Gov Ch. 13 Questions
Which of the following describes the "simple matter" or "only question" before the Court, as identified by Chief Justice Taney?
Chief Justice Taney describes the simple matter before the court as whether slaves can be citizens according to the Constitution.
The narrators in the video state that "Justice Taney could have—should have—stopped there." Why did Chief Justice Taney issue a further opinion, after throwing out the case for improper forum? Choose the BEST answer.
Chief Justice Taney issued a further opinion because he wanted to rule on the greater issues of slavery and citizenship.
Despite his Federalist sympathies, why was Chief Justice John Marshall hesitant to issue a ruling in favor of Marbury?
Despite wanting his fellow Federalist William Marbury to become a judge, Chief Justice Marshall was hesitant to rule in his favor because he worried that President Jefferson would simply ignore the Supreme Court's decision, thus effectively rendering the judiciary an inferior branch of government.
On what basis did Dred Scott claim to be a free man?
Dred Scott claimed to be a free man because he had spent time living in free states.
In which of the following venues did Dred Scott win his case?
Dred Scott won his case in state trial court but lost when it advanced to higher courts.
What happens during the oral argument stage of cases heard before the Supreme Court?
During the oral argument stage, the Supreme Court justices generally ask questions not answered in the briefs.
Alexander Hamilton argued that the judicial branch had which of the following powers?
Hamilton argued that the judicial branch had only the power of judgment.
To what extent can Congress expand or limit the Supreme Court's jurisdiction?
In Article III, Section 2, the Constitution grants Congress the power to make exceptions and regulations to the cases that can be appealed to the Supreme Court (i.e., its appellate jurisdiction).
Which of the following statements accurately describes the Supreme Court's early history?
In its early days, the Supreme Court met in a variety of places.
In order for a case to reach the Supreme Court, it needs to meet which of the following criteria?
In order for a case to reach the Supreme Court, the parties involved must have standing—that is, they must have a stake in the outcome of the case and must be able to show personal or economic injury.
Who were the "Midnight Judges"?
In order to ensure Federalist control of the judicial branch after his party's defeat at the hands of the Democratic-Republicans in the election of 1800, President Adams appointed dozens of Federalists to the judiciary (the "Midnight Judges") in the waning hours of his presidency.
Why does Justice O'Connor say that justices must learn to "disagree agreeably"?
It is important for Supreme Court justices to learn to "disagree agreeably," according to O'Connor, because they serve together for many years in an environment marked by professional courtesy.
Jim Crow laws were upheld by the Supreme Court for how long?
Jim Crow laws were upheld by the Supreme Court for 60 years.
Judicial review allows the Supreme Court to do which of the following?
Judicial review allows the Supreme Court to rule on the constitutionality of any federal or state law and strike down those that conflict with the Constitution.
Justice Ginsburg's opinion in U.S. v. Virginia reflected which of the following?
Justice Ginsberg's opinion in U.S. v. Virginia reflected her commitment to gender equality.
Why was Justice Sotomayor's nomination significant?
Justice Sotomayor's nomination was significant because she is the first Hispanic to serve on the Supreme Court. (She is also the third person of color and the third female.)
Who equated cross burning with terrorism in Virginia v. Black?
Justice Thomas equated cross burning with terrorism in Virginia v. Black.
According to Marshall, what would be the implications of allowing the Supreme Court's writ of mandamus authority to stand?
Marshall argued that allowing the Court's writ of mandamus authority to stand would lower the Constitution's status from "the fundamental and paramount law of the nation" to that of any ordinary piece of legislation, since it could then be easily amended by Congress or the president.
How did Marshall justify his ruling that the Supreme Court could not order Madison to deliver Marbury's commission?
Marshall justified his ruling in favor of Madison (and the Jefferson administration) by finding that the portion of the Judiciary Act of 1789 that allowed the Supreme Court to issue writs of mandamus was unconstitutional, since it represented an attempt by Congress to expand the Court's original jurisdiction.
According to Chief Justice Marshall's written opinion, under what circumstances would the Supreme Court have been able to issue a writ of mandamus to enforce Marbury's commission?
Marshall writes, "To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction."
What precedent did Marshall's ruling establish?
Marshall's ruling established the precedent of judicial review—the ability of the Court to examine laws, compare them with the Constitution, and strike them down if there's a conflict.
When might a Supreme Court justice write a concurring opinion?
A Supreme Court justice might write a concurring opinion when he or she disagrees with the Court's reasoning (but not its decision).
Which of the following would fall under the appellate jurisdiction of the Supreme Court?
A decision made in the U.S. Court of Appeals for the Second Circuit would fall under the appellate jurisdiction of the Supreme Court.
How can a judge be removed from office?
A judge can be removed from office through impeachment by the House and conviction by the Senate if he or she is found to be in violation of the "good behavior" requirement.
