate human conduct to
     protect the public health, public morals, public safety, and
     public welfare of their citizens.

23.  The power of government to take private property for public
     use.

24.  A governmental regulation that has gone too far and must be
     considered a taking for which the government must pay com-
     pensation to its owners, even when title is left in the
     hands of the owners.

25.  When the governmenr takes private property for public use,
     the owner is entitled to receive, by and large, what a will-
     ing buyer would pay in cash to a willing seller at the time
     of the taking.

26.  The constitutional requirement that government proceed by
     proper methods under the law.  A statute may violate this
     requirement if it is too vague or if it creates an improper
     presumption of guilt.  Traditionally, however, the require-
     ment relates not to the statute itself but to the way in
     which the statute is applied.  What is required is a pro-
     cedure which hears before it condemns, proceeds upon in-
     quiry, and renders judgement only after trial or some kind
     of hearing.  The requirement places limits on how govern-
     mental power may be exercised, mainly limiting the executive
     and judicial branches of government.

27.  The constitutional requirement that government act reason-
     ably and that the substance, or content, of laws themselves
     be fair and reasonable.  The requirement places limits on
     what government may do, mainly limiting the legislative
     branch of government.

28.  A warrant issued by a magistrate that authorizes the police
     to search a particular place or person, specifying the place
     to be searched and the objects to be seized.

29.  A fair probability that the person in question has committed
     or is about to commit a crime.

30.  A constitutionally valid search warrant is needed to search
     a person in any place where he has an expectation of privacy
     that society is prepared to recognize as reasonable.

31.  The rule that any evidence obtained unconstitutionally or
     illegally may not be admitted into court in a criminal
     trial.

32.  A hearing at which the magistrate examines the evidence or
     issues of law to determine whether there is probable cause
     to hold the detained suspect and whether the case will go
     before a grand jury.

33.  A body of from 12 to 23 members who (1) hear evidence pre-
     sented by the prosecuting attorney against a person sus-
     pected of a serious crime and (2) decide by majority vote
     whether to officially accuse the suspect of having committed
     the crime and order him to stand trial on the charge, or ac-
     cusation.

34.  A formal statement, drafted by a prosecutor and approved by
     a grand jury, officially charging the person against whom
     the document is issued with having committed the crime or
     crimes specified therein.

35.  At a criminal trial, the body of persons who (1) listen to
     the testimony of witnesses, direct examination and cross-
     examination of witnesses, the arguments of prosecuting and
     defense attorneys, and the judge's instructions regarding
     the law that applies to the case, and (2) on the basis of
     evidence introduced into the trial, decide whether the de-
     fendant is guilty or not guilty.

36.  The official who, within the limits prescribed by law, sets
     the sentence, after a person has been tried and found guilty
     of a federal crime.

37.  An independent governmental body within the federal judicial
     branch, created by Congress in the Comprehensive Crime Con-
     trol Act of 1984.  The function of this body is to design
     guidelines ensuring greater certainty and uniformity in fed-
     eral criminal sentencing.

SECTION E: IDENTIFICATION EXERCISE

DIRECTIONS: Identify each of the following:
 1.  In the U.S.A., an organization which seeks to acquire polit-
     ical authority (governmental power) by electing its candi-
     dates to government office so that the organization's posi-
     tions and philosophy can become public policy.

 2.  In the U.S.A., an organization of persons who share some
     common view or attitude regarding one or a few public-policy
     issues and seek to influence government for specific policy
     goals within the policy area or areas in which the members
     of the organization have a common, or shared, interest.
     Such an organization usually works within the framework of
     the governmental system and employs such methods as lobbying
     to achieve its goals.

 3.  The political-money arm of an organized interest group,
     legally entitled to raise funds on a voluntary basis from
     members, stockholders, or employees in order to contribute
     funds to favored candidates for public office.

 4.  An election open to all members of a particular political
     party in which the party's voters choose the persons who
     will be party's candidates for elective government offices
     in the general election.

 5.  An election system in which the candidate receiving the most
     votes (whether a plurality or majority of the total number
     of votes cast) wins the election.

 6.  The national meeting of delegates elected in the primaries,
     caucuses, or state conventions who assemble once every four
     years to nominate their political party's candidates for
     President and Vice President, ratify the party's national
     platform, elect the party's national officers, and adopt the
     party's national rules.

 7.  Regularly scheduled elections, fixed, staggered and some-
     times limited terms of office, the winner-takes-all rule,
     and operation of the Electoral College.

 8.  Raise hundreds of thousands of dollars to mount a serious
     campaign in his congressional district, build a personal
     organization, hire a campaign manager and a number of tech-
     nicians, buy television and other advertising, conduct
     polls, pay for a variety of activities, win nomination by
     majority vote in his party's direct primary election held
     within his congressional district, and win a majority or
     plurality of the popular vote in the general election held
     in his congressional district.

 9.  Presidential primaries, local, district and state caucuses
     and conventions, an aspiring candidate's strategy for ob-
     taining supporting delegates to his party's national nomi-
     nating convention, and the meetings, activities and deci-
     sions of the party's national nominating convention.

10.  Win nomination by majority vote of the delegates at his
     party's national nominating convention, win a majority or
     plurality of the popular vote in a large number or states
     (ordinarily including a substantial number of the states
     with large populations and there large numbers of presiden-
     tial electors), and win a majority of the electoral votes in
     the Electoral College.



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POLITICAL PROCESSES IN THE U.S.A.


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AMERICAN NATIONAL GOVERNMENT & POLITICS


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