gov midterm

When deciding Marbury v. Madison (1803), which of the following excerpts from The Federalist No. 51 could best be used to help Chief Justice John Marshall write the argument in favor of judicial review?

"But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others."

Which of the following clauses of the Constitution could the Supreme Court have used when deciding the case Marbury v. Madison (1803) ?

"The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made." `

All of the following statements pertaining to the presidential veto are true EXCEPT:

A President may veto part of a bill.

On June 27, 1989, President George H.W. Bush called for the Flag Desecration Amendment, which would prohibit desecration of the American flag. Bush's comments were in response to the United States Supreme Court's 5—4 decision in Texas v. Johnson, which held that a state law banning desecration of the flag was in violation of the First Amendment. Which of the following explains why the president asked for a constitutional amendment to be passed?

A constitutional amendment would force the Supreme Court to accept the constitutionality of the anti-flag burning laws in subsequent cases.

Which of the following scenarios exemplifies the principle of stare decisis?

A majority opinion of the United States Supreme Court dealing with school segregation states that the decision follows the precedent established in Brown v. Board of Education of Topeka (1954).

Which of the following is the best example of a president using the bully pulpit?

A president making a televised speech to gain public support for a policy initiative

A first term member of the House of Representatives from North Dakota who wished to maximize opportunities for constituent service would be most likely to seek placement on which of the following committees?

Agriculture

In 1973, the United States Supreme Court handed down the controversial Roe v. Wade decision striking down state laws banning abortion. In response, many pro-life groups have organized to have the decision overturned. Which of the following represents an action that these groups are most likely to take to achieve their goal?

Become more actively involved in presidential campaigns so that presidential candidates will pledge to appoint justices who favor overturning Roe v. Wade.

On January 30, 2017, President Donald Trump signed an executive order requiring that for each new regulation added, at least two existing regulations be eliminated. Which combination of government actors has the power to fulfill President Trump's executive order?

Bureaucratic departments and agencies

Which of the following explains an action Congress can take that would have the most influence on the data on the graphs?

Congress can pass legislation that changes the federal salary structure.

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?

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

Which of the following is a likely response by another branch of government to a controversial decision such as Engel v. Vitale (1962) which declared that school-sponsored prayer was a violation of the First Amendment?

Congress could strip the Supreme Court of appellate jurisdiction on cases dealing with prayer in school.

Which of the following scenarios best illustrates delegated discretionary authority?

Congress giving the Environmental Protection Agency the power to establish national pollution standards

Which of the following best describes the holding in Baker v. Carr (1962) ?

Congressional redistricting is subject to judicial review.

Congress is most likely to exert oversight of the executive bureaucracy in which of the following ways?

Controlling an executive agency's annual budget

In the case Brown v. Board of Education of Topeka (1954), the Supreme Court ruled that school segregation was unconstitutional. Following the ruling, schools were ordered to desegregate, but at a high school in Little Rock, Arkansas, the governor ordered the state's National Guard to prevent African American students from entering the school. Only when President Eisenhower placed the National Guard under federal control and ordered troops to protect the students were they permitted to enter. This scenario illustrates which of the following?

Controversial decisions by the court are often challenged and action is sometimes required to ensure enforcement by other branches of government.

Which of the following best reflects the holding in the case Baker v. Carr (1962) ?

Created a one-person, one-vote standard for reviewing congressional districts.

The mission of the Department of Transportation is to ensure the safety and efficiency of the transportation system. The Department of Transportation has accepted public comments regarding the safety of automated vehicles in the United States in order to establish standards and guidelines for this new technology. Which of the following concepts is most related to the scenario?

Delegated discretionary authority

The largest portion of "uncontrollable spending" in the federal budget is designated for which of the following?

Entitlement spending

If Congress wanted to effect a change in the Social Security payroll tax, to what congressional committee would the task initially be assigned?

House Ways and Means Committee

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?

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

Generally, when is a president more likely to get congressional approval of proposed policies?

In foreign affairs rather than in domestic affairs

Which of the following explains the role of interest groups in the iron triangle diagram?

Interest groups work with Congress and the bureaucracy to determine how best to regulate an industry.

The president cannot veto which of the following?

Joint resolutions that propose constitutional amendments

During a television interview on July 1, 2018, Senator Lindsey Graham stated that "one of the concepts that really means a lot in America is stare decisis. That means you don't overturn precedent unless there's a good reason." About which ongoing debate was Senator Graham sharing his position?

