Final Exam FRQ Practice Questions
Directions: You have 100 minutes to answer all four of the following questions. Unless the directions indicate
otherwise, respond to all parts of all four questions. It is suggested that you take a few minutes to plan and outline
each answer. Spend approximately one-fourth of your time (25 minutes) on each question. In your response, use
substantive examples where appropriate. Make certain to number each of your answers as the question is numbered
below.
1.Presidents are generally thought to have advantages over Congress in conducting foreign policy because of the
formal and informal powers of the presidency. 8 Points
(a) Identify two formal constitutional powers of the President in making foreign policy.
(b) Identify two formal constitutional powers of Congress in making foreign policy.
(c) Identify two informal powers of the President that contribute to the President's advantage over Congress in
conducting foreign policy.
(d) Explain how each of the informal powers identified in (c) contributes to the President's advantage over
Congress in conducting foreign policy.
2.Different interest groups will choose different techniques to achieve their objectives based on their resources,
characteristics, and goals.
(a) Describe each of the following techniques and explain why an interest group would choose each technique.
 Litigation
 Campaign contributions
 Grassroots lobbying/ mass mobilization
(b) Select one of the following groups and identify the primary technique it uses from the list in part (a).
Explain why the group you selected would employ that technique over the other two techniques.
 American Medical Association (AMA)
 Sierra Club
 National Rifle Association (NRA)
 National Association for the Advancement of Colored People (NAACP
We’ve got to put an
End to our
society’s throw-away
mentality
3. Minor parties (third parties) have been a common feature of United States politics.
(a) Describe the point of view expressed about minor parties in the political cartoon above.
(b) Identify and explain how two rules of the United States electoral system act as obstacles to minor-party
candidates winning elections.
(c) Minor parties make important contributions to the United States political system in spite of the institutional
obstacles to their candidates' success. Describe two of these contributions.
4. Trust and confidence in government have declined in recent decades.
(a) Explain how divided government has contributed to the decline in trust and confidence in
government. Be sure to include a definition of divided government in your response.
(b) Explain how the increased cost of election campaigns has contributed to the decline in trust
and confidence in government.
(c) Explain two specific consequences of the decline in trust and confidence in government for
individual political behavior.
5.The judicial branch is designed to be more independent of public opinion than are the legislature or the
executive. Yet, the United States Supreme Court rarely deviates too far for too long from prevalent public
opinion.
(a) Describe two ways in which the United States Supreme Court is insulated from public opinion.
(b) Explain how two factors work to keep the United States Supreme Court from deviating too far from
public opinion.
6. The power of the federal government relative to the power of the states has increased since the ratification of
the Constitution.
(a) Describe two of the following provisions of the Constitution and explain how each has been used over time
to expand federal power.
 The power to tax and spend
 The "necessary and proper" or "elastic" clause
 The commerce clause
(b) Explain how one of the following has increased the power of the federal government relative to the power of
state governments.
 Americans with Disabilities Act
 Civil Rights Act of 1964
 Clean Air Act
7. Initially, the United States Constitution did little to protect citizens from actions of the states. In the twentieth
century, the Supreme Court interpreted the Constitution to protect the rights of citizens from state governments
in a process referred to as incorporation.
(a) Define selective incorporation.
(b) For two of the following, explain how each has been incorporated. Each of your explanations must be based
on a specific and relevant Supreme Court decision.
 Rights of criminal defendants
 First Amendment
 Privacy rights
8. The United States Congress has debated a variety of campaign finance reforms over the last decade.
The proposals debated have included the following:
 Eliminating soft money
 Limiting independent expenditures
 Raising limits on individual contributions
(a) Select one of the listed proposals and do all of the following:
 Define the proposal.
 Describe an argument that proponents make in favor of the proposal.
 Describe an argument that opponents make against the proposal.
(b) Select a different listed proposal and do all of the following:
 Define the proposal.
 Describe an argument that proponents make in favor of the proposal.
 Describe an argument that opponents make against the proposal.
9. While interest groups and political parties each playa significant role in the United States political system, they
differ in their fundamental goals.
(a)Identify the fundamental goal of interest groups in the political process.
(b) Identify the fundamental goal of major political parties in the political process.
(c) Describe two different ways by which interest groups support the fundamental goal of political parties in the political
process.
