Courts

Which of the following statements best explains how stare decisis influences Supreme Court justices?

It makes justices more likely to defer to previous Supreme Court decisions

Which of the following constitutional provisions gives Congress the power to change the Supreme Court's appellate jurisdiction?

exceptions clause in Article III

Which U.S. Supreme Court case established the power of judicial review?

Marbury v. Madison (1803)

Which U.S. Supreme Court case established that Obamacare was constitutional?

National Federation of Independent Business v. Sebelius (2012)

Read the passage below and then answer the question. Our courts are the balance-wheel of our whole constitutional system; and ours is the only constitutional system so balanced and controlled. Other constitutional systems lack complete poise and certainty of operation because they lack the support and interpretation of authoritative, undisputable courts of law. It is clear beyond all need of exposition that for the definite maintenance of constitutional understandings it is indispensable, alike for the preservation of the liberty of the individual and for the preservation of the integrity of the powers of the government, that there should be some non-political forum in which those understandings can be impartially debated and determined. That forum our courts supply. There the individual may assert his rights; there the government must accept definition of its authority.—Woodrow Wilson, Constitutional Government in the United States (1907) Based on the excerpt and your knowledge of American government, which of the following policies would the author most likely disagree?

A constitutional amendment that provides for the election of federal judges

Read the passage below and answer the question. "In denying the right...of exclusively explaining the Constitution, I go further than [others] do, if I understand rightly [this] quotation from the Federalist of an opinion that 'the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.' If this opinion be sound, then indeed is our Constitution a complete felo de se [act of suicide]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow...The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.—Thomas Jefferson, "Letter to Spencer Roane" (1819) Which of the following policies would the author most likely support?

A requirement that any exercise of judicial review by the Supreme Court require a supermajority

Which of the of following represents the most likely way that presidents attempt to shape the decision-making process of the Court?

Appointing new judges

Judicial review allows the U.S. Supreme Court to undo which type of government decision?

Both legislation and executive orders

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

"Today, liberals and conservatives alike blithely rely on the Court to settle society's toughest issues—at the expense of the two branches of government that are designed to be democratic. . . . "The corrosive result is twofold: an arrogant Court and an enfeebled Congress that rarely is willing to tackle the toughest issues. Each feeds on the other. The justices often step in because they believe the members of Congress—elected by the people though they may be—act like fools or, like cowards, fail to act. Happy to stay off the battlefield, Congress seldom raises a peep, other than to crowd the cameras during occasional Senate confirmation hearings on a new justice. The result is dwindling public faith in both institutions." -Source: David A. Kaplan, The Most Dangerous Branch: Inside the Supreme Court in the Age of Trump, 2019 Based on the text, which of the following statements would the author most likely agree with?

By issuing unpopular decisions, the Supreme Court invites challenges to its legitimacy from the American public

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

Comparison A Judicial powers - Interpreting the Constitution Legislative Powers - Establishing inferior courts

Marbury v. Madison (1803) Baker v. Carr (1961) Which of the following is an accurate comparison of the two court cases?

Comparison B Marbury v. Madison (1803) Led to more power for the Supreme Court to check the other branches Baker v. Carr (1961) Led to the "one-person, one-vote" judicial doctrine

Which of the following is an accurate comparison of the two court cases? Marbury v. Madison (1803)Shaw v. Reno (1993)

Comparison C Marbury v. Madison (1803) - Decided that the Supreme Court can declare a law unconstitutional Shaw v. Reno (1993) - Decided that redistricting plans based on race must be held to a high standard of scrutiny

Read the passage below and then answer the question. Our courts are the balance-wheel of our whole constitutional system; and ours is the only constitutional system so balanced and controlled. Other constitutional systems lack complete poise and certainty of operation because they lack the support and interpretation of authoritative, undisputable courts of law. It is clear beyond all need of exposition that for the definite maintenance of constitutional understandings it is indispensable, alike for the preservation of the liberty of the individual and for the preservation of the integrity of the powers of the government, that there should be some non-political forum in which those understandings can be impartially debated and determined. That forum our courts supply. There the individual may assert his rights; there the government must accept definition of its authority.—Woodrow Wilson, Constitutional Government in the United States (1907) Which of the following statements is most in agreement with the argument advanced by the author?

