judicial

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

"judicial restraint"

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

Article III

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

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

Conducting hearings on judicial appointments made by the president

The number of justices on the United States Supreme Court is set by A national convention B Congress C the president D the United States Constitution E 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? A The Supreme Court B Congress C The President D The Department of Justice E The attorney general

Congress

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

In which of the following ways could the president try to limit the impact of a Supreme Court decision? A Calling for the removal of the Supreme Court justices B Instructing the Department of Justice to not enforce a provision of the decision C Passing legislation that overrides the Court's opinion D Changing the jurisdiction of the Supreme Court

Instructing the Department of Justice to not enforce a provision of the decision

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

It can change appellate jurisdiction of federal courts.

n 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.

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

Which of the following United States Supreme Court cases established the principle of judicial review? A McCulloch v. Maryland B Gibbons v. Ogden C Wolf v. Colorado D Roe v. Wade E 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? A Baker v. Carr (1962) B Marbury v. Madison (1803) C Shaw v. Reno (1993) D McCulloch v. Maryland (1819)

Marbury v. Madison (1803)

The Federalist No. 78 says, "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, as well as the meaning of any particular act proceeding from the legislative body." In which of the following decisions did the Supreme Court use an argument most similar to the one in The Federalist No. 78 ? A McCulloch v. Maryland (1819) B Schenck v. United States (1919) C Brown v. Board of Education of Topeka (1954) D Marbury v. Madison (1803)

Marbury v. Madison (1803)

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

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 could be taken by the Senate to limit the Supreme Court's power? A Replace the chief justice of the Supreme Court with someone with whom they agree with ideologically B Pass legislation already passed by the House that would limit the impact of the Supreme Court's recent rulings C Ratify a constitutional amendment limiting the Supreme Court's power D Enforce term limits for justices on the Supreme Court

Pass legislation already passed by the House that would limit the impact of the Supreme Court's recent rulings

he 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? A Replace the chief justice of the Supreme Court with someone with whom they agree with ideologically B Pass legislation that would limit the impact of the Supreme Court's recent rulings C Ratify a constitutional amendment limiting the Supreme Court's power D 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 A justices are expected to act like politicians in their decision-making B Presidents seek to place individuals on the Court whose policy views are similar to their own C the Senate will refuse to confirm any nominee to the Court who is not familiar with the political process D appointment to the Supreme Court is a reward for political party loyalty E 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

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.

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

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.

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

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

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

The courts

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

n 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) ? A The Supreme Court is not elected, so unpopular decisions such as in the Wickard case cannot be overturned unless Congress acts upon it. B 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. C 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. D 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? A The ideological composition of the justices on the Supreme Court shifted to become less liberal over time. B Rather than pass new legislation, Congress was inclined to refer civil rights legislation to the Supreme Court. C 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. D 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.

Which of the following best defines the term "judicial activism"? A The demands on judges to hear large numbers of cases B The efforts of judges to lobby Congress for funds C The attempts by judges to influence election outcomes D The unwillingness of judges to remove themselves from cases in which they have a personal interest E 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: A Federal judges can be impeached. B The voters can oust federal judges in national elections. C Congress can pass a law clarifying "legislative intent." D Presidents, governors, and local executives can refrain from enforcing court rulings. E 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? A They are recruited from the current pool of United States attorneys. B They are nominated by the Senate and approved by the House of Representatives. C They are elected in popular elections in individual states. D They must receive the approval of the American Bar Association upon nomination. E 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? A They serve ten-year terms. B They serve as long as the appointing president stays in power. C They serve for life on good behavior unless removed by the president. D They serve for life on good behavior unless impeached and convicted by Congress. E 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 best reflects a function of the Supreme Court in Article III of the Constitution? A To interpret the constitutionality of laws passed by Congress B To adjudicate disputes between the president and Congress C To overturn legislation passed by the state legislatures D To serve as the highest court of appeals

To serve as the highest court of appeals

Which of the following actions can Congress take if the Supreme Court finds a federal law unconstitutional? A Appeal the Court's decision to the District of Columbia's Court of Appeals. B Formally request the President to veto the Court's decision. C Remove certain members of the Court and replace them with new members. D Try to amend the Constitution. E 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? A The president can approve or veto decisions made by the Supreme Court. B States have the power to nullify federal laws. C Congress can prevent Supreme Court decisions from being enforced by appropriating money to the Department of Justice. D 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.

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

decide on the constitutionality of a law or an executive action

Congress has the constitutional power to control the judicial branch by A determining the size of the Supreme Court B nominating the chief justice of the Supreme Court C limiting the length of judicial terms D reducing the salary of judges while they are sitting E 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 A take partisanship into account in making judicial appointments B take political ideology into account in making judicial appointments C fire and replace federal judges D make public statements about issues that might appear before the courts E encourage the Justice Department to get involved in cases that test certain issues

fire and replace federal judges

The data illustrate that most conservatives believe that the United States Constitution A is a living document and the Supreme Court should consider public opinion and contemporary values when interpreting constitutional provisions B outlines a framework for government that the Supreme Court should apply strictly regardless of the political or personal preferences of judges C establishes a shared set of political values flexible enough to empower the Supreme Court to apply its own personal judgment to their interpretation D gives judges the power to overrule the other two branches of government in times when those other branches fail to be responsive to changing public opinion on issues

outlines a framework for government that the Supreme Court should apply strictly regardless of the political or personal preferences of judges

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

reviews previous court decisions

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

the Bill of Rights

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

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