Requirements
The exam will be submitted as a digital document, in either Microsoft Word (.doc, .docx) or PDF (.pdf) format. There is no time limit on the exam; you can access the questions and work on them at any time, and save your answers in a file until you are ready to submit. It is recommended that you have access to a desktop computer or laptop, as it will be very difficult to type detailed answers on your smartphone.
Format
The format of this exam is short answer. The primary purpose is for students to demonstrate their ability to identify information in the course materials relevant to the question(s), and to analyze and apply that information to the task of answering the question. This means that students should not include information which is not directly relevant to answering the question (no “everything but the kitchen sink” answers). In general, your answers should be in-depth enough to answer the question in some detail, which would mean somewhere around 1/3 to 1/2 page single spaced, with normal margins and fonts. I will judge the answers on the quality of the content, not the quantity, so monkeying around with font sizes, spacing, and so on, is not going to fool me into thinking you wrote a longer and more substantial answer.
There are three sections to the exam, and you will have to answer TWO questions from each section. Each answer is worth 10 points, for a total of 60 points on the exam. Please review the formatting instructions and penalties below. If you use the file linked above, it’s already formatted correctly. You should also go over the rubric [see below] before submitting your exam so that you know the criteria I will be grading you on.
Formatting Instructions and Penalties:
File Format [-3 points]:
Use .docx (MS Word) or .pdf (Adobe) file format to submit through Canvas. Do not submit a .pages file (Apple) or send me a link to your Google Doc. You can download or export to Word or PDF and submit that.
Document Format [-1 point per infraction]:
Single-spaced
1-inch margins (top, bottom, left, and right)
Font – either Times New Roman or Bell MT (the font this document is in)
Font Size – 12 point
Follow the order of the exam and use the section titles (e.g., place “Founding and Constitution” section first, “Civil Liberties” second, and “Civil Rights” third).
Number and label the questions properly (e.g., if you answer numbers 1 and 4 from the first section, then label them “1. Race and Colonial Society” and “4. Cooperative Federalism.”
Sample Question and Answer
To illustrate what I am looking for in this exam, it might be good to go over an example:
Q: Briefly explain the difference between unitary, federal, and confederal systems of government. Which type does the United States have, and why?
Step 1: Analyze the question, and determine what it is asking for. In this case, the question refers to three systems of government discussed in the “Basic Concepts” lecture. The question asks to “explain the difference,” so we can infer that these systems will differ from each other in some way, and our job is to explain HOW they differ. First, we have to define each of the three systems, and then we have to identify how they are different from each other. Then, we have to identify which one the U.S. currently uses, and why.
Step 2: Collect and analyze information. Next, you go to the relevant course material and gather the basic definitions and analyze them, looking for the feature(s) that differentiate them. We find that each system of government involves a national government and state governments. Since that is the same for all three, that cannot be what differentiates them. We look closer and we see that in a unitary system, the national government is more powerful than the states, and in a confederal system the states are more important than the national government. The final type, federalism, has a more equal relationship between national and state governments. Thus, it appears that the feature that differentiates these systems is the nature of the relationship between the national and state governments in terms of which is dominant or more powerful. When we look at the United States, it is obvious that we currently have a federalist system, but why? Looking at the history we went over in the section on the colonial era and the American Revolution, we see that the colonists objected to the unitary imposition of taxes by the British government, an example of a unitary system. We also see that America experimented with confederal government in the Articles of Confederation, which failed in part because of how weak the national government was. Thus, we settled on federalism as a middle ground between the other two systems, after having had negative experiences with them.
Step 3: Write your response.
A: “Unitary, federal, and confederal systems all include state and national levels of government, however, they are differentiated in terms of the relationship between those levels of government. In a unitary system, the national government has the most power, with state governments being largely subordinate. This is equivalent to rule of the British Parliament over the colonies prior to the American Revolution. In a confederal system, the state governments have the most power, with the national government being largely subordinate. This is equivalent to the system of government under the Articles of Confederation, in which the national government could not levy taxes, raise a standing military, and so on. In a federal system of government, both state and national governments have some power to check the other, thus preventing either from exercising tyrannical power. The United States is a federal system, a system which was chosen after negative experiences with the unitary system of the British, which exerted too strong of a tyrannical power over the colonies (“no taxation without representation”), and with the confederal system of the Articles of Confederation, which created a weak national government that could not protect against rebellion, regulate the economy, and so on. The American Constitution hence attempts to carve out a middle way between the extremes of tyrannical government on the one hand, and ineffectual government on the other.”
