Ch 16 The Judiciary

Which of the following sections of the United States Constitution is most related to the case Marbury v. Madison (1803) ?

Article III

Which of the following describes the origin of the United States court system presented in the diagram?

Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress

Which of the following statements best explains the diagram?

Cases arising at both the state and federal level may be appealed to the United States Supreme Court.

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.

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 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 must depend on the executive for enforcement of its decisions.

"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." Which of the following cases is most related to the quote?

Marbury v. Madison (1803)

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)

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

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?

Pass a new law that specifies that the airlines must provide access for people with disabilities

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?

Reliance on legal precedent

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

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.

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 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.

Which of the following statements is correct based on the bar chart?

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.

Based on the data in the chart, which of the following is true?

The percentage of liberal decisions made by the Supreme Court on civil rights and civil liberties cases decreased between 1964 and 1996.

Which of the following scenarios best demonstrates a president avoiding a check from the judicial branch?

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.

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.

The data illustrate that most conservatives believe that the United States Constitution

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

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

refusing to actively enforce the decision