Courts are the venue where individuals can assert their rights.

Which of the following may the judicial branch do to limit the power of the president?

Declare an executive order unconstitutional

Based on the infographic and your knowledge of the Supreme Court, which of the following statements could be considered an accurate conclusion? (This is the graphic with the warren all in the blue and burger in red and blue)

Ideological changes in the Supreme Court can lead to the Court rejecting existing precedents

Which statement accurately summarizes the impact of the Marbury v. Madison (1803) decision?

It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president

Read the passage below and then answer the question. There is yet a further and a weightier reason for the permanency of the judicial offices, which is deducible from the nature of the qualifications they require. It has been frequently remarked, with great propriety, that a voluminous code of laws is one of the inconveniences necessarily connected with the advantages of a free government. To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them; and it will readily be conceived from the variety of controversies which grow out of the folly and wickedness of mankind, that the records of those precedents must unavoidably swell to a very considerable bulk, and must demand long and laborious study to acquire a competent knowledge of them. Hence it is, that there can be but few men in the society who will have sufficient skill in the laws to qualify them for the stations of judges.—Alexander Hamilton, Federalist No. 78 (1788) Which of the following best summarizes the argument made by the author?

Judges should serve lifetime terms because they must accumulate legal knowledge to best fulfill the requirements of their offices.

Read the passage below and then answer the question. There is yet a further and a weightier reason for the permanency of the judicial offices, which is deducible from the nature of the qualifications they require. It has been frequently remarked, with great propriety, that a voluminous code of laws is one of the inconveniences necessarily connected with the advantages of a free government. To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them; and it will readily be conceived from the variety of controversies which grow out of the folly and wickedness of mankind, that the records of those precedents must unavoidably swell to a very considerable bulk, and must demand long and laborious study to acquire a competent knowledge of them. Hence it is, that there can be but few men in the society who will have sufficient skill in the laws to qualify them for the stations of judges.—Alexander Hamilton, Federalist No. 78 (1788) Which of the following is a logical consequence of the argument made by the author?

Judges will be less accountable to citizens than are members of Congress.

Read the passage below and answer the question. "In denying the right...of exclusively explaining the Constitution, I go further than [others] do, if I understand rightly [this] quotation from the Federalist of an opinion that 'the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.' If this opinion be sound, then indeed is our Constitution a complete felo de se [act of suicide]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow...The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.—Thomas Jefferson, "Letter to Spencer Roane" (1819) Which of the following concepts is the author most directly referring to in the except?

Judicial Review

A judge believes that it is appropriate to use his personal views about public policy to influence his decision-making. Which of the following best describes this view?

Judicial activism

Which of the following statements best explains how judicial activism influences decisions made by individual justices when deciding cases heard by the Court?

Justices are influenced by the social effects the decision might have on the public

"That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold their offices by a temporary commission. Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following government policies would the author most likely support?

Life terms, pending good behavior, for Supreme Court justices

"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 Supporters of Hamilton's view that acts contrary to the Constitution are invalid could point to which of the following cases?

Marbury v. Madison

In United States v. Nixon (1974), the Supreme Court ruled that President Nixon was not exempt from a court order that required him to release White House tapes. It upheld the right of the Court to "say what the law is," as Chief Justice Warren Burger wrote in the Court's majority opinion. Which prior Supreme Court case could be cited as a precedent for the majority decision in United States v. Nixon (1974)?

Marbury v. Madison (1803)

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 may Congress do to limit the Supreme Court's power?

Pass legislation to limit the Court's jurisdiction

The Supreme Court has made a decision that interprets a portion of the Constitution. Polling indicates that the decision is very unpopular. In an election year, remarks made by the president indicate that the president will essentially ignore the decision. Which of the following is the most likely outcome of this scenario?