(d) For one of the forms of support you described in (c), explain two different ways in which that form
of support helps interest groups to achieve their fundamental goal in the political process.
10. The United States Congress and the President together have the power to enact federal law. Federal
bureaucratic agencies have the responsibility to execute federal law. However, in the carrying out of these laws,
federal agencies have policy-making discretion.
(a) Explain two reasons why Congress gives federal agencies policy-making discretion in executing
federal laws.
(b) Choose one of the bureaucratic agencies listed below. Identify the policy area over which it exercises
policy-making discretion AND give one specific example of how it exercises that discretion.
Environmental Protection Agency (EPA)
Federal Communications Commission (FCC)
Federal Reserve Board
(c) Describe two ways in which Congress ensures that federal agencies follow legislative intent.
11. The framers of the United States Constitution created a legislative system that is bicameral. However, it is not
just bicameral; the framers also established two houses of distinctly different character and authority.
(a) Discuss two reasons why the framers created a bicameral legislature.
(b) Identify one power unique to the House of Representatives and explain why the framers gave the House that power.
(c) Identify one power unique to the Senate and explain why the framers gave the Senate that power.
12. A significant feature of the electoral college is that most states have a winner-take-all system.
(a) Describe the winner-take-all feature of the electoral college.
(b) Explain one way in which the winner-take-all feature of the electoral college affects how presidential
candidates from the two major political parties run their campaigns.
(c) Explain one way in which the winner-take-all feature of the electoral college hinders third-party candidates.
(d) Explain two reasons why the electoral college has not been abolished.
13. The First Amendment includes two clauses relating to the freedom of religion.
(a) Select one of the following cases and identify the First Amendment clause upon which the United States
Supreme Court based its decision.
 Engel v. Vitale (school prayer)
 Lemon v. Kurtzman (state funding for private religious schools)
(b) Describe the Supreme Court's decision in the case that you selected in (a).
(c) Select one of the following cases and identify the First Amendment clause upon which the Supreme Court
based its decision.
 Reynolds v. United States (polygamy)
 Oregon v. Smith (drug use in religious ceremonies)
(d) Describe the Supreme Court's decision in the case that you selected in (c).
(e) Many of these decisions have caused controversy in the United States. Describe two ways in which other
political institutions might limit the impact of Supreme Court decisions.
14. Conflicts between Congress and the President over war powers have their origin in the United States
Constitution. In 1973 Congress passed the War Powers Resolution in an attempt to clarify the balance of
powers between the two branches of government.
(a) Describe the primary constitutional conflict between Congress and the President over the decision to go to war.
(b) Describe two provisions of the War Powers Resolution that were designed to limit the President's power over war
making.
(c) The War Powers Resolution has received mixed reviews, but Congress has other powers over war making.
Other than the constitutional power that you described in (a), identify and explain two other formal powers Congress has
over war making.
15. The framers of the United States Constitution created a federal system.
(a) Define federalism.
(b) Select two of the following and explain how each has been used to increase the power of the federal government
relative to the states.
• Categorical grants
• Federal mandates
• Selective incorporation
(c) Select two of the following and explain how each has been used to increase the power of the states relative
to the federal government.
 Welfare Reform Act of 1996
 Block grants
 Tenth Amendment
SCORING GUIDELINES
Question 1
8 Points
Part a: (2 points) 1 point for each of two identifications
Acceptable identifications of explicit, formal constitutional powers of the President may include:
·
Commander-in-chief; power to commit troops
·
Appointment of ambassadors and foreign policy officials
·
Negotiate/make treaties
·
Recognition of nations
·
Receive ambassadors and other public ministers
Part b: (2 points) 1 point for each of two identifications
Acceptable identifications of explicit, formal constitutional powers of Congress may include:
·
Confirm ambassadors
·
Power of purse in military/foreign policy matters
·
Declare war
·
Pass laws/resolutions re: foreign policy issues
·
Regulate foreign commerce (including trade agreements)
·
Ratify treaties
Part c: (2 points) 1 point for each of two identifications
Acceptable identifications of informal powers may include:
·
Executive agreements
·
Access to media/bully pulpit/morale building
·
Agenda setting
·
Meet with world leaders
·
Crisis manager
·
International coalition building
·
President has access to more information, knowledge, or expertise than does Congress
·
Recognized as global leader
Part d: (2 points) 1 point for each of two explanations
Response must show how or why the identified power gives the President advantages over Congress
Acceptable explanations of the President's advantage over Congress may include:
·
Persuade Congress: negotiate, offer support, threats, etc.
