Unit 2

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.

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

Which of the following best explains how the president can limit the Court's power by appointing a new Supreme Court justice?

By choosing justices who change the ideological leanings of the court

The majority party in the Senate wants to vote on a bill that would change requirements for granting citizenship, but a member of the minority party has the floor and continues to debate the bill. Which of the following may a senator of the majority party do to stop debate on the bill?

Propose a cloture vote

A president believes the Court has overstepped its constitutional authority by requiring state legislatures to redraw congressional districts to address partisan gerrymandering. Which of the following could the president do to limit the Supreme Court's power in response?

Refuse to implement the decision

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

Appointments to the White House staff are often uncontested for which of the following reasons?

These appointments do not require Senate confirmation

In which of the following scenarios is the president most likely to use the veto to limit the power of Congress?

When the opposing party holds a majority in Congress

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

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

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).

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 best explains how a president would use a bully pulpit to achieve policy goals?

By appealing directly to the public, the president hopes members of the public will influence their representatives to support those policy goals

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

House of Representatives Senate Initiates revenue bills. Ratifies treaties.

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

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

Which of the following statements explains how social media has enhanced the power of the presidency?

It gives the president a direct line of communication to the national constituency to influence national policy

Which of the following is an accurate comparison of the powers of the judicial branch and the powers of the legislative branch?

Judicial powers - Interpreting the Constitution Legislative powers - Establishing inferior courts

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.

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

Which of the following is an accurate comparison of the expressed powers of the president and the powers of Congress?

Presidential powers - Negotiating treaties Congressional powers - Ratifying treaties

In 1895, the Supreme Court heard a case about the Income Tax Act of 1894. The Court held that the act was unconstitutional and the federal government did not have the power to tax personal income. Which of the following is an action Congress could have taken to check the Supreme Court's power?

Proposing a constitutional amendment

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.

"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following statements best summarizes Hamilton's argument?

The Supreme Court should have the power of judicial review

Which of the following best explains the concept of the iron triangle?

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

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

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."

Precedents are best defined as which of the following?

A legal decision that establishes a rule for similar cases going forward

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

Which of the following scenarios would most likely be considered a violation of the Twenty-second Amendment?

A sitting president runs for a third term in office after overwhelming support from the American public

Which of the following statements explains how the structural differences between the House and Senate affect the policymaking process?

Because members of the House have shorter term lengths, they are more likely to be influenced by demands from their constituents

Which of the following statements describes why the federal bureaucracy is given discretionary authority to implement public policy?

Bureaucrats are experts and are able to make the best choices on how to implement policy

Which of the following scenarios would be considered congressional oversight?

Congress calls several high-level officials of the Department of Homeland Security to testify on cross-agency communication after September 11th

Which of the following statements explains how Congress can use its power of the purse to restrict presidential power?

Congress can deny requests for funds to executive agencies during the budget process

In which of the following scenarios is the president most likely to use an executive order to make important policy?

Congress cannot reach a compromise

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 is an accurate comparison of the enumerated and implied powers of Congress?

Enumerated Powers - coining money Implied Powers - Maintaining a national bank

Which of the following is an accurate comparison of the president's formal and informal powers?

Formal powers - Nominating federal judges Informal powers - Issuing executive order

Which of the following is an enumerated power of Congress?

Generating a budget that addresses both discretionary and mandatory spending

What is a consequence of the merit based system in the bureaucracy?

Greater professionalism in the bureaucracy

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

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

Which of the following explains how modern technology has changed the president's ability to respond to political issues?

It has made it easier for the president to rapidly respond to political issues by appealing directly to the public

Which of the following statements describes Judicial review?

Judges have the power to interpret the constitution and declare a law unconstitutional

Which of the following statements describes judicial activism?

Judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution

Which of the following statements describes stare decisis?

Judges rely on past decisions and their precedent when making decisions in new cases

Which of the following statements best describes judicial restraint?

Judges should limit the exercise of their own power to interpreting the Constitution according to its original intent

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

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)

On the last day of its session, Congress passes a law that the president strongly opposes. Which of the following may the president do to limit the power of Congress?

Pocket Veto - Neither sign nor veto the bill, allowing it to die

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.

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

What role do coalitions play in the policymaking process?

Politicians create coalitions to enact policy that has broad support from the public

A Supreme Court precedent approving mandatory busing of students to ensure greater racial integration in public schools throughout the South could be viewed as interfering with state powers under the Constitution, and as creating law rather than interpreting it. Which of the following could Congress do to limit the Supreme Court's power in response?

Pass legislation changing the Court's jurisdiction

Which of the following statements is the most likely motivation for a president to issue an executive order?

To achieve policy goals when a compromise cannot be reached with Congress

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

Which of the following best explains why Congress has used its power to help certain types of businesses obtain federal contracts?

Congress is ensuring that the bureaucracy is accountable to groups other than large corporations.

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

House of Representatives Senate Serves 2-year terms Serves 6-year terms

Which of the following actions can the states take to limit the Supreme Court's power?

Refuse to implement and enforce a ruling by the Court

In Gonzalez v. Raich (2005), the Supreme Court ruled that the commerce clause gave Congress the authority to ban the use of marijuana, despite conflicting state law. In the Court's majority opinion, Associate Justice John Paul Stevens argued that local use of marijuana affected the supply and demand of the national marijuana market. Which prior Supreme Court case could be cited as a precedent for the majority decision in Gonzalez v. Raich (2005)?

McCulloch v. Maryland (1819)