Questions
Part I | Founding and Constitution [Answer Two; 10 Points Each]
1. Race and Colonial Society – Explain the social structure (class, race) of either the Spanish colonies on the west coast, or the British colonies on the east coast. How did these structures shape the evolution of these colonies towards rebellion and revolution?
2. The Articles of Confederation – The first Constitution of the United States failed because it created a national government that was too weak. Briefly explain (a) why the Founding Fathers opted for a confederacy rather than a unitary or federal form of government, and (b) two of the weaknesses of the Articles of Confederation.
3. The Founding Fathers – When designing the Constitution, were the Founding Fathers motivated by economic self-interest or principles like individual liberty, equality, and so on? Be sure to cite, and explain, two or more arguments in favor of your position.
4. California State Constitution – The California State Constitution is both similar to, and different from, that of the United States. List, and explain at least two differences that you deem to be important. Be sure to explain why these differences matter. Do they make it easier or harder to govern the state of California, compared to the national government?
5. Cooperative Federalism – Briefly, explain categorical grants, block grants, and general revenue sharing. What are the differences, which kind does the federal government generally give, and why?
Part II | Civil Liberties [Answer Two; 10 Points Each]
6. Freedom of Speech – Explain the two prongs of the “direct incitement” (or “imminent lawless action”) standard for freedom of speech. Which court case established this “test,” and how is it applied? (i.e., what must one do to “fail” the test?)
7. Freedom of Religion – Explain the Supreme Court’s decision in one of the following cases, including (a) which clause of the Constitution it addressed, (b) why the court ruled the way that it did, and (c) the importance or relevance of the case for religious freedom:
Employment Division v. Smith (1990) [The Native American Church Peyote Case]
Lemon v. Kurtzman (1971) [The Public Funding for Religious Schools Case]
Burwell v. Hobby Lobby (2014) [The ACA and Birth Control Case]
McCreary v. ACLU and Van Orden v. Perry (2005) [The 10 Commandment Cases]
8. The Right to Bear Arms – How has the Court ruled on attempts to restrict gun ownership in District of Columbia v. Heller (2008) and McDonald v. Chicago (2010)? What restrictions remain in place after those rulings?
9. Search and Seizure – Explain the evolution of Fourth Amendment jurisprudence (i.e., protection against illegal search and seizure), from the exclusionary rule, to the good faith exception, and the inevitable discovery rule. In your opinion, has the Court gone in the right direction in balancing the protection of individual civil liberties and law enforcement effectiveness? Why, or why not?
Part III | Civil Rights [Answer Two; 10 Points Each]
10. The Black Civil Rights Movement – Briefly explain the importance of one of the following three figures in the Civil Rights Movement: Thurgood Marshall, Martin Luther King, Jr., or Malcolm X. Be sure to discuss their main contributions, and any organizations they founded or participated in.
11. Letter from Birmingham Jail – What are the four basic steps for nonviolent resistance, as discussed by Martin Luther King, Jr. in his Letter from Birmingham Jail? Explain how each step answers the objections raised by some that MLK (a) was an outsider to the struggle in Birmingham, and (b) needed to be more patient in the pursuit of civil rights for African Americans.
12. From Dred Scott to Brown v. Board – In Dred Scott v. Sandford, the Supreme Court ruled that African Americans “had no rights which the white man was bound to respect.” How did the Court’s position on discrimination against African Americans evolve from Dred Scott to Plessy v. Ferguson and Brown v. Board of Education.
13. Legal Tests for Discrimination – Briefly explain the differences between two of the following three legal tests that the courts use in discrimination cases, and what forms of discrimination they apply to: (a) the rational basis test, (b) the strict scrutiny test, and (c) the intermediate scrutiny test. What types of cases do they apply to, and what is the underlying rationale (argument, justification) for their use?
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