Judicial Review Quiz

The "rule of four" is a tradition that sets the number of:

Supreme Court justices needed to bring a case up from the lower courts for consideration.

Which represents a major reason for the submission of amicus curaie brief?

A "friend of the court" wishes to provide additional information to the Court.

Liberal activists would probably support which of the following rulings made by the Supreme Court?

A free speech case where a provision of a congressional act restricting access to obscene sites on the internet was declared unconstitutional.

Acceptance of a writ of cerioriari is based on all the following criteria EXCEPT:

A vote by three Supreme Court justices. (Rule of Four)

All of the following check the United States Supreme Court EXCEPT:

Can be fired by the president.

Which of the following is an accurate comparison of the powers of the judicial branch and the powers of the legislative branch?

Comparison A: Judicial-Interpreting the Constitution, Legislative-Establishing inferior courts.

"It is emphatically the province and duty of the judicial department to say what the law is." Which of the following principles is most accurately reflected in the quote from John Marshall?

Judicial Review

Today judges who practice restraint tend to be ________ while judges who practice activism tend to be ________.

Conservative; liberal

Which of the following qualifications for becoming a federal judge is directly addressed in Article III of the Constituton?

Federal judges have no fixed terms of office.

The federal judiciary is checked in all of the following ways EXCEPT:

Federal judges serve limited terms.

Based on the information in the infographic, which of the following statements accurately describes the effect the Burger Court had on existing precedents?

Ideological changes in the Supreme Court can lead to the Court rejecting existing precedents.

Which chief justice was most influential in establishing the principle of judicial review?

John Marshall

The judicial philosophy that advocates the court's active role in policymaking is called:

Judicial Activism

Which of the following principles does the following statement most clearly reflect? "The Constitution does not vest in this Court the authority to strike down laws becasue they do not meet our standards of desireable social policy, 'wisdom', or 'common sense'.

Judicial Restraint

The process of making judicial decisions is called:

Jurisprudence

Which type of opinions are always rendered with a decision from the Supreme Court?

Majority Opinions only

Judicial review was established in the case:

Marbury v. Madison

In Gonzalez v. Raich (2005), the Supreme Court ruled that the commerce clause gave Congress the authority to ban the use of marijuana, despite conflicting state law. In the Court's majority opinion, Associate Justice John Paul Stevens argued that local use of marijuana affected the supply and demand of the national marijuana market. Which prior Supreme Court case could be cited as a precedent for the majority decis ion in Gonzalez v. Raich (2005)?

McCulloch v. Maryland (1819)

Which of the following best describes the role that political party affliliation plays in a president's selection of federal judges?

Party affiliation has been an important factor in selecting judges as president's generally selected individuals who have similar political beliefs.

Which of the following is teh best description of race and gender diversity as a consideration for a president's selection of federal judges?

Race and gender diversity have played a role in selecting judges, especially in the 20th and 21st century.

Which of the folliwng commitees is responsible for reviewing Supreme Court nominees?

Senate Judiciary

In Latin our word for precedent literally means, "Let the decision stand." The Latin word for precedent is:

Stare Decisis

An important pillar of our court system is the use of legal precedent. Which of the following scenarios provides and example?

The Court bases its decisions on previous court decisions.

Which of the following scenarios provides the best example of the Court practicing judicial review?

The Court ruled the president's application of war powers unconstitutional.

In Federalist 78, Alexander Hamilton wrote, "Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them." What is the main idea of this passage?

The Courts will be the least dangerous branch.

Which of the following best describes the practice of senatorial courtesy?

The Senate will not confirm a nominee who is opposed by either Senator from the nominees state.

Which of the following courts would have original jurisdiction in a case in which one state is suing another state?

The Supreme Court

Which of the following best describes the message of the political cartoon: "Tell me more about your limitless powers"

The Supreme Court has the ability to restrict the powers of the president.

Which of the following best protect judges from popular criticism?

They serve for life.

In United States v. Morrison (2000), the Supreme Court struck down the part of the Violence Against Women Act that made gender-motivated violence a federal crime, as it was not related to the commerce clause. Which prior Supreme Court case could be used as a precedent for the majority decision in United States v. Morrison (2000)?

United States v. Lopez (1995)

Most cases come to the Supreme Court by means of:

Writ of Certiorari