ap gov unit 2 ap questions

In Worcester v. Georgia (1832), the United States Supreme Court ruled that a Georgia law violated the U.S. Constitution. In response to Chief Justice John Marshall's majority opinion, President Andrew Jackson said, "John Marshall has made his decision, now let him enforce it." Which of the following ideas regarding government does President Jackson's statement exhibit? A Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions. B When the Supreme Court takes an activist approach to decision making, it can influence policy. C Constitutional amendments have granted the Supreme Court greater power to enforce its decisions. D Unpopular Supreme Court Justices can be removed by a two-thirds vote in Congress and a presidential signature.

A Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions.

Which of the following scenarios best illustrates the concept of a case being decided based on precedent? A The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause. B The Supreme Court overturns a lower court decision in a case dealing with voter identification laws. C A state passes a law which contradicts federal law, causing the Supreme Court to rule in favor of the federal government. D The chief justice of the Supreme Court disagrees with the majority of the other justices and decides to declare a law passed by Congress as unconstitutional.

A The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause.

In Baker v. Carr (1962), the Supreme Court ruled that a state legislature would have to redraw their representative districts in order to comply with the Constitution. Which of the following potential difficulties could have resulted from this decision? A The state legislature could have refused to implement the decision, leading to a crisis in the legitimacy of the Supreme Court's authority. B The United States Congress could have requested that funding be cut off from the redistricting program. C The president could have created an executive agreement with the state that overrode the Supreme Court's decision. D A state appellate court could have issued a ruling that overturned the ruling of the United States Supreme Court.

A The state legislature could have refused to implement the decision, leading to a crisis in the legitimacy of the Supreme Court's authority.

Supreme Court justices were given tenure subject to good behavior by the framers of the Constitution in order to ensure that A justices are free from direct political pressures B justices remain accountable to the public C justices are encouraged to make politically popular decisions D cooperation between the judicial and legislative branches is assured E Presidents are encouraged to seek younger nominees for the Supreme Court

A justices are free from direct political pressures

Which of the following sections of the United States Constitution is most related to the case Marbury v. Madison (1803) ? A Article I B Article III C The First Amendment D The Tenth Amendment

B Article III

In The Federalist 78, Alexander Hamilton states, "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning." Which of the following Supreme Court cases is most relevant to this statement? A Baker v. Carr (1962) B Marbury v. Madison (1803) C Shaw v. Reno (1993) D McCulloch v. Maryland (1819)

B Marbury v. Madison (1803)

The majority party in the Senate is concerned that the Supreme Court has made a number of ideologically dangerous and controversial rulings. Which of the following actions would the Senate take in their attempt to limit the Supreme Court's power? A Replace the chief justice of the Supreme Court with someone with whom they agree with ideologically B Pass legislation that would limit the impact of the Supreme Court's recent rulings C Ratify a constitutional amendment limiting the Supreme Court's power D Enforce term limits for justices on the Supreme Court

B Pass legislation that would limit the impact of the Supreme Court's recent rulings

A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that A justices are expected to act like politicians in their decision-making B Presidents seek to place individuals on the Court whose policy views are similar to their own C the Senate will refuse to confirm any nominee to the Court who is not familiar with the political process D appointment to the Supreme Court is a reward for political party loyalty E the Court is expected to defer to the political branches in making its decisions

B Presidents seek to place individuals on the Court whose policy views are similar to their own

The Supreme Court upholds a law passed by Congress as constitutional. The chief justice states in the majority opinion that previous decisions supporting Congress' power to make laws based on the commerce clause of the Constitution were the basis for the decision. Which of the following legal concepts did the chief justice apply in writing the opinion? A Compliance monitoring B Stare decisis C Overlapping jurisdiction D Judicial activism

B Stare decisis

Which of the following best defines the term "judicial activism"? A The demands on judges to hear large numbers of cases B The efforts of judges to lobby Congress for funds C The attempts by judges to influence election outcomes D The unwillingness of judges to remove themselves from cases in which they have a personal interest E The tendency of judges to interpret the Constitution according to their own views

B The efforts of judges to lobby Congress for funds

All of the following serve as checks on the power of the federal courts EXCEPT: A Federal judges can be impeached. B The voters can oust federal judges in national elections. C Congress can pass a law clarifying "legislative intent." D Presidents, governors, and local executives can refrain from enforcing court rulings. E Congress and the state legislatures can amend the Constitution.

B The voters can oust federal judges in national elections.

The doctrine of original intent holds that A Supreme Court justices must emphasize independent and original thinking in considering constitutional matters B the meaning of the Constitution depends on the intention of the framers C cases selected for review by the Supreme Court must address an original and new concern not previously addressed by the Court D Supreme Court justices should avoid bias by documenting their original impressions of a case E the Supreme Court should review all treaties that alter previously established foreign policy

B the meaning of the Constitution depends on the intention of the framers

Which of the following best explains the principle of stare decisis? A It requires that at least four Supreme Court justices agree to hear a case. B It encourages presidents to take judicial experience into account when nominating judges. C It encourages judges to follow precedent when deciding cases. D It reinforces the philosophy of judicial activism. E It increases the number of cases judges are required to hear.

