Please answer 5 of the following 7 questions, noting which questions you answer on the top of your exam. Each question is worth 20 points. Experience has shown that the best answers tend to be around

PS 22 5: The Study of Law Midterm Examination Please answer 5 of the following 7 questions , noting which questions you answer on the top of your exam . Each question is worth 20 points. Experience has shown that the best answe rs tend to be a round 150 words long, though if you’re particularly concise , this can of course vary. Don’t filibuster. In crafting your answers, your foremost priorities should be to (1) answer all aspects of the question, and (2) demonstrate mastery of the relevant course mater ial. Do not take any knowledge for granted. Nothing is too remedial: if you don’t show us that you know something, we can’t give you points for knowing it. If you have any questions or concerns, don’t hesitate to contact me by email ( [email protected] ) or phone (503 -473 -9189). Please email me answers by 1 PM on Wednesday, May 12 . A. Legal scholars commonly distinguish between primary rules and secondary rules . Define and distinguish the tw o terms. How do the two work together to create and justify law? B. What is the difference between usufruct and ownership conceptions of property? Explain each conception, and contrast the two with reference to Native American and British/ colonial understand ings of land. How did the conflicting conceptions play out in initial interactions between Natives and settlers? C. In The Winning of the West , Theodore Roosevelt provides a teleological justification for American expansion. Briefly summarize his justificati on. What conclusions does his justification lead him to make about war and broken treaties? In answering, be sure to distinguish between teleology and deontology . D. John Adams makes a phil osophically conservative argument or th e American Revolution. Briefly summarize his argument, hi ghlighting the way (s) in which it embodies the philosophical core of conservatism. How does this argument relate to the etymological (or original ) meaning of “revolution ”? E. Since the founding, Federal power over the states has expanded enormously . Explain this expansion with respect to the commerce and genera l welfare clauses of the Constitution, incorporating into your answer brief analyses of the Federal Government’s Constitutional justification for The Civil Rights Act of 1964 and the Supreme Court’s decision in Helvering v. Davis (1937). F. Briefly explain the Supreme Court’s decision in Wickard v. Filburn (1942) . How did the court later apply the precedent set in Wickard to marijuana regulation in Gonzales v. Raich (2005)? G. The 2001 Authorization for Use of Military Force Against Terrorists (2001 AUMF) has been used by the Executive branch to justify much of the United States’ foreign military engagement in the last two decades. Explain (1) the Constitutional and legal reasons why an authorization is necessary for the Executive to have the au thority to use military force in the first place , and (2) how the 2001 AUMF ’s definition of the enemy has led to what some take to be an increase in Executive power.