я тут шустренько))) не могла не похвастаться:

на втором экзамене по спанишу получила 99/100 (и это при том, что в течение семестра учебник практически не открываю, само вспоминается). Ну про контрольные, по которым каждую неделю стабильно 10/10, а по классу среднее 7-8 я уже молчу.

а на страааашнющем эссе экзамене по Американскому правительству - только 1 ошибка (даже не ошибка как таковая, не указала одну весчь просто) и получила 190/200 (при том, что средний балл пo группе из 30 человек сейчас в районе 140/200)

кому не страшно - многабукаф, мой экзамен (аха, который я писала ночью 20 на 21, начав ещё в день рождения)

читать дальшеMaria Makhatadze
Professor Schmidt
POS 2041
20 July 2008
Essay Exam # 1

I. According to our text, in what ways are American ideals limited or even mythic? Give at least two examples and discuss. Make sure that your examples are given from a modern point of view (that is, if you mention a historical event, explain how it has an impact in the modern, American world).
The United States of America were created by separation and declaring independence from The UK in 1776 with certain guideline ideals, or core values, in mind (Patterson 8) . The ideals of liberty1, equality2, and self-government3 have shaped the US history throughout the years and impacted the views and attitudes of Americans on life, their place in it, and interactions with each other and other countries as well.
The ideals, however, no matter how great, noble, and incredible, have their limitations. The synonyms for “ideal” include excellence, perfection, etc. But this world is not perfect. Actually, this world is considerably far from perfect. And any ideal, no matter how good it looks or sounds in theory, can only exist in perfect conditions which we never have. This means that an ideal is just a generalized guideline which can never truly be implemented in life, but at least gives the idea in which direction to stir.
American ideals are considered mythic by some as well. “Myths contain elements of truth, but they are not the full truth” (Patterson 13) . Ideals do not give a guarantee that people will necessarily follow them, and American history provides quite a number of examples on the topic.
One of the most significant historical facts at odds with the ideals is the issue of slavery. Even though the US was based on the ideal of equality, it somehow did not pertain to all people, well, equally. The slavery was not officially abolished until 1865, almost a century after establishing America. And even afterwards, decades passed with the prevailing attitudes of hostility and segregation, with doctrines like “Separate but Equal”4 enacted that seemed fine de juri but were inherently wrong de facto, continuing the unequal treatment of African-Americans (Volkomer 305) . Of course, in this day and age the situation has become much better, but it is a stain on the history that must not be forgotten.
Another important example of ideals not always corresponding to reality has to do with understanding of Liberty. Recent years have really brought on a tough choice that has not arisen before: the choice between liberty and safety, especially, after the 9/11 attacks. Before, liberty was above and beyond everything. These days, sadly, there are always bargains that have to be made (CAIR) .
The ideals are still out there, but the changing circumstances may and do affect them

II. According to our text, what is the meaning of judicial review? Name and discuss the (historical) Supreme Court decision responsible for judicial review. Find and discuss a recent national example of this important constitutional practice (this must be a Supreme Court case). Examples must be no more than 10 years old. Do not use the Schiavo case for this answer.
Patterson defines judicial review as “the power of courts to decide whether a governmental institution has acted within its constitutional powers and, if not, to declare its action null and void” (53) . In a nutshell, judicial review can nullify legislative decision and/or overturn a court precedent on the basis of it being unconstitutional.
One of the very significant US Supreme courts cases with judicial review in action was Brown v. Board of Education of Topeka, where the Supreme Court overturned the precedent ruling separate schools for white and non-white students unconstitutional (Miller and Urisko 164) . The case brought a tremendous change in the US laws and “moved” the ideal of equality somewhat closer to reality.
An example of a relatively modern case triggering judicial review is Stenberg v. Carhart, decided in 2000. In this case, the US Supreme Court invalidated the statute §28.328 of the Nevada state, prohibiting partial abortions even if a danger to mother’s health existed. The Court followed the precedent of Roe v. Wade that set standards of women having a constitutional right to an abortion given certain circumstances, and decided that Nevada’s interpretation of the law was unduly burdening to the right to choose abortion and thus, unconstitutional (Cornell University) .
Judicial review serves as an important check and balance on the legislature, and in some cases, on the judicial branch itself.

III. Compare and contrast the political and structural patterns found in federal, confederate, and unitary forms of government. In your opinion, which form of government is preferable and why? For the last part of this question, you must show that you considered each of the structures and that you are thinking from a global, not just American, perspective.
Historically, different types of governmental systems were created in order to suit the needs of different societies. The three main forms of government are federalism, confederacy, and unitary system (Patterson 69).
The unitary system is probably the easiest one. The central government has the ultimate authority, and there is generally no division into regions or administrative units. The national government can create or abolish other levels of government and give them or take away as much power as it deems necessary. It better suits smaller countries that are easier to control, e.g., France (Volkomer 43) .
Confederations are relatively rare. There is a division into independent units such as states, and the central government technically has the authority to make laws, however it can only regulate the states, and not the people. In general, the central government has as much power as the lower units give it. An example of confederation is Switzerland (Volkomer 43) .
In federal system, there’s again a division into independent units, but this time they share sovereign powers with the national government (Miller and Urisko 153) . The US is an example of a federation. In some areas the powers exclusively belong to either level of government, and in some areas they may overlap.
It is really hard to say which type of government is preferable. As I have already mentioned, the variation arose from different cultural background and different circumstances, therefore it is not a “one size fits all” but rather a “case-by-case” thing.

