AP Gov Unit 5 Test
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
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
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
Who establishes inferior courts?
Congress
Who sets up the federal court systems?
Congress
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? A) It has the power of the sword and the power of judgment but lacks the power of the purse. B) Each branch must be given the ability to defend its power and check the others. C) The federal government is further from the people and thus less accountable. D) It must depend on the executive for enforcement of its decisions.
D
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
What historical document talks about judicial review?
Federalist No. 78
What SCOTUS case confirmed judicial review?
Marbury v Madison
Article III of the Constitution only goes into detail about what?
Supreme Court
In Article III, where does the vesting clause place judicial power?
Supreme Court and inferior courts
What can you do if the Supreme Court makes a ruling you don't like?
amend the Constitution
What type of courts does the Constitution not talk about?
court of appeals, trial courts
Who has the ability to decide whether laws are constitutional?
courts/judges
Jackson thought the court should not only interpret laws, but also what?
enforce them
Why is following precedents important in courts?
establishes consistency
In most cases, how does the public react to a court's decision?
follows the law as declared by the court
Why did Hamilton think the judiciary would be the weakest branch?
it has neither sword nor purse
What did Hamilton think of the federal judiciary in comparison to the other two branches?
it was the weakest
How do precedents affect court decisions?
judges are inclined to give the same answer that was given before
What is Article III about?
judicial branch
Judiciary Act of 1789
legislation passed by Congress that created the federal court system, requiring a Supreme Court and allowing Congress the discretion to set up inferior courts
What does Hamilton mean when he says sword?
military
What does Hamilton mean when he says purse?
money
Are we required to have inferior courts under the Constitution?
no
How many courts are we required to have under the Constitution?
one (Supreme Court)
What can the legislature do if they do not a like a ruling made by the Supreme Court?
pass legislation that minimizes the effect of the Court's ruling
What tools does the Supreme Court use to determine a case?
precedents, empirical facts, natural law
More federal laws means there are more what for the courts?
questions/cases
What is judicial review?
review by the US Supreme Court of the constitutional validity of a legislative act, the ability to deem a legislative act unconstitutional
What stop judges from being "policymakers in robes?"
separating their constitutional beliefs from their political beliefs, asking whether or not a law is constitutional instead of asking whether or not they like the law
Why is it strange that Congress is not required to set up inferior courts?
the Framers thought the people would mostly interact with state courts
What do courts have to rely on in order for their holdings to be carried out?
the legislative and executive branches
Did judicial review exist before Marbury v Madison?
yes