PS 125
Review Questions Part III
Your final will have 10 short answer questions, based cumulatively on the course
material, but at least some of them will be based on the most recent material, reviewed
below. You will also have two essays.
How is the judicial system organized? What is the difference between trial and appellate
courts? Which cases is the Supreme Court more likely to hear? How do judges make
decisions? What is the power of judicial review? Why is Marbury v. Madison important
to any discussion of the power of the court? How can the judiciary check and balance the
other branches of government? What are the checks against the power of the court? Why
does the court have a “legitimacy” problem?
Terms: judicial review, stare decisis, Marbury v. Madison, trial, appellate, and supreme
courts, state vs. federal courts, standing, mootness, writ of Certiorari, precedent
In what ways is the Supreme Court an apolitical (not political) institution? In what ways
is it a political institution? How does Justice Scalia believe that judges should interpret
the Constitution? What are the advantages and disadvantages of this doctrine? How does
Justice Breyer believe that judges should interpret the Constitution? What are the
advantages and disadvantages of the Living Constitution doctrine?
Terms: Brown v. Board of Education, Brown II, Plessy v. Ferguson, living Constitution
What does the Bill of Rights do? Why was it added to the Constitution? Why is the 14th
amendment important to interpretation of the Bill of Rights? Why are the rights of
accused criminals so prominent in the Constitution? What is the exclusionary rule and
what are some of the exceptions to it? What is the Miranda rule and why is it important to
public policy today? To civil liberties generally? What was the decision in Gideon v.
Wainright? How is it important to the law today? What are some of the current debates
over the prohibition against cruel and unusual punishment? What are the exceptions to
the protection for freedom of speech? What is the doctrine of no prior restraint? What
would the President and Vice-President say about whether the press acts responsibly
enough to justify that doctrine? Do you agree?
Terms: selective incorporation, Palko v. Connecticut, Mapp v. Ohio, Miranda v. Arizona,
Gideon v. Wainright, Near v. Minnesota, double jeopardy, slander, libel
What are the two clauses of the first amendment protections for religious freedom? What
types of cases arise under each? What is the Lemon Test? How might that apply to
current controversies over the pledge of allegiance or the teaching of intelligent design in
public schools? What were the circumstances of the case Griswold v. Connecticut? What
is a penumbra? Where in the Bill of Rights does the court find the right to privacy?
Terms: free exercise, establishment clause Griswold v. Connecticut, penumbra
When should the government be able to restrict liberty in the name of protecting the
people? What are some examples of cases where you think this has been done
appropriately? Inappropriately? In the heat of the moment, how should we tell what is
appropriate or inappropriate?
Terms: Alien and Sedition Acts, Sedition Act of 1918, Executive Order 9066, Korematsu
v. United States, NSA Wiretapping
ESSAYS
Your final exam will list three of the following statements, with the following directions:
Evaluate TWO of these statements. Make an argument about whether the statement is, on
balance, true or false, and refer to appropriate readings and lectures as you do so.
Since you have these topics in advance, and the rest of the exam will be similar in length
and scope to what you have already experienced on the midterms, I will be looking for
complete, well-thought out answers to these essay questions. Answers without
appropriate references to relevant readings and class discussions will NOT receive full
credit.
1.
2.
3.
4.
The Supreme Court is the only non-political institution in the federal government.
It is much easier to form large interest groups than small interest groups.
Members of Congress are overly attentive to their constituents’ desires.
Most Americans have a fairly high level of knowledge about government and
politics.
5. According to the Constitution, the presidency is a weak and limited office.
6. The American Constitution is as democratic as any constitution could be.
7. The economic incentives facing journalists, editors, and publishers shape the news
to a much greater degree than their private partisan beliefs.
8. Unelected bureaucrats make important policy choices.
9. The rights in the Bill of Rights can’t be expanded or contracted by the courts.
10. There are easy ways to get rid of red tape in government; they just aren’t used
because of the influence of labor unions and big business.
11. It’s almost impossible to unseat a sitting member of Congress in most US House
districts.
12. Political parties are extremely powerful entities that control the candidates aligned
with them.
13. Tyranny of the majority is not a problem in American society.