POL/LAW 313 EXAM I (March 11, 2020) –TAKE-HOME EXAM (AN OPEN BOOK EXAM)
DIRECTIONS: ANSWER ANY TWO QUESTIONS IN NO MORE THAN ONE PAGE PER QUESTION. EACH QUESTION COUNTS EQUALLY. There is no restriction on materials which may be used. You may use notes, books, recordings, devices, etc. Answers are judged on the basis of the arguments presented therein–their cogency, accuracy and completeness. Give citations to cases or authority wherever possible.
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Question1: Tell how and why the case we reviewed on disenfranchisement was an improvement or a retrogression (backward movement) for racial minority voting rights in the United States. (Advice: Name the case and discuss the major rationale presented in support of AND in negation of your argument identifying progress or retrogression, but not both.)
Question 2: We have discussed several cases that use/refer to the Fifth Amendment Due Process Clause (A5-DPC). Name two cases which use/refer to A5-DPC and explain how the clause is used in each of the two cases. (In your explanation, be sure to point out the major similarities and differences between the usages of the A5-DPC in your two cases.
Question 3: Define terms: a) “over-inclusiveness”; b) “under-inclusiveness”. ) From among the “statutes (laws) which we have discussed in the course, name any single statute and show how it is (or could be) an example of over-inclusiveness; d) then for any single statute, name and show how it is (or could be) an example of under-inclusiveness. (For this question you may choose to use either the same statute or a different one in Parts c and d of this question, but you MUST NOT use the statutes from Korematsu I or II or the Hirabayashi cases to answer Parts c or d.)
Question 4: Based on the cases/materials discussed in class, define the following terms: a state action doctrine”; b) “public interest doctrine. Then give one case in which you show how the two terms you chose apply in any one case from our materials. (For this question, you must provide only one case which uses both terms; and show each of the terms is illustrated from the case–its facts/laws/theories AND/OR rationale.)
Question 5: We have studied four Native American cases which serve as models(or types) of how Native American peoples/nations are treated in United States history. Pick any two of the possible four models that we have discussed and identify (name) them. Describe the essential features of the two you chose, each one in no more than three sentences–specifying the case we covered in class which best illustrates this type. Then specify (by
giving at least two examples) how each of your two models is or is not still followed today in American Indian–U.S. relations.
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