Ap Gov Chapter 6 Judiciary Study Guide
In which of the following ways could the president try to limit the impact of a Supreme Court decision?
Calling for the removal of the Supreme Court justices Instructing the Department of Justice to not enforce a provision of the decision Passing legislation that overrides the Court's opinion Changing the jurisdiction of the Supreme Court
Judicial Branch
Interprets the laws and the consitution
How do the legislative branch the exec branch check the power of the judicial branch?
Legislative branch Impeach judges Can create more courts and determine how many judges there will be Set salaries Executive branch Bureaucracy is needed to enforce decisions President can refuse to enforce a ruling
Which of the following statements is correct based on the bar chart?
Most Independents believe that the Supreme Court should base its rulings on what the Constitution meant as originally written. Most Democrats believe that the Supreme Court should base its rulings on what the Constitution meant as originally written. The more consistently liberal a person is, the more that person is likely to believe that the Supreme Court should base its rulings on what the Constitution means in current times. The more consistently conservative a person is, the more that person is likely to believe that the Supreme Court should base its rulings on what the Constitution means in current times.
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 would the Senate take in their attempt to limit the Supreme Court's power?
Replace the chief justice of the Supreme Court with someone with whom they agree with ideologically Pass legislation that would limit the impact of the Supreme court Ratify a constitutional amendment limiting the Supreme Court's power Enforce term limits for justices on the Supreme Court
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. When the Supreme Court takes an activist approach to decision making, it can influence policy. Constitutional amendments have granted the Supreme Court greater power to enforce its decisions. Unpopular Supreme Court Justices can be removed by a two-thirds vote in Congress and a presidential signature.
How can a SCOTUS decision be reversed?
The Supreme Court can overturn its past decisions. This happens when a different case involving the same constitutional issue as an earlier case is reviewed by the Court and seen in a new light, typically because of changing social and political situations.
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?
The Supreme Court oftentimes overrules lower court decisions. Constitutional amendments can be used to overturn previous Supreme Court decisions. The executive branch can sometimes evade Supreme Court decisions. . Ideological changes to the Supreme Court can lead to the overturning of precedent.
Judicial Review
The power of the federal courts to determine the constitutionality of laws passed by the legislative and orders issued by the executive.
Which of the following best reflects a function of the Supreme Court in Article III of the Constitution?
To interpret the constitutionality of laws passed by Congress To adjudicate disputes between the president and Congress To overturn legislation passed by the state legislatures To serve as the highest court of appeals
what are the two places that the supreme court can hear cases from
Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue). The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case.
What are amicus curiae briefs?
Written arguments submitted to the court in support of one side of a case (friend to the court briefs)
what did congress create beneath the supreme court
district and appellate federal courts
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?
it has the power of the sword and the power of judgment but lacks the power of the purse. Each branch must be given the ability to defend its power and check the others. The federal government is further from the people and thus less accountable. It must depend on the executive for enforcement of its decisions.
Why did Constitution give fed judges life tenure, subject to "good behavior"
this was in order to ensure that justices are free from direct political pressure
Which of the following sections of the United States Constitution is most related to the case Marbury v. Madison (1803) ?
Article I Article III The First Amendment The Tenth Amendment
Marbury v. Madison constitutional question
Does Marbury have a right to his commission, and can he sue the federal government for it? Does the Supreme Court even have the power to order the delivery of a commission?
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?
Ledbetter could renew her appeal by seeking additional Supreme Court review. The president could sign an executive order to alter the Civil Rights Act. Ledbetter could pursue her case using the same arguments in state courts. Congress could enact legislation to amend Title VII of the Civil Rights Act.
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. The United States Congress could have requested that funding be cut off from the redistricting program. The president could have created an executive agreement with the state that overrode the Supreme Court's decision. A state appellate court could have issued a ruling that overturned the ruling of the United States Supreme Court.
