GOVT 2302
Fall 2002
Exam #3
ESSAY QUESTION. Answer the following question in a thorough essay. Organize your essay
around a thesis statement. Include an introduction, separate paragraphs developing your
supporting arguments, and a conclusion. A complete answer is one that addresses all parts of
the question. Write complete sentences and pay attention to spelling, grammar, and word
choice. Do NOT assume that “the instructor will know what you mean.” 40 points.
1. Identify and discuss the constitutional provisions relating to the right of privacy. Explain
the significance of GRISWOLD V CONNECTICUT [1965] in the area of privacy. What are the
“penumbras of the Bill of Rights?”
SHORT ANSWER QUESTIONS. Answer the following questions in a paragraph (a separate
paragraph for each question). Do NOT answer specific parts as separate items. Integrate
your responses into a well-organized, well-constructed paragraph. A complete answer is one
that addresses all parts of the question. Write complete sentences and pay attention to
spelling, grammar, and word choice. Do NOT assume that “the instructor will know what you
mean.” 15 points each/30 points total.
1. Distinguish between the Establishment Clause and the Free Exercise Clause.
2. Identify and discuss three “tests” developed by the USSC with respect to freedom of
speech.
IDENTIFICATION ITEMS. Define and identify the importance of the terms in ten (10) of the
pairs below. These items can generally be answered in two or three sentences. Students
should go beyond simple definitions of the terms or concepts to say why each is important.
Your answer should be written to demonstrate your familiarity with and understanding of both
terms or concepts in each pair. You should explain why the two are juxtaposed. The fact that
two items are paired together does not necessarily imply that they are opposites. The items
may be complementary concepts. 3 points each/30 points total.
[example] Article I, sec. 8:18 vs. 10th Amendment – Article I, sec 8:18 implies that the national government has
powers beyond those that are expressly delegated in the Constitution while the 10th Amendment reserves for the
states any powers not delegated by the Constitution to the national government. These provisions reflect the
competing political philosophies of the Federalists and the Anti-Federalists respectively. Whereas the Constitution
reflects these two competing philosophies, the question of how constitutional powers are divided between the two
levels of government must be resolved by judicial interpretation.
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civil liberties vs. civil rights
selective incorporation vs. 14th Amendment
“umbrella of privacy” vs. penumbras of the Bill of Rights
ROE V WADE PLANNED vs. PARENTHOOD V CASEY
valid secular test vs. Lemon test
accommodationist vs. separationist
communalist vs. libertarian
symbolic speech vs. TEXAS V JOHNSON
fighting words doctrine vs. slander
“hate” speech vs. R.A.V. V ST. PAUL
WISCONSIN V YODER vs. CITY OF BOERNE V FLORES, THE ARCHBISHOP OF SAN ANTONIO
WEST VIRGINIA STATE BOARD OF EDUCATION V BARNETTE vs.
ENGEL V VITALE, SCHOOL DISTRICT OF ABINGTON TOWNHIP V SCHEMPP, MURRAY V CURTLETT