Unit 4 Practice Quiz

Amicus Curiae

"friend of the court" allows interest groups to wrtie letters to the court detailing how a decision would impact them - have to be asked by the court

stare decisis

"let the decision stand" - ruling based on precident keeping previous ruling using wht the prior court rules to make a decision

Writs of Certiorari

- rule of 4 Supreme Court orders a case from a lower court to be reviewed - 4 of the 9 justices have to agree to see the case - Paper/certificate that says the supreme court will hear your case

Which of the following scenarios illustrates how social media has changed the way presidents relate to the public?

A president announcing a major policy initiative via the Internet rather than calling a press conference

Congress could vote to reduce spending on the Department of Homeland Security in the next year's budget.

Article III

Which of the following statements accurately summarizes the reasoning for the decision in Baker v. Carr (1962) ?

Because rural districts had fewer people, representation was unevenly distributed; thus, Baker was denied equal protection under the law.

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?

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

Which of the following explains how Congress would most likely respond if it were concerned about the slight increase in spending over time, as indicated by the bar chart?

Congress could vote to reduce spending on the Department of Homeland Security in the next year's budget.

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

Created a one-person, one-vote standard for reviewing congressional districts.

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.

Delegated discretionary authority

Which of the following is an accurate comparison of the rules for debate used by the United States House of Representatives and the United States Senate?

House Debate is limited Senate Members can filibuster

Which of the following is an accurate comparison of the United States House of Representatives and the United States Senate?

House The Constitution's framers intended it to reflect the will of the people. Senate The Constitution's framers designed it to represent the interests of the states.

Which of the following is an accurate comparison of the United States House of Representatives and the United States Senate?

House Debate on bills is limited Senate Debate on bills can be unlimited

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?

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

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?

Marbury v. Madison (1803)

Shortly after the 2008 election, President Obama appointed outspoken and controversial House member Rahm Emanuel to lead his White House as chief of staff. The selection drew criticism from Republican leaders, including House minority leader John Boehner, who remarked that the selection "is an ironic choice for a president-elect who has promised to change Washington, make politics more civil, and govern from the center." Which of the following explains how Congress could legitimately respond to the appointment?

Members of Congress could issue statements opposing the appointment but have no formal power to block it.

Does the Senate have power over White House Staff Appointments

No. Unlike cabinet members, White House staff are not appointments that require Senate confirmation. However, as the scenario illustrates, members of Congress can express their disapproval in statements to the media.

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?

Nominate a federal judge who shares the president's ideology

Which of the following statements describes the author's main argument in the passage? To be sure, the President's control over foreign affairs had been growing since the Theodore Roosevelt administration [1901-1909]. . . . [President Roosevelt's] acquisition of the Panama Canal Zone preceded Woodrow Wilson's decision to enter World War I, which was a prelude to Franklin Delano Roosevelt's management of the run-up to the victorious American effort in World War II. In the 1950s, Harry S. Truman's response to the Soviet threat included the decision to fight in Korea without a Congressional declaration of war, and Dwight Eisenhower used the Central Intelligence Agency and brinkmanship to contain Communism. Nineteenth-century presidents had had to contend with Congressional influences in foreign affairs, and particularly with the Senate Foreign Relations Committee. But by the early 1960s, the president had become the undisputed architect of U.S. foreign policy. One reason for this was the emergence of the United States as a great power with global obligations. Neither Wilson nor FDR could have imagined taking the country to war without a Congressional declaration, but the exigencies of the cold war in the 1950s heightened the country's reliance on the president to defend its interests. Truman could enter the Korean conflict without having to seek Congressional approval simply by describing the deployment of U.S. troops as a police action taken in conjunction with the United Nations.

Presidential power in foreign policy has expanded since the beginning of the twentieth century.

In November 2014, President Obama announced an expansion of the Deferred Action for Childhood Arrivals (DACA) program through an executive order. The policy would protect over 700,000 more children of undocumented immigrants from deportation. Republican members of Congress denounced the order as an abuse of executive power. Previously, members of the House of Representatives had voted to defund the program. This scenario best illustrates which of the following?

Presidents exert informal powers when their policy agenda conflicts with that of Congress.

Which of the following describes the ruling in Shaw v. Reno (1993) ?

Racial gerrymandering was ruled unconstitutional.

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.

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?

Stare decisis

A newly elected president faces a Senate controlled by the opposition party. Which of the following presidential appointments is the most likely to encounter difficulty with confirmation by the Senate?

Supreme Court justice

Which of the following scenarios best illustrates the process of bureaucratic rule making?

The Department of Veterans Affairs rewrites its regulations regarding compensation and pensions into plain language that is easier for beneficiaries to understand.

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

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.

Which of the following explains why the author believes presidential power has expanded? To be sure, the President's control over foreign affairs had been growing since the Theodore Roosevelt administration [1901-1909]. . . . [President Roosevelt's] acquisition of the Panama Canal Zone preceded Woodrow Wilson's decision to enter World War I, which was a prelude to Franklin Delano Roosevelt's management of the run-up to the victorious American effort in World War II. In the 1950s, Harry S. Truman's response to the Soviet threat included the decision to fight in Korea without a Congressional declaration of war, and Dwight Eisenhower used the Central Intelligence Agency and brinkmanship to contain Communism. Nineteenth-century presidents had had to contend with Congressional influences in foreign affairs, and particularly with the Senate Foreign Relations Committee. But by the early 1960s, the president had become the undisputed architect of U.S. foreign policy. One reason for this was the emergence of the United States as a great power with global obligations. Neither Wilson nor FDR could have imagined taking the country to war without a Congressional declaration, but the exigencies of the cold war in the 1950s heightened the country's reliance on the president to defend its interests. Truman could enter the Korean conflict without having to seek Congressional approval simply by describing the deployment of U.S. troops as a police action taken in conjunction with the United Nations.

The United States has emerged as a global power, which has enhanced the power of the president in foreign affairs.

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 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 is an example of how the innovation of social media can influence presidential behavior?

The president announces the nomination of a cabinet secretary on the Internet.

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.

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?

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

Which of the following is an action a president can take to rally public support for the administration's legislative agenda?

Use the State of the Union Address to pressure Congress to pass a bill lowering income taxes.

a

a

Judicial Restraint

favored by conservatives - rely on precedent in making decisions - less court involvement

Judicial Activism

favored by liberals - Belief that the Supreme Court can correct injustices

Majority Opinion

how most of the Supreme Court decides a case becomes law