Judicial activism versus judicial restraint

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?

Marbury v. Madison (1803)

Which of the following cases was most likely to derive the basis of its decision from the argument presented in The Federalist No. 78 that states: "that, accordingly, whenever a particular statute [contradicts] the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former"?

Marbury v. Madison (1803)

In a press briefing, the White House press secretary issues a statement criticizing members of Congress who refuse to act on the president's judicial nominees to the federal courts. This scenario best illustrates which of the following?

Members of the White House staff are strategically used to help the president pass an agenda.

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?

Nominate a federal judge who shares the president's ideology

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?

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

Which of the following is the best example of a president using technology to communicate and obtain public support for a public policy agenda?

President John F. Kennedy outlining Cold War challenges and urging Americans to civic action in his inaugural address

A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that

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

Which of the following was the ruling in Shaw v. Reno (1993) ?

Racial gerrymandering violates the Fourteenth Amendment.

Which of the following correctly describes the facts in Shaw v. Reno (1993) ?

Redistricting in order to confine minority voters to a majority in one district was challenged under the Fourteenth Amendment.

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?

Reliance on legal precedent

On July 31, 2018, the United States Department of Education announced in the Federal Register its intention to establish a committee focusing on the implementation of federal programs. Which is the likely product of this committee's work?

Rule-making

Senate confirmation is required for which of the following presidential appointments?

Secretary of state, Director of the Federal Bureau of Investigation (FBI), attorney general

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?

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

In the case Randall v. Sorrell (2006), Supreme Court Justice Stephen Breyer argued that following judicial precedent "avoids the instability and unfairness that accompany disruption of settled legal expectations. For this reason, the rule of law demands that adhering to our prior case law be the norm. Departure from precedent is exceptional and requires special justification." Justice Breyer is referring to which of the following legal principles?

Stare decisis

On September 23, 1957, President Dwight Eisenhower signed a proclamation mandating the use of Arkansas National Guard members and federal armed forces to enforce the United States Supreme Court's decision in Brown v. Board of Education (1954) in Little Rock, Arkansas. Which limitation on judicial power is demonstrated in this scenario?

State and local government can refuse to enforce Supreme Court decisions.

Which of the following scenarios best illustrates the process of bureaucratic rule making?

The Department of Veterans Affairs rewrites its regulations regarding compensation and pensions into plain language that is easier for beneficiaries to understand.

Cabinet departments differ from independent regulatory agencies in which of the following ways?

The President can dismiss cabinet officers, but not commissioners of independent regulatory agencies.

Of the following, which is the most powerful figure in Congress?

The Speaker of the House

Title IX of the Education Amendments of 1972 was a law passed by Congress prohibiting discrimination based on sex. Which of the following describes how the policy is being implemented?

The bureaucracy will create rules for enforcement and will have the discretion to implement those rules.

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) ?

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.

Which of the following is an example of how the innovation of social media can influence presidential behavior?

The president announces the nomination of a cabinet secretary on the Internet.

All of the following serve as checks on the power of the federal courts EXCEPT:

The voters can oust federal judges in national elections.

In its 2003 decision, McConnell v. Federal Election Commission (2003), the Supreme Court upheld the Bipartisan Campaign Reform Act's (BCRA) restriction on independent campaign spending by corporations and unions. However, in a 5-4 decision in the case Citizens United v. Federal Election Commission (2010), the Supreme Court overturned this decision when it ruled that the government cannot ban independent political spending by a corporation or union because it is protected by the First Amendment. Which of the following is the most likely explanation for the Supreme Court's deciding to overturn the precedent it established just 7 years earlier?

There were ideological changes in the composition of the members of the Supreme Court due to presidential appointments.

Which of the following best explains the concept of the iron triangle, as illustrated in the diagram?

To show how interest groups, Congress, and the bureaucracy interact in a public policy area

In which of the following scenarios would a presidential veto most likely be upheld?

Two-thirds of the representatives and senators are members of the same party as the President.

President Theodore Roosevelt took his case directly to the American people to gain public support for his progressive reform initiatives by appearing in a movie newsreel. This type of presidential communication is an example of which of the following?