·
Persuade public: (various means of persuasion) on foreign policy process/issues
(e.g., apply pressure to Congress)
• Ability to circumvent the formal process
Score of zero (0) for attempted answer that earns no points.
Question 2
8 points
Part a: (6 points) 2 points for each description, 1 point for each general description, 1 point
for showing why the strategy would be used
Acceptable explanations include:
Litigation
·
lack broad popular support (numbers or pub opinion) and/or lack influence over
legislation/policy
·
rights issues involved
·
success establishes firm precedent
Campaign contributions
·
financial resources
·
groups that need access
·
narrow or focused issue
·
buy candidate loyalty/support
Grassroots lobbying (not lobbying in general) //Mass mobilization
·
popular support but lack of funds
·
popular support is strength
·
requires less other resources ($, access)
·
democratic concerns (philosophical approach). Needs to go beyond influencing public
opinion to include involvement/activity for first point; must include how the
involvement/activity affects decision makers for second point.
Part b: (2 points) 1 point for correct association of a group with a strategy, 1 point for linkage
to the other strategies
Acceptable associations include:
·
AMA: campaign contributions
·
SC: grassroots OR litigation
·
NRA: grassroots OR campaign contributions
·
NAACP: litigation OR grass roots
IF they do not correctly identify an acceptable association then they CANNOT get the second point.
Score of zero (0) for attempted answer that earns no points.
Score of dash (-) for blank or off-task answer.
Question 3
7 points
Part a: (1 point) 1 point for description
Accurate description of cartoon's point of view (e.g., voting for a third party is throwing away a vote)
Part b: (4 points) 1 point for each of two identifications, 1 point for each of two explanations
Accepted answers may include:
·
Winner-take-all aspect of electoral college
·
Ballot access
·
Campaign financing (rules/limits, not effects)
·
Federal funding of presidential elections
·
Exclusion from presidential debates
·
Single-member plurality districts
Part c: (2 points) 1 point for each of two descriptions
Acceptable answers may include:
·
New or different ideas or issues
·
Voice for fringe
·
Safety valve for discontent
·
Enhanced participation
·
Room for critical voices
·
Pushes major parties to include otherwise underrepresented concerns/groups
·
Clarify major-party candidates' positions
Score of zero (0) for attempted answer that eams no points.
Score of dash (-) for blank or off-task answer.
Question 4
6 points
Part a: (2 points) 1 point definition, 1 point explanation
Definition of divided government required for first point. (Essay must earn first point to be eligible for
explanation point, below.)
Explanation point requires linkage between divided government and decline in trust/confidence.
Acceptable responses may include linkage to:
·
Heightened partisanship
·
Decline of the middle (moderates frozen out, extremes driving legislation)
·
Frustration with the governmental process
·
Confirmation process slowed, stopped, or circumvented, increasing frustration/disgust
·
Gridlock
Part b: (2 points) 2 point explanation
For the first point, acceptable explanations include:
·
Candidates must spend more time raising money
·
Role of interest groups (PACs), corporations and connections to wealthy donors
·
Keeps good people from running for office
·
Small contributions don't matter
·
Perception that there is wasteful spending
To receive the second point, mustprovide linkage to cynicism or distrust.
Part c: (2 points) 1 point for each of two explanations
Acceptable behavioral consequences include:
·
Protest
·
Decline in voting
·
Increase in independents or third-party identifiers
·
Indications of less conventional participation, more non-conventional participation, or
limitation to local nonpartisan or community action
Score of zero (0) for attempted answer that earns no points.
Score of dash (-) for blank or off-task answer.
Question 5
6 points
Part (a): 2 points
One point is earned for each of the two descriptions. The response must correctly describe two features of
the Supreme Court that insulate it from public opinion. The description must identify each feature and add
an additional clause or sentence that is factually correct and relevant to the identification. This may be an
example or illustration. The response must also link each feature to public opinion. Congress may be used
as a surrogate for public opinion, but the President cannot be used unless explicitly linked to public
opinion.
Acceptable descriptions may include:
·
"Appointed" or "not elected."
·
Serve life terms.
·
Court's ability to control its own docket/set its own agenda.