C It encourages judges to follow precedent when deciding cases.

A United States Supreme Court justice has announced his retirement at the end of the current Supreme Court term. What is the most likely presidential action in response to this announcement? A Confer with House leadership to discuss potential nominees B Confer with the chief justice to discuss potential nominees C Nominate a federal judge who shares the president's ideology D Nominate a sitting senator of the majority party

C Nominate a federal judge who shares the president's ideology

Which of the following statements best describes the Supreme Court's actions with respect to disputes between Congress and the President? A The Court has steadily favored the expansion of presidential power at the expense of Congress. B The Court has refused to allow Congress to subpoena officials from the executive branch. C The Court generally has tried to avoid deciding conflicts between Congress and the President. D The Court has supported congressional limits on the President's powers as commander-in-chief. E The Court has supported congressional use of the legislative veto as a means of controlling the President.

C The Court generally has tried to avoid deciding conflicts between Congress and the President.

Which of the following best describes the relationship between the Supreme Court and public opinion? A The Court assesses public opinion on a controversial issue and then tries to follow it. B Court prestige is so high that its decisions become public consensus. C The existence of a public consensus on an issue limits the extent to which the Court will render decisions contrary to that consensus. D Public opinion has no bearing on the effective implementation of the Court's decisions. E There is no relationship between public opinion and the Court's decisions.

C The existence of a public consensus on an issue limits the extent to which the Court will render decisions contrary to that consensus.

In the case Wickard v. Filburn (1942), Roscoe Filburn was penalized for producing 12 acres of wheat above his allotment under the Agricultural Adjustment Act of 1938. The law, justified under Congress' power to regulate interstate commerce, limited the amount of wheat an individual could grow. This regulation would keep prices from dropping and prevent farmers from going bankrupt. Filburn claimed that the excess wheat was for his own use, and challenged that no interstate commerce was involved. The Supreme Court ruled that the commerce clause allowed the government to regulate Filburn's personal wheat production, even though it was only indirectly related to interstate commerce. Which of the following was a likely result of the decision in Wickard v. Filburn that contributed to the Court's later decision in United States v. Lopez (1995) ? A The Supreme Court is not elected, so unpopular decisions such as in the Wickard case cannot be overturned unless Congress acts upon it. B Laws passed by Congress have since undergone judicial review by the Supreme Court to ensure that the commerce clause and other parts of the Constitution are interpreted correctly. C The expansive interpretation of the commerce clause by the Supreme Court which greatly extended the power of Congress drew criticism that eventually led to a more narrow interpretation. D Rather than be regulated by Congress, many citizens and corporations opt instead to find loopholes so that the law does not apply to them.

C The expansive interpretation of the commerce clause by the Supreme Court which greatly extended the power of Congress drew criticism that eventually led to a more narrow interpretation.

The difference between an appellate court and a district court is that an appellate court A conducts trials by jury B has original jurisdiction C reviews previous court decisions D hears civil cases but not criminal cases E does not follow the principle of stare decisis

C reviews previous court decisions

In 1998, Goodyear employee Lilly Ledbetter filed suit against her employer for pay discrimination based on her gender. Though Ledbetter was initially successful, Goodyear appealed the decision and the case went to the Supreme Court. In Ledbetter v. Goodyear Tire and Rubber Co. (2007), the Supreme Court ruled that the Civil Rights Act of 1964 requires that sex discrimination complaints must be made within 180 days "after the alleged unlawful employment practice occurred," which Ledbetter had failed to do. Which of the following actions could be taken to reverse the impact of the decision? A Ledbetter could renew her appeal by seeking additional Supreme Court review. B The president could sign an executive order to alter the Civil Rights Act. C Ledbetter could pursue her case using the same arguments in state courts. D Congress could enact legislation to amend Title VII of the Civil Rights Act.

D Congress could enact legislation to amend Title VII of the Civil Rights Act.

In the case Twining v. New Jersey (1908), the Supreme Court held that the Fifth Amendment's protection against self-incrimination is not applicable to the states. In 1964 the Supreme Court overruled the decision in Malloy v. Hogan (1964) and held that the right was incorporated to the states. This scenario illustrates which of the following? A The Supreme Court oftentimes overrules lower court decisions. B Constitutional amendments can be used to overturn previous Supreme Court decisions. C The executive branch can sometimes evade Supreme Court decisions. D Ideological changes to the Supreme Court can lead to the overturning of precedent.

D Ideological changes to the Supreme Court can lead to the overturning of precedent.

