AP Gov Courts

Those who believe that the Supreme Court in its rulings should defer to the elective institutions of government are advocating "Social Darwinism" A "judicial activism" B "judicial restraint" C "incorporation" D "nullification"

"judicial restraint"

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

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

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

Article III

Which of the following statements best explains the diagram? The United States District Court is the starting place for all cases going to the United States Supreme Court. A State supreme courts have the final say in all cases arising in the states. B Cases arising at both the state and federal level may be appealed to the United States Supreme Court. C The number of federal courts is greater than the number of state courts.

Cases arising at both the state and federal level may be appealed to the United States Supreme Court.

Which of the following is a primary function of the Senate Judiciary Committee? Conducting oversight hearings on the Supreme Court budget A Conducting investigations into allegedly subversive activities B Conducting hearings on judicial appointments made by the president C Conducting investigations into wrongdoing by the executive branch D Initiating appointments to the Supreme Court

Conducting hearings on judicial appointments made by the president

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? Replace the chief justice of the Supreme Court with someone with whom they agree with ideologically A Pass legislation that would limit the impact of the Supreme Court's recent rulings B Ratify a constitutional amendment limiting the Supreme Court's power C Enforce term limits for justices on the Supreme Court

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

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

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? Briefs submitted by interested parties A Contemporary societal norms B The consensus of the other justices C Reliance on legal precedent

Reliance on legal precedent

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. A When the Supreme Court takes an activist approach to decision making, it can influence policy. B Constitutional amendments have granted the Supreme Court greater power to enforce its decisions. C Unpopular Supreme Court Justices can be removed by a two-thirds vote in Congress and a presidential signature.

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

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

decide on the constitutionality of a law or an executive action

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? Compliance monitoring A Stare decisis B Overlapping jurisdiction C Judicial activism

Stare decisis

Which of the following did the Supreme Court establish in Marbury v. Madison ? The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution. A Each state has the right to set up and run its own court system. B All the powers that are not explicitly given by the Constitution to Congress belong to the states. C Any president who commits treason, bribery, or other high crimes and misdemeanors can be impeached. D The Constitution can only be amended by a two-thirds vote of the members of the House of Representatives.

The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution.

Which of the following describes the origin of the United States court system presented in the diagram? Article II of the Constitution established the three-tiered court system and the jurisdiction of each court in each tier. A McCulloch v. Maryland (1819) allowed the Supreme Court to establish other federal courts. B Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress. C Marbury v. Madison (1803) allowed Congress to create other federal courts.

Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress.

The number of justices on the United States Supreme Court is set by national convention A Congress B the president C the United States Constitution D the American Bar Association

Congress

Which of the following is empowered to create new federal courts and specify the number of judges who will sit on them? The Supreme Court A Congress B The President C The Department of Justice D The attorney general

Congress

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? The Supreme Court oftentimes overrules lower court decisions. A Constitutional amendments can be used to overturn previous Supreme Court decisions. B The executive branch can sometimes evade Supreme Court decisions. C Ideological changes to the Supreme Court can lead to the overturning of precedent.

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

Which of the following is a way Congress can influence the federal judiciary? It can prohibit judicial activism. A It can filibuster decisions made by courts. B It can change appellate jurisdiction of federal courts. C It can review federal judges for reappointment every ten years. D It can exercise oversight authority over rulings of individual justices.

It can change appellate jurisdiction of federal courts.

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

It encourages judges to follow precedent when deciding cases.

The doctrine of stare decisis is significant for which of the following reasons? It establishes the jurisdiction of federal courts in litigation involving two or more states. A It is the principle that affirms that courts are bound by prior decisions. B It is the policy by which the Supreme Court decides which of the appellate cases it will hear. C It directs states to provide a lawyer for people who cannot pay for their own legal defense. D It holds high courts responsible for determining the constitutionality of proposed legislation before it becomes law.

It is the principle that affirms that courts are bound by prior decisions

In The Federalist 78, Alexander Hamilton argued that the federal judiciary "is beyond comparison the weakest of the three departments of power." Which of the following statements represents a reason he gave for this argument? It has the power of the sword and the power of judgment but lacks the power of the purse. A Each branch must be given the ability to defend its power and check the others. B The federal government is further from the people and thus less accountable. C It must depend on the executive for enforcement of its decisions.

It must depend on the executive for enforcement of its decisions.

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? Confer with House leadership to discuss potential nominees A Confer with the chief justice to discuss potential nominees B Nominate a federal judge who shares the president's ideology C Nominate a sitting senator of the majority party

Nominate a federal judge who shares the president's ideology

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

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

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

The Supreme Court will not hear the appeal.

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

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

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? Ledbetter could renew her appeal by seeking additional Supreme Court review. A The president could sign an executive order to alter the Civil Rights Act. B Ledbetter could pursue her case using the same arguments in state courts. C Congress could enact legislation to amend Title VII of the Civil Rights Act.