Using the bully pulpit

The Senate must confirm all of the following presidential appointments EXCEPT

White House staff

In The Federalist 70, Alexander Hamilton states that "energy in the executive is a leading character in the definition of good government." In this statement, Hamilton is arguing in favor of the need for

a single executive who can respond quickly to crises

Rules and regulations created by an agency such as the Federal Communications Commission are called

administrative law

The primary function of the White House staff is to

advise the president

Debate of a bill in the House of Representatives under a "closed rule" means that

amendments to the bill cannot be offered

The United States Constitution says that Congress has the power to coin money.

an enumerated power

The War Powers Resolution (1973) was designed to

assure congressional involvement in decisions committing military forces in hostile situations overseas

On February 13, 2016, following the death of Supreme Court Justice Antonin Scalia, Senate Majority Leader Mitch McConnell issued a statement that the Supreme Court vacancy should be left to the next president of the United States, who would be elected that November. Nonetheless, President Obama nominated circuit judge Merrick Garland to fill the vacancy. The Senate judiciary committee never held a hearing nor was a vote scheduled on the nomination. The scenario demonstrates that

because federal judges are lifetime appointments, Senate confirmation can oftentimes be challenging

The president's role as chief diplomat is derived from

delegated powers

Congress has the constitutional power to control the judicial branch by

determining the size of the Supreme Court

Congressional oversight refers to the power of Congress to

exercise some control over executive agencies

To influence policy making by the federal courts, the president may do all of the following EXCEPT

fire and replace federal judges

Establishing the boundaries of United States congressional districts to give one party an advantage over another party is referred to as

gerrymandering

"Pork barrel" legislation helps the reelection chances of a member of Congress because such legislation

helps earn the member of Congress a reputation for service to his or her district

Which of the following is an accurate comparison of the United States House of Representatives and the United States Senate?

house- Debate on bills is limited senate- Debate on bills can be unlimited

Which of the following is the correct pairing of procedures or rules of each house of the legislative branch?

house- Has a Rules Committee that decides how long debate will be on most bills. senate- Has use of the filibuster and cloture, which can help the minority to defeat a bill.

The House and the Senate have some different constitutional responsibilities. Which of the following pairs correctly matches House and Senate constitutional responsibilities?

house- initiates revenue bills. senate- ratifies treaties

Which of the following is an accurate pair of descriptions of the two chambers of Congress?

house- serves two year terms senate- serves 6

One key interaction that Congress has with the bureaucracy as part of the iron triangle is to

increase the budget and authority of the bureaucracy to regulate industry

The National Aeronautics and Space Administration (NASA) and the Environmental Protection Agency (EPA) are examples of

independent agencies

A difference between the House of Representatives and the Senate is that in the House

legislative activity on the floor is more constrained by rules

The role Congress plays in ensuring that executive branch agencies are carrying out their legislated responsibilities is known as

legislative oversight

A President may persuade recalcitrant members of Congress to vote for a particular bill by

making a direct appeal to the public through mass media

The power of the Rules Committee in the House of Representatives rests on its authority to

place a bill on the legislative calendar, limit time for debate and determine the type of amendments allowed

All of the following are formal or informal sources of presidential power EXCEPT

presidential authority to raise revenue

The primary purpose of the North American Free Trade Agreement is to

reduce trade barriers between the United States, Mexico, and Canada

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

refusing to actively enforce the decision

In general, independent regulatory commissions are created primarily for the purpose of

regulating certain industries to protect the public interest

A member of the House of Representatives who wishes to be influential in the House itself would most likely seek a place on which of the following committees?

rules

When independent regulatory agencies make rules, enforce those rules, and adjudicate disputes arising under those rules, they risk violating the constitutional concept of

separation of powers

In the United States judicial system, when a judge decides a case based on decisions rendered in similar cases in the past, the judge is following the principle of

stare decisis

Fiscal policies refer to the government's power to

tax and spend

The committee system is more important in the House than in the Senate because

the House is so large that more work can be accomplished in committees than on the floor

Prior to his confirmation, Democrats on the Senate Committee on Health, Education, Labor and Pensions questioned President Trump's Secretary of Health and Human Services Tom Price about the ethics of some of his investments. He was eventually confirmed with support of Republicans in the Senate. This check on presidential power illustrates that

the process of confirming members of the president's Cabinet can lead to conflict with members of the Senate

The voting patterns of members of Congress correlate most strongly with

their political party affiliation