AP G&P (2) - The judicial branch: advanced

Which of the following is an accurate comparison of the two court cases? Marbury v. Madison (1803) - Shaw v. Reno (1993) A. Gave check and balance power to the Supreme Court - Ruled that North Carolina violated the due process clause of the Fourteenth Amendment B. Declared that states did not have the power to tax the federal government - Prohibited oddly-shaped majority-minority districts C. Decided that the Supreme Court can declare a law unconstitutional - Decided that redistricting plans based on race must be held to a high standard of scrutiny D. Led to an increase in power for the legislative branch - Led to an increase in power for the national government

Comparison C

Which of the following is an accurate comparison of the powers of the judicial branch and the powers of the legislative branch? Judicial powers - Legislative powers A. Interpreting the Constitution - Establishing inferior courts B. Vetoing legislationSetting the budget C. Appointing Supreme Court justices - Confirming Supreme Court nominations D. Ratifying treaties - Negotiating treaties

Comparison A

Which of the following is an accurate comparison of the two court cases? Marbury v. Madison (1803) - Baker v. Carr (1961) A. Declared that Congress had implied powers to carry out their enumerated powers - Established limits to Congress's power under the commerce clause B. Led to more power for the Supreme Court to check the other branches - Led to the "one-person, one-vote" judicial doctrine C. Ruled that national laws were supreme to state laws - Decided that federal courts could intervene and decide redistricting cases D. Decided that the Supreme Court could declare laws unconstitutional - Ended gerrymandering across the United States

Comparison B

Which of the following may the judicial branch do to limit the power of the president?

Declare an executive order unconstitutional

Which statement accurately summarizes the impact of the Marbury v. Madison (1803) decision?

It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president

"That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold their offices by a temporary commission. Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence." - Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following government policies would the author most likely support?

Life terms, pending good behavior, for Supreme Court justices

"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." - Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Supporters of Hamilton's view that acts contrary to the Constitution are invalid could point to which of the following cases?

Marbury v. Madison

"The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act. Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it." - John Marshall, decision in Marbury v. Madison (1803) Which of the following statements is most consistent with Marshall's argument in this passage?

The Constitution is above ordinary laws

Which of the following describes a difficulty the judicial branch faces in the policy implementation process?

The Supreme Court must rely on the other branches of government to enforce its rulings

"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." - Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following statements best summarizes Hamilton's argument?

The Supreme Court should have the power of judicial review

"So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply." - John Marshall, decision in Marbury v. Madison (1803) Which of the following statements best summarizes Marshall's argument?

The Supreme Court should judge whether a law is constitutional

"The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority . . . Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing." - Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following statements best summarizes Hamilton's argument?

The judicial branch is responsible for interpreting the Constitution and judging whether the laws passed by Congress are constitutional