·
Salaries cannot be reduced.
·
Limited access to Court proceedings.
Descriptions that are not acceptable include:
·
The Court's role as interpreter of laws/Constitution.
·
The fact that the Court accepts only legitimate controversies.
Part (b): 4 points
Two points are earned for each of the two explanations. The response must explain how or why each
identified factor keeps the Supreme Court from deviating too far from public opinion.
Acceptable explanations may include:
·
The appointment and/or confirmation process (no point is given if the response says that the House
confirms, but if the response says Congress confirms, this is acceptable). If the appointment and
confirmation processes are fully discussed as two SEPARATE processes, the response may earn
points for both.
·
Reliance on other public officials to execute decisions.
·
The fact that the Supreme Court can be overruled with new laws or constitutional amendments.
("New laws" do not include Congress's general power to write legislation.)
·
The concern for reputation-individual reputation and/or that of the Supreme Court. Concern for
credibility/legitimacy of the institution falls into this category.
·
The potential for the impeachment of justices.
·
Congressional control of the Supreme Court's appellate jurisdiction and/or changing the number of
justices on the Court.
Question 6
6 points
Part (a): 4 points
One point is earned for each of the two descriptions, and 1 point is earned for each of the two explanations.
The explanation must go beyond merely saying that the clause/power has been used more or interpreted
more broadly, and it must explicitly indicate that change over time has occurred.
Acceptable descriptions may include:
·
Tax and spend power
·
The response must indicate who exercises this power. (Congress/national government)
·
The response must describe both the power to tax and the power to spend.
·
The "necessary and proper" or "elastic" clause
·
The response must indicate who exercises this power. (Congress/national government)
·
The response must include the power to pass laws.
·
The commerce clause
·
The response must indicate who exercises this power. (Congress/national government)
·
The response must refer to the regulation of interstate commerce, foreign commerce/trade, or
commerce with Native American tribes.
Part (b): 2 points
One point is earned for identifying a provision of one of the laws, and 1 point is earned for explaining how
the provision increased federal power over the states. If the response does not correctly identify a provision
of one of the laws, it cannot get the second point. If the response only discusses the provision's effect on
individuals or businesses, it will not earn an explanation point.
A score of zero (0) is earned for an attempted answer that earns no points.
A score of dash (-) is earned for a blank or off-task answer.
Question 7
6 points
Part (a): 2 points
One point is earned for defining selective, and 1 point is earned for defining incorporation.
·
The response must define what is meant by selective-the fact that the process has been
piecemeal and not a sudden change
·
The response must define incorporation-the fact that some liberties listed in the Bill of Rights
have been applied to the states using the Fourteenth Amendment/due process clause.
·
The response can earn one point for defining selectiveness without having earned the definition
point for definmg incorporation in terms of the Fourteenth Amendment/due process clause.
Part (b): 4 points
One point is earned for describing each of two appropriate cases, and 1 point is earned for explaining how
each of the specific provisions of the Bill of Rights was incorporated.
·
The response must describe the facts and the right that is incorporated in two relevant cases.
·
The response must also explain how the Supreme Court used the Fourteenth Amendment to
incorporate the specific provision of the Bill of Rights in each of the two cases described
·
A response may earn points without being able to name an appropriate case, as long as the
description and explanation demonstrate that the student knows the relevant aspects of the case
even though the name is not included.
·
Abbreviated case names and informal names are also acceptable (e.g., "Scottsboro Boys" case
instead of Powell v. Alabama; Mapp instead of Mapp v. Ohio)
·
The student does not need to discuss the case that originally incorporated the right, only a case
that demonstrates that the right has been incorporated.
·
The Fourteenth Amendment does not need to be explicitly mentioned in the explanation of the
case(s) if the definition of incorporation demonstrates a complete understanding of the role of the
Fourteenth Amendment in selective incorporation.
A score of zero (0) is earned for an attempted answer that earns no points.
A score of dash (-) is earned for a blank or off-task answer.
Question 8
6 points
Part (a): 3 points
One point is earned for the definition of the proposal, 1 point is earned for the description of the argument
in favor of the proposal, and 1 point is earned for the description of the argument against the proposal. The
response may get description points without the definition point, but the descriptions must reference the
particular proposal.