The data illustrate that most conservatives believe that the United States Constitution
is a living document and the Supreme Court should consider public opinion and contemporary values when interpreting constitutional provisions outlines a framework for government that the Supreme Court should apply strictly regardless of the political or personal preferences of judges establishes a shared set of political values flexible enough to empower the Supreme Court to apply its own personal judgment to their interpretation 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
Fed 78
judicial branch being independent is essential to securing liberties, serving for life w/good behavior ensures a judicial branch free from legislative interference and politics; assumes judicia; review is coming connection to course separation of powers, independent judiciary, judicial review other things judges will only serve lifetime terms if they follow good behavior(can be impeached) jud only had the power power of the pen, they can only interpret the law not enforce it without a supreme court there is no way to prevent other branches from acting unconstitutional jud must rely on the executive who will enforce there decisions.
The Supreme Court issued a ruling that was unpopular with a majority of Americans. The president and Congress might be able to lessen the impact of the decision by
reducing the pay of the justices to pressure them to reverse their decision overruling the Supreme Court's decision by a two-thirds vote in Congress impeaching the justices in the majority refusing to actively enforce the decision
Marbury v. Madison opinion
1.Yes, Marbury has the right to his commission and can sue the federal government for it 2. No the Supreme Court didn't have the authority to require Madison to deliver the commission via a writ of mandamus. The part of the Judiciary Act of 1789 that gave this authority to the Supreme Court was ruled unconstitutional, since it gave the court more power than the constitution provide in article three
What is the rule of four?
4 out of 9 Supreme Court justices must vote in order to hear a case in the supreme court
Congress passes a law requiring that all public accommodations provide access for people with disabilities. The United States Supreme Court rules that the law does not apply to the airline industry. Which of the following is the best way for Congress to provide people with disabilities access to the airline industry in light of the Court's ruling?
Appeal the ruling to the United States Court of Appeals Override the court with a two-thirds majority in both chambers Pass a new law that specifies that the airlines must provide access for people with disabilities Remove members of the Supreme Court who ruled against the law and have the president appoint new justices
Which of the following describes the origin of the United States court system presented in the diagram?
Article II of the Constitution established the three-tiered court system and the jurisdiction of each court in each tier. McCulloch v. Maryland (1819) allowed the Supreme Court to establish other federal courts. Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress. Marbury v. Madison (1803) allowed Congress to create other federal courts.
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?
Baker v. Carr (1962) Marbury v. Madison (1803) Shaw v. Reno (1993) McCulloch v. Maryland (1819)
During his confirmation hearing, Chief Justice John Roberts stated that Roe v. Wade (1973) "is the settled law of the land." This statement suggests that in a case that challenges the constitutionality of legislation restricting privacy and reproductive rights, which of the following should be a key factor in the court's ruling?
Briefs submitted by interested parties Contemporary societal norms The consensus of the other justices Reliance on legal precedent
During his confirmation hearing, Chief Justice John Roberts stated that Roe v. Wade (1973) "is the settled law of the land." This statement suggests that in a future case that challenges the constitutionality of legislation restricting privacy and reproductive rights, which of the following should be a key factor in the court's ruling?
Briefs submitted by interested parties Contemporary societal norms The consensus of the other justices Reliance on legal precedent
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?
Compliance monitoring Stare decisis Overlapping jurisdiction Judicial activism
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?
Confer with House leadership to discuss potential nominees Confer with the chief justice to discuss potential nominees Nominate a federal judge who shares the president's ideology Nominate a sitting senator of the majority party
Marbury v. Madison situation
Congress passed the Judiciary Act of 1789, which allowed SCOTUS to issue writs of mandamus (commands by a superior court to a public official or lower court to perform a special duty). - At the end of his presidency, Federalist John Adams appointed many last-minute judges; 17 of these judges didn't receive their commissions before Democratic-Republican Thomas Jefferson took office. Jefferson ordered his Secretary of State, James Madison, to not deliver these remaining appointments. - William Marbury sued James Madison for not delivering his appointment, asking SCOTUS to force the delivery of his commission via a writ of mandamus.
"If, therefore, the legislature pass any laws, inconsistent with the sense the judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature." Brutus 15 Which of the following cases is most related to the quote?
