Please don’t use use outside material and no sourcing from other references. Please use only the book. Further instructions provided in the doc. Ple

Name: _____________________________

Instructions : This is a take-home, open notes. You can use your lecture notes, the textbook, and any other course material that has been uploaded on Canvas for the class. This includes all Zoom lecture videos, Powerpoint slides uploaded on Canvas, the Midterm 2 Review Sheet, the textbook, and notes that you have taken in the course.You cannot use outside material, including websites on the internet other than the class Canvas website.

The exam is a Microsoft Word document. Please write your answers directly on the document for every question after it says “Answer Here:” (don’t forget to regularly save the document as you work on it so your work doesn’t get accidentally deleted). Then, when you are done, save the document as a PDF or Word file. You can save a Word document as a PDF by clicking File-Save As, and selecting “PDF” under the File Format tab.

When you are done, to upload the exam onto Canvas, follow these steps:

1. Click the “Assignments” tab on Canvas

2. Click “Midterm 2”

3. Under the “Attach Files” heading, click “Browse My Computer”

4. Select the PDF or Word file that you would like to submit as your Midterm Exam

5. Click Submit

Part I: ID’s ( Answer 3 ID Questions only , 5 points each, 15 points total)

Instructions: Identify AND Explain the significance of 3 of the following 5 terms, concepts, or cases. The “identification” should take the form of a definition and/or explanation of the term, concept, or case. The “significance” can take the form of its significance to American government, an example, or an application to current events.

Word Limit: 100 words max (about 3-5 sentences max) for Each of the 3 ID Questions chosen

1. Wickard v. Filburn

Answer Here:

2. The Tenth Amendment

Answer Here:

3. Voting Rights Act of 1965

Answer Here:

4. The Brandenburg Test

Answer Here:

5. Miranda v. Arizona

Answer Here:

Part II: Short Answer Questions – Civil Liberties / Civil Rights (20 points total)

Word Limit: 500-600 words max total for both short answer questions (about 1 page max single spaced)

Instructions: Answer the following multi-part short answer questions. Write your answer in complete sentences (no bullet points or charts/graphs). You will be graded on your ability to answer the questions asked and on the quality of your answers. Please define any terms that you use and provide analysis for your answers. No need for an introduction or conclusion; just answer the questions.

Answer Both Questions 1 and 2

Tom Davis (“Davis”) decides to move to Paradise, a small city in California, to retire. He wants to open the unconventional Church of Cleansed Spirits. As part of his religious beliefs, Davis believes that church members must burn any “toxic materials” in their lives to be cleansed of the negative spirits. Church members plan to gather once a week around a large bonfire ceremony and burn anything which they consider “toxic.” Some of the material that they burn causes pollution, harming the environment, and could easily result in wildfires.

Upon hearing of Davis’s plans to move to California and open his church, the California State legislature passes a law stating that it is illegal for any individual or group, whether religious or not, to start a bonfire for any reason. The California legislature cited the recent wildfires in the State of California and the pollution from bonfires as the reasons for the law. After hearing about the new law, Davis is furious and believes that this law violates his civil liberties.

1. What are Davis’s strongest arguments that the city of Paradise violated his civil liberties?

What are the State of California’s strongest arguments that it did not violate Davis’s civil

liberties? Provide analysis for your answers.

Answer Here:

2. Davis also argues that the State of California is violating his civil rights by discriminating

against him on the basis of his religion, treating his religious group differently than other

religious groups. He claims that other religious groups have been allowed to hold bonfires in

the state and they are being targeted because they are a smaller and less well-known religious

group. Furthermore, he claims that if California was so concerned about pollution or

uncontrolled wildfires, it could either: 1) hire more firefighters and forest rangers to supervise

the bonfire ceremonies to limit the danger of wildfires; or 2) hold hearings to determine which

materials that Davis plans to burn is causing pollution and just restrict the burning of those

toxic materials, which Davis is fine with as long as he can continue the bonfires overall.

However, the State of California responds that it does not have the money, time, or resources

to hire more firefights and rangers or to hold hearings due to budget limitations. If Davis sues

the State of California in federal court for violating his civil rights, how will a judge

analyze this case and rule on it?

Answer Here:

1

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