Part (b): 3 points
One point is earned for the definition of the proposal, 1 point is earned for the description of the argument
in favor of the proposal, and 1 point is earned for the description of the argument against the proposal. The
response may get description points without the definition point, but the descriptions must reference the
particular proposal.
Eliminating soft money
Definition: Prohibiting or regulating campaign contributions to political parties and/or contributions for
party building activities
Acceptable arguments in favor include:
·
Soft money is often used to circumvent limits on hard money.
·
Levels the playing field.
·
Lessens concern about undue influence of "fat cats"/buying of influence.
·
Provides more disclosure and transparency.
·
Decreases overall costs of campaigns.
Acceptable arguments against include:
·
First Amendment.
·
Contrary to ruling in Buckley v. Valeo.
·
Party money is one step removed between contributor and decision-maker.
·
Weakens political parties.
·
Might lessen grassroots participation.
Limiting independent expenditures
Definition: Limiting money spent by individuals and groups not directly affiliated with the candidate or the
party
Acceptable arguments in favor include:
• Can be used to circumvent limits on hard money.
·
Possibly reduces negative issue ads.
·
Candidates want to control their own campaigns.
·
Lessens concern about undue influence of "fat cats"/buying of influence.
Acceptable arguments against include:
·
First Amendment.
·
Contrary to ruling in Buckley v. Valeo.
·
Might lessen grassroots participation.
Raising limits on individual contributions
Definition: Increasing the dollar amount individuals may give to a campaign, parties, or PACs
Acceptable arguments in favor include:
·
Limits are not indexed to inflation.
·
Candidates can spend less time fundraising.
·
Decreases influence of PACs.
·
Decreases restrictions on First Amendment rights.
·
Decreases reliance on less-regulated forms of campaign funds.
Acceptable arguments against include:
·
Allows the rich to have/buy more influence.
·
Too much money in the process already.
·
Drives up the cost of campaigns.
A score of zero (0) is earned for an attempted answer that earns no points.
A score of dash (-) is earned for a blank or off-task answer.
Question 9
6 points
Part (a): 1 point
The response must identify a fundamental goal of interest groups in the political process. Acceptable
responses may include:
·
Influence public policy.
·
Influence Congress/government.
·
Change laws.
·
Responses can list tactics as long as they specifically connect them to the fundamental goal of
influencing public policy.
·
No point is earned if the response lists a series of goals, even if one goal is "influence policy"
(unless it is specifically listed as the fundamental goal).
Part (b): 1 point
The response must identify a fundamental goal of political parties in the political process. Acceptable
responses may include:
·
Elect people to office.
·
Gain control of government. (Responses can earn a point for saying "influence policy" as long as
they connect it to winning control of government/electing people to office.)
Part (c): 2 points
One point is earned for each of two descriptions The response must describe activities that support the
electoral goals of parties; for example, the response "lobbying" does not earn a point.
Acceptable descriptions may include:
·
Monetary contributions/political action committee (PAC) donations. (If these two are clearly
differentiated, then the response earns both points)
·
Organization/mobilization of people.
·
Media campaigns.
·
Information.
·
Independent committees/527s.
·
Independent expenditures.
·
Endorsementlrecruitment of candidates.
Part (d): 2 points
One point is earned for each of two explanations.
Acceptable explanations may include
A score of zero (0) is earned for an attempted answer that earns no points.
A score of dash (-) is earned for a blank or off-task answer.
Question 10
6 points
Part {a}: 2 points
One point is earned for explaining each of two reasons why Congress gives federal agencies policy-making
discretion in executing federal laws.
·
Congress lacks expertise/agencies have expertise.
·
Congress does not want to be blamed for bad policy.
·
Time-consuming.
·
Easier to come to agreement.
·
More efficient.
Part (b): 2 points
One point is earned for correctly identifying the policy area identified with the agency. One point is earned
for providing an example. The response must include a correct, specific example of how the agency
exercises policy-making discretion in order to earn the point.
Agency
The Environmental Protection Agency (EPA) ~
Federal Communications Commission (FCC) ~
Federal Reserve Board
~
Part (c): 2 points
Policy Area
Clean air and water
TV, radio, satellite, telephone, etc.
Monetary policy
One point is earned for each of two descriptions of ways Congress ensures that agencies follow legislative
intent.
Acceptable descriptions may include:
·
Oversight.
·
Budget/appropriations.
·
Hearings.