During his confirmation hearing, Chief Justice John Roberts stated that Roe v. Wade (1973) "is the settled law of the land." This statement suggests that in a case that challenges the constitutionality of legislation restricting privacy and reproductive rights, which of the following should be a key factor in the court's ruling? A Briefs submitted by interested parties B Contemporary societal norms C The consensus of the other justices D Reliance on legal precedent

D Reliance on legal precedent

The Supreme Court's decision in Marbury v. Madison (1803) relates to foundational documents in which of the following ways? A The Tenth Amendment to the Constitution reserves powers to the states, and Marbury v. Madison deals with whether the Supreme Court has appellate jurisdiction over state courts. B The Declaration of Independence describes circumstances in which people may demand a redress of grievances, and Marbury v. Madison is about whether courts can resolve these crises. C The Federalist 10 describes how the expanded scope of the national government can alleviate the problems of factions, and Marbury v. Madison uses the national government to negotiate a compromise between two rival factions. D The Federalist 78 is about the power and role of the federal courts, and in Marbury v. Madison, Madison expands that role by giving the courts the power to determine whether laws or executive actions conflict with the Constitution.

D The Federalist 78 is about the power and role of the federal courts, and in Marbury v. Madison, Madison expands that role by giving the courts the power to determine whether laws or executive actions conflict with the Constitution.

Which of the following statements accurately describes the selection of the caseload for the United States Supreme Court? A The United States Constitution spells out all of the categories of cases that the Supreme Court must hear. B The Chief Justice of the Supreme Court has the authority to select the cases that the Court will hear. C The Solicitor General in the Department of Justice determines the Supreme Court's agenda. D The Supreme Court is free to choose the cases it hears with only a few limitations. E The Attorney General screens cases for consideration by the Court.

D The Supreme Court is free to choose the cases it hears with only a few limitations.

Which of the following is true of most federal judges appointed by the president? A They serve ten-year terms. B They serve as long as the appointing president stays in power. C They serve for life on good behavior unless removed by the president. D They serve for life on good behavior unless impeached and convicted by Congress. E They serve for life and are not subject to congressional impeachment.

D They serve for life on good behavior unless impeached and convicted by Congress.

Which of the following actions can Congress take if the Supreme Court finds a federal law unconstitutional? A Appeal the Court's decision to the District of Columbia's Court of Appeals. B Formally request the President to veto the Court's decision. C Remove certain members of the Court and replace them with new members. D Try to amend the Constitution. E Reenact the same law.

D Try to amend the Constitution.

In Worcester v. Georgia (1832), the Supreme Court used the power of judicial review established in Marbury v. Madison (1803) to strike down a Georgia state law that regulated the relationship between citizens of Georgia and members of the Cherokee Nation. President Andrew Jackson opposed the decision and famously challenged the Supreme Court to enforce it. As the Supreme Court was not able to enforce the decision, the other branches of government ignored it. This example illustrates which of the following? A The president can approve or veto decisions made by the Supreme Court. B States have the power to nullify federal laws. C Congress can prevent Supreme Court decisions from being enforced by appropriating money to the Department of Justice. D Unpopular Supreme Court decisions can be avoided or ignored if other branches refuse to cooperate with the outcomes of those decisions.

D Unpopular Supreme Court decisions can be avoided or ignored if other branches refuse to cooperate with the outcomes of those decisions.

In Marburv v. Madison (1803), the Supreme Court assumed the power to A decide whether internal congressional procedures are constitutional B advise Congress on the constitutionality of a proposed law C regulate slavery D decide on the constitutionality of a law or an executive action E approve executive agreements

D decide on the constitutionality of a law or an executive action

The Supreme Court issued a ruling that was unpopular with a majority of Americans. The president and Congress might be able to lessen the impact of the decision by A reducing the pay of the justices to pressure them to reverse their decision B overruling the Supreme Court's decision by a two-thirds vote in Congress C impeaching the justices in the majority D refusing to actively enforce the decision

D refusing to actively enforce the decision

The Supreme Court's power of judicial review permits the Court to overrule all of the following EXCEPT A lower-court decisions B state legislation C acts of Congress D the Bill of Rights E executive orders

D the Bill of Rights

Presidents have had the most success in changing the direction of decisions of the federal judiciary by A threatening to ask Congress to impeach specific judges B using the media to build consensus for the President's position C requesting that Congress reduce the term of office that judges may serve D using the appointment process to select judges with judicial philosophies similar to those of the President E pressuring Congress to pass the appropriate legislation to override judicial opinions

D using the appointment process to select judges with judicial philosophies similar to those of the President

Which of the following United States Supreme Court cases established the principle of judicial review? A McCulloch v. Maryland B Gibbons v. Ogden C Wolf v. Colorado D Roe v. Wade E Marbury v. Madison

E Marbury v. Madison

When a lower court decision is appealed to the Supreme Court, which of the following is most likely to occur? A The Supreme Court will reconsider the case, and overturn the lower court decision. B The Supreme Court will reprimand the lower court judge for improperly deciding the case. C The plaintiffs or defendents will file motions for a change of venue. D The case will be retried at the lower court level. E The Supreme Court will not hear the appeal.

E The Supreme Court will not hear the appeal.