IV. What is meant by “procedural due process?” What rights are guaranteed by it? Name and discuss the major constitutional provisions that deal with procedural due process as discussed in the text. Be sure to include the relevant Supreme Court decisions that are mentioned in the text.
Procedural due process is a system of individuals’ rights protection, and it refers to “[T]he constitutional requirement that government must follow proper legal procedures before a person can be legitimately punished for an alleged offence” (Patterson 115) . This is one of the most important constitutional concepts, and it is incorporated in almost half of the Ten Amendments that make up The Bill of Rights.
The most known guaranteed rights and protections include but are not limited to freedom from unlawful search and seizure (Amendment IV), the protection against self-incrimination and double jeopardy (Amendment V), the right to counsel and speedy trial (Amendment VI), and the protection against excessive bail and cruel and unusual punishment (Amendment VIII).
The landmark cases that upheld one or the other constitutional provisions are Mapp v. Ohio in 1961 (the ruling against unlawful search and seizure and dismissal of illegally obtained evidence); Malloy v. Hogan in 1964 (self-incrimination) and Benton v. Maryland in 1969 (double jeopardy); Gideon v. Wainwright in 1963 (right of any person accused of crime to counsel and professional representation); Robinson v. California in 1962 (cruel and unusual punishment) (Patterson 115).
The term due process of the law in general refers to a set of “fair, reasonable, and standard procedures” that a government must use in any legal act against a citizen ( Miller and Urisko 594) . The due process clause has become especially important in the last fifty years to protect liberty of people from any levels of government unlawfully infringing (Volkomer 49) .


V. What is the roll that political polling plays in modern politics? Discuss the features of a public opinion poll. What makes a good poll? What makes a bad poll?
Polling is a statistical tool that lets draw inferences about a large population from a small sample. Public opinion polling, therefore, helps estimate the views of public i.e. community i.e. population on a particular issue (Patterson 169) .
While conducting public opinion polls, it is necessary to avoid some common mistakes and follow certain guidelines. A poll must be representative and random. It means that all layers of society must not just be represented but also have an equal chance of getting polled. The sample size should be big enough to reduce sampling errors and avoid making conclusions that do not represent reality. The poll must be free of bias and the wording of questions should be simple, understandable, and not pressurizing a person to take a certain side (Volkomer 76) .
There is an interesting trend: the relationship between policy and public opinion is two-sided. On one hand we all know people are different and they have different opinions, so finding an average public opinion on an issue is absurd like measuring the average temperature of all patients in a hospital. However, if done correctly, polls may still reveal a lot about population, or at least layers of it that may be of interest. And what turns out, policy does change under the weight of the public opinion, and vice versa, public opinions do change as a result f new policies (Patterson 184) .
One of the most popular and trustworthy polls in the US has long been Gallup poll (Patterson 172) . George Gallup created an organization collecting data and making predictions about virtually any aspect of our lives. One of the most recent polls tells us that 78% of Americans hold negative views on the country’s economy (Gallup Poll) .


Notes
1 Liberty – the idea that people are free to think an act in any ways they wish as long as it does not infringe on any other person’s rights to do same (Patterson 9) .
2 Equality – the idea that all people are born equal in moral worth and in front of the law (Patterson 10) .
3 Self-government – the belief that people are the source and beneficiary of the government, so they should and do have an impact on how it “governs”. According to Lincoln, it’s the idea of a government “of the people, by the people, for the people” (qtd. in Patterson) .
4 Separate-but-equal – the doctrine introduced by the landmark Plessy v. Ferguson case where it was determined that as long as the facilities for black and white people were equal, no discrimination took place even though the facilities were separate (Volkomer 305) .



Works Cited
Cornell University Law School. Supreme Court Collection. Stenberg v. Carhart. 2000. 19 July, 2008. < http://www.law.cornell.edu/supct/html/99-830.ZS.html> .
Gallup Poll official website at < http://www.gallup.com/> .
Merriner, James L. “Safety vs. Liberty: How Far Should We Go?” Council on American-Islamic Relations 20 November 2005. 19 July 2008. .
Miller, Rodger L., and Mary M. Urisko. West’s Paralegal Today: The Legal Team at Work. 4th ed. Clifton Park, NY: West Legal Studies, 2007
Patterson, Thomas E. The American Democracy. 8th ed. New York: McGraw-Hill, 2008.
Volkomer Walter E. American Government. 11th ed. Upper Saddle River, NJ: Pearson Prentice Hall, 2007.