Presidential popularity will be either unchanged or increase

Read the passage below and answer the following question. Chris Wallace: "Mr. Trump, you're pro-life. But I want to ask you specifically: Do you want the court, including the justices that you will name, to overturn Roe v. Wade, which includes -- in fact, states -- a woman's right to abortion?" Donald Trump: "Well, if that would happen, because I am pro-life, and I will be appointing pro-life judges, I would think that that will go back to the individual states. Trump: "Well, if we put another two or perhaps three justices on, that's really what's going to be -- that will happen. And that'll happen automatically, in my opinion, because I am putting pro-life justices on the court. I will say this: It will go back to the states, and the states will then make a determination." -Presidential candidate Donald Trump, Final Presidential Debate, 2016 Which of the following statements best explains how a president's ideology can influence presidential nominations to the judiciary?

Presidents nominate Supreme Court justices who are likely to be sympathetic to their views, changing the ideological leanings of the Court

Read the passage below and then answer the question. Our courts are the balance-wheel of our whole constitutional system; and ours is the only constitutional system so balanced and controlled. Other constitutional systems lack complete poise and certainty of operation because they lack the support and interpretation of authoritative, undisputable courts of law. It is clear beyond all need of exposition that for the definite maintenance of constitutional understandings it is indispensable, alike for the preservation of the liberty of the individual and for the preservation of the integrity of the powers of the government, that there should be some non-political forum in which those understandings can be impartially debated and determined. That forum our courts supply. There the individual may assert his rights; there the government must accept definition of its authority.—Woodrow Wilson, Constitutional Government in the United States (1907) The views of the author reflect which of the following core values?

Rule of law

Which of the following terms best describes the principle by which past decisions will be used as a basis for deciding current judicial questions?

Stare decisis

The Supreme Court has made a decision in which it interpreted a law passed by Congress in a manner that Congress did not approve of. Which of the following is the most likely way that Congress would address this issue?

Statutory amendment

Which of the following is the constitutional basis of the power of judicial review?

Supremacy clause

Which constitutional power of Congress was used to establish the individual mandate under Obamacare?

Taxation

Which of the following describes a difficulty the judicial branch faces in the policy implementation process?

The Supreme Court must rely on the other branches of government to enforce its rulings

"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

"So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply." -John Marshall, decision in Marbury v. Madison (1803) Which of the following statements best summarizes Marshall's argument?

The Supreme Court should judge whether a law is constitutional

"The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act. Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it." ->John Marshall, decision in Marbury v. Madison (1803) Which of the following statements is most consistent with Marshall's argument in this passage?

The constitution is above ordinary laws

"The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority . . . Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing." -Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following statements best summarizes Hamilton's argument?

The judicial branch is responsible for interpreting the Constitution and judging whether the laws passed by Congress are constitutional

Read the passage below and answer the question. "In denying the right...of exclusively explaining the Constitution, I go further than [others] do, if I understand rightly [this] quotation from the Federalist of an opinion that 'the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.' If this opinion be sound, then indeed is our Constitution a complete felo de se [act of suicide]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow...The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please. — Thomas Jefferson, "Letter to Spencer Roane" (1819) Which of the following statements comes closest to the argument advanced by the author?

The judiciary's ability to interpret the Constitution threatens the independence and power of the other institutions

In United States v. Morrison (2000), the Supreme Court struck down the part of the Violence Against Women Act that made gender-motivated violence a federal crime, as it was not related to the commerce clause. Which prior Supreme Court case could be used as a precedent for the majority decision in United States v. Morrison (2000)?

United States v. Lopez (1995)

In addition to the U.S. Supreme Court, how many courts are created by the U.S. Constitution?

none

In 1954, the Supreme Court banned segregation in public schools. Some critics argue that the law violates states' rights. Which of the following could the president do to limit the Supreme Court's power?

refuse to implement the decision

The president is most likely to use a court-curbing measure, like refusing to enforce a Supreme Court decision, when:

the Supreme Court's decision is controversial.