Marbury v. Madison (1803) McCulloch v. Maryland (1819) McDonald v. Chicago (2010) United States v. Lopez (1995)
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 ?
McCulloch v. Maryland (1819) Schenck v. United States (1919) Brown v. Board of Education of Topeka (1954) Marbury v. Madison (1803)
What is original jurisdiction vs appellate jurisdiction
The Constitution limits original jurisdiction cases to those involving disputes between the states or disputes arising among ambassadors and other high-ranking ministers. Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Original jurisdiction is a court in which a case is first heard while appellate jurisdiction is a court in which a case is heard on appeal from a lower court. The Supreme Court has appellate jurisdiction.
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. The Supreme Court overturns a lower court decision in a case dealing with voter identification laws. A state passes a law which contradicts federal law, causing the Supreme Court to rule in favor of the federal government. . 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.
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 Supreme Court is not elected, so unpopular decisions such as in the Wickard case cannot be overturned unless Congress acts upon it. 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. 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. 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 Supreme Court's decision in Marbury v. Madison (1803) relates to foundational documents in which of the following ways?
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. 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. 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. 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 statements best explains the diagram?
The United States District Court is the starting place for all cases going to the United States Supreme Court. State supreme courts have the final say in all cases arising in the states. Cases arising at both the state and federal level may be appealed to the United States Supreme Court. The number of federal courts is greater than the number of state courts.
Which of the following factors most likely led to shifts in Supreme Court decision making over time?
The ideological composition of the justices on the Supreme Court shifted to become less liberal over time. Rather than pass new legislation, Congress was inclined to refer civil rights legislation to the Supreme Court. 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. Constitutional amendments enabled the Supreme Court to issue more liberal decisions.
what is the difference between a majority opinion vs. a dissenting opinion?
The majority opinion announces the Court's decision and explains the reasoning on which it is based. The concurring opinion is written by a justice who agrees with the majority opinion. The dissenting opinion is written by justices who do not agree with the majority opinion.
Based on the data in the chart, which of the following is true?
The percentage of liberal decisions made by the federal district courts on civil rights and civil liberties cases increased between the percentage of liberal decisions made by the federal district courts on civil rights and civil liberties cases increased between 1900 and 1928. The percentage of liberal decisions made by the Supreme Court on civil rights and civil liberties cases decreased between 1964 and 1996. The number of civil rights and civil liberties cases heard by the Supreme Court declined between 1944 and 1952. The number of civil rights and civil liberties cases heard by the federal district courts decreased between 1972 and 1992. 1900 and 1928.
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?
The president can approve or veto decisions made by the Supreme Court. States have the power to nullify federal laws. Congress can prevent Supreme Court decisions from being enforced by appropriating money to the Department of Justice. 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 scenarios best demonstrates a president avoiding a check from the judicial branch?
The president signs a bill that reduces the budget of the Department of Justice in response to the department's failure to prosecute white-collar criminals. . The president claims that certain detainees are enemy combatants and thus do not possess the same constitutional protections that the Supreme Court has upheld for the interrogation of criminal suspects. The president vetoes legislation that would constrain the ability of the executive branch to conduct domestic surveillance as it relates to terrorism. The president issues an executive order declaring that all people who were brought to the United States illegally as children can apply for a deferment rather than face deportation.
how does the jud branch check on the leg branch and the executive branch?
checks on the pres federal courts can declare pres actions unconstitutional, such as exec privilege and exec orders can also be declared unconstitutional congress can declare laws u constitutional and viod
What is stare decisis?
doctrine that says courts should look to precedent when making there decisions to stand by things decided. depends on whether the material facts are the same. the level of the court that made the decision. the use, if any, of the avoiding devices.
What is a precedent?
law of previous cases when deciding future cases that are similar the holding(reasoning behind the court decision) establishes a principle or rule of law.
Marbury v. Madision (1803)
the supreme courts important power of judicial review comes from this case, not from the constitution It established the constitution as the Supreme law of the land and SCOTUS as the final authority for interpreting it.