·
Investigations.
·
Government Accountability Office (GAO).
·
Change law.
·
Legislative veto.
·
Casework.
·
Sunset laws/reauthorization/dissolve agencies/create new agencies.
Note: If one of the above is only mentioned as an example of oversight, the response gets only 1 point.
Question 11
6 points
Part (a): 2 points
One point is earned for each of two reasons discussed.
Acceptable reasons for discussion may include:
·
Compromise at Constitutional Convention (representation of large vs. small population states).
·
Compromise among competing interests/protect minority interests.
·
Slow the process.
·
Different types of representation/federalism.
·
An intrabranch check/prevent majority tyranny.
Part (b): 2 points
One point is earned for a correct identification of a power unique to the House of Representatives, and 1
point is earned for a correct explanation that is linked to the character of the House of Representatives.
Acceptable identifications may include:
·
Initiate revenue bills.
·
Choose the President when the electoral college is deadlocked.
·
Impeachment.
Acceptable explanations may include:
·
Closer to the people.
·
More representative of and responsive to the public/direct election to two-year terms.
Part (c): 2 points
One point is earned for a correct identification of a power unique to the Senate, and 1 point is earned for a
correct explanation that is linked to the character of the Senate.
Acceptable identifications may include:
·
Treaty ratification.
·
Confirmation of judicial and executive appointments.
·
Try impeachments/conviction/removal from office.
Acceptable explanations may include:
·
More maturel"august" body.
·
More insulated from public opinionlindirectly elected (originally)
·
Longer and/or staggered terms.
·
Reflects state interests.
A score of zero (0) is earned for an attempted answer that earns no points.
A score of dash (-) is earned for a blank or off-task answer.
Question 12
5 points
Part (a): 1 point
One point is earned for a description of the winner-take-all feature of the electoral college. A correct
description is: the candidate who gets the most votes (or a majority, a plurality, more than any other
candidate) wins all of a state's electoral votes.
Part (b): 1 point
One point is earned for an explanation of how the winner-take-all feature of the electoral college affects how
presidential candidates from the two major parties run their campaigns. The explanation must include a
specific campaign management or campaign strategy, and it must clearly be tied to the winner-take-all
feature at the state level.
Acceptable explanations include:
·
Resource allocation or focus on competitive states, swing states, and large states
where candidates spend their time or money or buy media.
·
Issues (an issue may swing a bloc of voters in a state).
·
Choice of Vice-President (regional balance).
Part (c): 1 point
One point is earned for an explanation of how or why the winner-take-all system hinders third parties at
the state level.
Acceptable explanations include:
·
Third-party candidates may get a lot of popular votes but no electoral votes unless they carry a
state.
·
The difficulty of winning electoral votes hampers the ability to raise funds and gain other campaign
resources.
Part (d): 2 points
One point is earned for each correct explanation of why the electoral college has not been abolished. The
explanation must be tied to the national perspective.
Acceptable explanations include:
·
Helps to ensure that a majority of electoral votes are earned by one candidate.
·
History/tradition.
·
Would require constitutional amendment.
No clear consensus on an alternative.
·
Collectively benefits large states.
·
Competitive states like it.
·
Favors two-party system.
A score of zero (0) is earned for an attempted answer that receives no points.
A score of dash (-) is earned for a blank or off-task answer.
Question 13
6 points
Part (a): 1 point
One point is earned for correctly identifying the establishment clause as the First Amendment clause upon
which the United States Supreme Court based its decision for either the Engel or Lemon case.
Part (b): 1 point
One point is earned for a correct description of the Supreme Court's decision in the case that was selected
in part (a).
Acceptable explanations of Engel v. Vitale:
·
Must say that the decision struck down state-sponsored prayer in school.
·
MUST mention state-sponsored or state-organized prayer to get credit.
·
MUST indicate that the prayer had some type of official government
backing/sponsorship/sanction.
·
Do not have to specify "public schools" to get credit.
No point is given if the answer states only that the decision "banned prayer in school."
Acceptable explanations of Lemon v. Kurtzman:
·
Must say that the decision struck down state funding for private religious schools.
(More specifically, it struck down state funding to pay parochial teachers to give
instruction in secular subjects.)