If every spot were vacant, approximately how many opportunities to appoint federal judges could a president have?
A president could have more than 800 opportunities to appoint federal judges if every spot were vacant.
Which of the following might a president consider when taking into account a commitment to diversity in selecting a Supreme Court nominee?
A president might consider religious affiliation when taking into account a commitment to diversity in selecting a Supreme Court nominee.
What is the primary cause of public criticism of judges, according to Justice O'Connor?
According to Justice O'Connor, increasingly widespread ignorance of civics and how the courts work has led to more public criticism of judges.
How does O'Connor describe the justices' attitude toward decision-making in highly publicized, politically charged cases such as Bush v. Gore?
According to O'Connor, when the Supreme Court justices have to make a decision for a highly publicized, politically charged case such as Bush v. Gore, they simply do the best they can and then move on.
According to a poll cited by O'Connor, how many Americans can name the three branches of government?
According to the Annenberg Center, only one-third of Americans can name the three branches of government.
According to the U.S. Constitution, who has the right to sue in federal court?
According to the Constitution, only U.S. citizens have the right to sue in federal court.
According to the text, when did the Supreme Court face particular difficulty in enforcing its rulings?
According to the text, the Supreme Court faced particular difficulty enforcing its rulings during the era of the civil rights movement and desegregation.
According to Table 1, section 2 of Article III does which of the following?
Article III, section 2 gives the Supreme Court both original and appellate jurisdiction.
In what way does O'Connor imply that the structure of the No Child Left Behind program may contribute to a lack of civic knowledge?
O'Connor implies that the structure of the No Child Left Behind program may contribute to a lack of civic knowledge because it provides funding based on students' test scores in math, science, and reading; as a consequence, schools don't have a financial incentive to emphasize civics and American history.
How did O'Connor respond to the nation's lack of civic knowledge?
O'Connor responded to the nation's lack of civic knowledge by starting a civics website to educate the public about how the judicial system works.
What event does O'Connor cite as her "most electric moment"?
O'Connor says that her "most electric moment" was when she had to cast the tie-breaking vote on her very first Supreme Court case.
What is political ideology?
Political ideology refers to beliefs on the scope and function of government.
President Barack Obama replaced which of the following Supreme Court justices?
President Barack Obama replaced David Souter with Sonia Sotomayor.
Why might President Buchanan have been interested in having this case resolved?
President Buchanan was interested in having this case resolved because he was worried about the potential for future conflict between the states, primarily over the issue of slavery.
Proponents of judicial restraint would tend to have which of the following characteristics?
Proponents of judicial restraint would tend to have respect for the roles of the other branches of government.
Which of the following reflects one of the central conflicts at issue in this case (Dred Scott)?
The conflict between slaveholders and abolitionists is at the heart of Dred Scott v. Sandford.
The current Supreme Court justices are primarily of which of the following religious affiliations?
The current Supreme Court justices are primarily Catholic.
The decision in Marbury v. Madison did which of the following?
The decision in Marbury v. Madison established the Court's power of judicial review.
What is the first step a case on appeal goes through in its journey to the Supreme Court?
The first step a case on appeal goes through in its journey to the Supreme Court involves the filing of a petition for a writ of certiorari.
The legislature can influence the judicial nomination process through which of the following?
The legislature influences the judicial nomination process through the requirement that all presidential nominees to the judiciary must be confirmed by the Senate.
According to the text, why did Judge Robert Bork receive such severe treatment during Senate confirmation proceedings?
The likelihood of the Court overturning Roe v. Wade is one of the reasons Judge Robert Bork received such severe treatment during Senate confirmation proceedings.
The decisions issued in District of Columbia v. Heller reflect which of the following?
The majority opinion in District of Columbia v. Heller reflected a literal interpretation of the Second Amendment.
What is the minimum number of Supreme Court justices that have served at any one time?
The minimum number of Supreme Court justices that have served at any one time is six.
Which of the following might submit amicus curiae briefs to the Supreme Court?
The solicitor general might submit amicus curiae briefs to the Supreme Court.
Which of the following hears the most cases per year?
The state trial courts hear the most cases per year.
What is the third step to filling a Supreme Court vacancy?
The third step to filling a Supreme Court vacancy is that the Senate Judiciary Committee holds hearings.
What are the three branches of government?
The three branches of government in the U.S. are the legislative, executive, and judicial branches; at the federal level, these include Congress (legislative), the president (executive), and the Supreme Court (judicial).
Why was this arguably the Supreme Court's "worst decision" in history? Choose the BEST answer.
This case is arguably the Supreme Court's "worst decision" in history because it was a major factor leading to the outbreak of the Civil War. In denying citizenship rights to African Americans and favoring the property rights of slaveowners, it also seems spectacularly wrongheaded by today's standards.
What percentage of cases submitted does the Supreme Court actually hear?