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

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

Marbury v. Madison

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? Baker v. Carr (1962) A Marbury v. Madison (1803) B Shaw v. Reno (1993) C McCulloch v. Maryland (1819)

Marbury v. Madison (1803)

Congress passes a law requiring that all public accommodations provide access for people with disabilities. The United States Supreme Court rules that the law does not apply to the airline industry. Which of the following is the best way for Congress to provide people with disabilities access to the airline industry in light of the Court's ruling? Appeal the ruling to the United States Court of Appeals A Override the court with a two-thirds majority in both chambers B Pass a new law that specifies that the airlines must provide access for people with disabilities C Remove members of the Supreme Court who ruled against the law and have the president appoint new justices

Pass a new law that specifies that the airlines must provide access for people with disabilities

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

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

The Supreme Court's decision in Marbury v. Madison (1803) relates to foundational documents in which of the following ways? 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. A 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. B 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. C 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.

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 scenarios best illustrates the concept of a case being decided based on precedent? The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause. A The Supreme Court overturns a lower court decision in a case dealing with voter identification laws. B A state passes a law which contradicts federal law, causing the Supreme Court to rule in favor of the federal government. C 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.

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

The framers of the Constitution designed which of the following to be LEAST responsive to public opinion? The office of the president A The courts B Congress C The electoral college D Political parties

The courts

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

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) ? The Supreme Court is not elected, so unpopular decisions such as in the Wickard case cannot be overturned unless Congress acts upon it. A 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. B 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. C Rather than be regulated by Congress, many citizens and corporations opt instead to find loopholes so that the law does not apply to them.

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 factors most likely led to shifts in Supreme Court decision making over time? The ideological composition of the justices on the Supreme Court shifted to become less liberal over time. A Rather than pass new legislation, Congress was inclined to refer civil rights legislation to the Supreme Court. B After 1960, the Supreme Court deferred to the wishes of state and local governments rather than voting to expand the authority of the federal government. C Constitutional amendments enabled the Supreme Court to issue more liberal decisions.

The ideological composition of the justices on the Supreme Court shifted to become less liberal over time.

Based on the data in the chart, which of the following is true? The percentage of liberal decisions made by the federal district courts on civil rights and civil liberties cases increased between 1900 and 1928. A The percentage of liberal decisions made by the Supreme Court on civil rights and civil liberties cases decreased between 1964 and 1996. B The number of civil rights and civil liberties cases heard by the Supreme Court declined between 1944 and 1952. C The number of civil rights and civil liberties cases heard by the federal district courts decreased between 1972 and 1

The percentage of liberal decisions made by the Supreme Court on civil rights and civil liberties cases decreased between 1964 and 1996.

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? The state legislature could have refused to implement the decision, leading to a crisis in the legitimacy of the Supreme Court's authority. A The United States Congress could have requested that funding be cut off from the redistricting program. B The president could have created an executive agreement with the state that overrode the Supreme Court's decision. C A state appellate court could have issued a ruling that overturned the ruling of the United States Supreme Court.

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

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

The tendency of judges to interpret the Constitution according to their own views

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

The voters can oust federal judges in national elections.

Which of the following is true of nominees for federal judgeships? They are recruited from the current pool of United States attorneys. A They are nominated by the Senate and approved by the House of Representatives. B They are elected in popular elections in individual states. C They must receive the approval of the American Bar Association upon nomination. D They are appointed for life by the President with the advice and consent of the Senate.

They are appointed for life by the President with the advice and consent of the Senate.

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

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? Appeal the Court's decision to the District of Columbia's Court of Appeals. A Formally request the President to veto the Court's decision. B Remove certain members of the Court and replace them with new members. C Try to amend the Constitution. D Reenact the same law.

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? The president can approve or veto decisions made by the Supreme Court. A States have the power to nullify federal laws. B Congress can prevent Supreme Court decisions from being enforced by appropriating money to the Department of Justice. C Unpopular Supreme Court decisions can be avoided or ignored if other branches refuse to cooperate with the outcomes of those decisions.

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

Congress has the constitutional power to control the judicial branch by determining the size of the Supreme Court A nominating the chief justice of the Supreme Court B limiting the length of judicial terms C reducing the salary of judges while they are sitting D altering the original jurisdiction of the Supreme Court

determining the size of the Supreme Court

To influence policy making by the federal courts, the president may do all of the following EXCEPT take partisanship into account in making judicial appointments A take political ideology into account in making judicial appointments B fire and replace federal judges C make public statements about issues that might appear before the courts D encourage the Justice Department to get involved in cases that test certain issues

fire and replace federal judges

The idea that judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution is known as original intent A judicial restraint B judicial activism C judicial review D stare decisis

judicial activism

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

justices are free from direct political pressures

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 reducing the pay of the justices to pressure them to reverse their decision A overruling the Supreme Court's decision by a two-thirds vote in Congress B impeaching the justices in the majority C refusing to actively enforce the decision

refusing to actively enforce the decision

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

reviews previous court decisions

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 amicus curiae A stare decisis B justiciability C diversity D certiorari

stare decisis

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

the Bill of Rights