·
Will receive credit for statements recognizing that there are certain conditions or
criteria that are used in determining if a government practice does not violate the
establishment clause. Conditions/criteria may include
o
Secular purpose.
o
Neither enhances nor inhibits religion
o
No excessive entanglement between government and religion.
Part (c): 1 point
One point is earned for identifying the free exercise clause as the First Amendment clause upon which the
Supreme Court based its decision for either Reynolds v. United States or Oregon v. Smith.
Part (d): 1 point
One point is earned for describing the Supreme Court's decision in the case that was selected in
part (c).
No point is earned for saying that the "Supreme Court declared polygamy to be unconstitutional."
Polygamy is a personal action that is illegal but not a governmental action that is unconstitutional.
An acceptable explanation of Oregon v, Smith is:
• The decision restricted/banned drug use in religious ceremonies.
No point is earned for saying that the "Supreme Court declared drug use in religious ceremonies to be
unconstitutional." Drug use is a personal action that is illegal but not a governmental action that is
unconstitutional.
Part (e): 2 points
One point is earned for each correct description of ways in which other political institutions might limit
the impact of Supreme Court decisions.
Acceptable descriptions may include:
·
Congressionallstate/locallegislation.
·
Executive branch/state government refusal to enforce a Supreme Court decision;
ignoring a Supreme Court decision.
·
Judicial appointments.
·
Constitutional amendment.
·
Change in appellate jurisdiction.
Other political institutions do not have to be identified by name; for example, "Constitutional amendments
can be passed to overturn Supreme Court decisions" is acceptable.
In part (e), students do not have to confine their answers to freedom of religion. An acceptable answer, for
example, might cite state legislation designed to get around the provisions of Roe v . Wade even though
the latter obviously does not involve freedom of religion.
A score of zero (0) is earned for an attempted answer that earns no points.
A score of dash (-) is earned for a blank or off-task answer.
Question 14
7 points
Part (a): 1 point
One point is earned for a correct description of the primary conflict over the decision to go to war:
the President is commander-in-chief and Congress has power to declare war.
Part (b): 2 points
One point is earned for each correct description of a provision of the War Powers Resolution designed to
limit the President's power over war making.
Acceptable descriptions include:
·
President must notify Congress within 48 hours of sending troops into combat.
·
President must consult with Congress whenever feasible.
·
Conflicts are limited to 60 days unless Congress takes action,
·
Congress can extend time from the initial 60 days or can withdraw troops after 60 days
with adequate notification to the President.
Part (c): 4 points
One point is earned for correctly identifying two other formal powers Congress has over war making
(maximum 2 points). One point is earned for each explanation of the formal powers identified in part (c)
(maximum 2 points).
Acceptable answers include:
·
Passing laws.
·
Appropriations (any mention of "funding").
·
Confirmation of nominees.
·
Impeachment.
·
Treaty ratification.
·
Congressional oversight (hearings or investigations).
To earn a point, the explanation must tell how or why these are formal Congressional powers over war
making.
A score of zero (0) is earned for an attempted answer that earns no points.
A score of dash (-) is earned for a blank or off-task answer.
Question 15
5 points
Part (a): 1 point
One point is earned for defining federalism. A common definition is: a constitutional division of power
between levels (national and state) of government.
Part (b): 2 points
One point is earned for each explanation of how a categorical grant, federal mandate, or selective
incorporation has been used to increase federal power relative to the states.
An acceptable explanation of a categorical grant:
·
A grant designed for a specific purpose.
·
States must spend money in accord with national government's wishes.
An acceptable explanation of a federal mandate:
• A federal government tells states what policies to implement.
An acceptable explanation of selective incorporation:
• Federal courts can overturn state and local practices.
Part (c): 2 points
One point is earned for each explanation (maximum 2 points) of how the Welfare Reform Act of 1996, block
grants, or the Tenth Amendment has been used to increase the power of the states relative to the federal
government.
Acceptable explanations of the Welfare Reform Act of 1996 include:
·
States were given the power and money to run their own welfare program.
·
States were given discretion to determine how to implement the federal goal of
transferring people from welfare to work
Acceptable explanations of block grants include:
·
It is targeted money.
·
Block grants to states have few strings attached, so states can make decisions about
the details of where the money goes.
Acceptable explanations of the Tenth Amendment include:
·
It reserves power to the states and to the people
·
It is being used to argue that power be returned to states.
A score of zero (0) is earned for an attempted answer that receives no points.