Today, the Supreme Court hears less than 1 percent of the cases submitted.
Why did President Jefferson fail to deliver the commissions?
Upon entering office, President Jefferson (a Democratic-Republican) felt that there were already too many Federalists in the judiciary, and he thus refused to make good on President Adams's undelivered commissions.
What does Jon Stewart mean in saying that O'Connor would not be suitable for the Supreme Court today?
When Jon Stewart says that O'Connor would not be suitable for the Supreme Court today, he means that her moderate stance distinguishes her from the more heavily partisan judges on the Court today.
Which of the following BEST describes why O'Connor and Stewart compare statistics regarding the number of Americans who can name three branches of government with the number of Americans who can name at least one American Idol judge?
When O'Connor and Stewart compare the statistics, they are suggesting that Americans value pop culture more than they value civics and politics.
Who petitioned the Supreme Court to issue a writ of mandamus on his behalf?
William Marbury, one of the Federalists whom President Adams had attempted to appoint to the judiciary, petitioned the Supreme Court to issue a writ of mandamus—basically a court order compelling the Jefferson administration to deliver his commission.
According to Article III of the U.S. Constitution, the Supreme Court has original jurisdiction in which of the following types of cases?
cases involving a state
How does Marshall describe the judiciary's role in government?
it interprets laws and the Constitution and settles conflicts between them
In what year was Dred Scott's case decided by the Supreme Court?
The Supreme Court decided the case of Dred Scott v. Sandford in 1857, just a few years before the Civil War broke out.
Which of the following would fall under the original jurisdiction of the Supreme Court?
The Supreme Court's original jurisdiction applies to cases involving two or more states—for example, a dispute between Kansas and Missouri.
By what means was the Supreme Court's power first significantly increased?
The Supreme Court's power was significantly increased through its decision in Marbury v. Madison.
The Supreme Court's powers are limited in which of the following ways?
The Supreme Court's powers are limited insofar as it cannot choose which cases enter the judicial system.
What did the Supreme Court's rulings in Lawrence v. Texas and Obergefell v. Hodges reflect?
The Supreme Court's rulings in the Lawrence and Obergefell cases reflected a tendency for the Court's position to follow cultural shifts regarding sexual orientation.
Which of the following allows Congress to check the power of the Supreme Court?
The ability to amend the Constitution allows Congress (and the states) to check the power of the Supreme Court.
The anti-Federalists would have supported which of the following?
The anti-Federalists would have supported judicial restraint.
How did the Supreme Court exercise judicial review in this case?
The Supreme Court exercised judicial review by striking down an act of Congress as unconstitutional, marking the first time the Court had done so since this power was originally established in the case of Marbury v. Madison (1803).
What does the Supreme Court consider when hearing a case on appeal?
The Supreme Court only considers application of the law when hearing a case on appeal.
In addition to being a matter of individual freedom, how was the Dred Scott case also an issue of federalism?
The case of Dred Scott was one dealing with federalism because it reflected a clash between the federal and state governments.
In which of the following capacities does the chief justice wield influence over the Supreme Court's deliberations?
The chief justice can uniquely influence the Supreme Court's deliberations by acting as a tiebreaker when there is an even split among the other justices' votes.
What order do Supreme Court justices follow when discussing cases?
The chief justice speaks first and is followed by the most senior associate justice, then around the table to the most junior justice.
The Constitution extends the right to life, liberty, and property to all citizens. How did the Court declare the Missouri Compromise unconstitutional?
The Supreme Court ruled the Missouri Compromise unconstitutional by deciding that Congress could not tell citizens what kind of property they could or could not own, including slaves.
Why did Chief Justice Taney throw out the case of Dred Scott v. Sandford?
Scott was deemed not eligible to have his case heard in federal court, so it was thrown out.
Senatorial courtesy is BEST described as which of the following?
Senatorial courtesy is best described as presidential consultation with the senators from a federal district court nominee's home state.
In what way was the Supreme Court exercising its original jurisdiction when it agreed to hear the case?
Since Marbury had petitioned the Supreme Court directly to issue a writ of mandamus on his behalf (rather than going to a lower court first), the Court was exercising its original jurisdiction in hearing the case.
Which of the following did the Court decide with regard to Dred Scott's citizenship?
The Court ruled that Scott was not a U.S. citizen.
What does the Dred Scott decision imply about the Supreme Court's ability to issue fair and impartial rulings in controversial cases? Choose the BEST answer.
The Dred Scott decision shows that Supreme Court justices are not infallible and bring to bear beliefs and attitudes that reflect the times in which they live.
The Judiciary Act did which of the following?
The Judiciary Act created a three-tiered federal court structure.
The Supreme Court appears to be susceptible to which of the following influences (among others)?
The Supreme Court appears to be susceptible to influence from amicus curiae briefs submitted by interest groups, as the justices are more likely to hear a case the more briefs they get.
