Fed courts/civil liberties/ civil rights

Most of the individual protections of the bill of rights now apply to the states because of the Supreme Court's interpretation of the Constitution's

14th amendment

A writ of certiorari a. is an order to a lower court by the Supreme Court to send up a case for review. This is the correct answer. b. i is issued by the Supreme Court to stay an execution. c. is a court order requiring that a specific action be taken d. is handed down in cases involving civil liberties : e. must be agreed to by five justices of the Supreme Court in order for the Court to consider a case

A

Decisions reached by the Supreme Court under the leadership of Chief Justice Earl Warren (1953- 1969) did all of the following EXCEPT a A. rule against malapportionment in state legislatures b B. void state statutes that permitted school segregation c C. invalidate state abortion statutes d D. expand the rights of criminal defendants e E. increase protection for First Amendment freedoms

A

The Supreme Court's decision about abortion in Roe v. Wade was based on a A. the right to privacy implied in the Bill of Rights b B. guarantees of freedom of religion contained in the First Amendment c C. the due process clause in the Fifth Amendment d D. the equal protection clause in the Fourteenth Amendment e E. a federal statute legalizing abortion

A

Which of the following was an argument used by the Supreme Court in upholding federal statutes outlawing segregation in public accommodations? a A. Such segregation affected interstate commerce, and Congress therefore had the authority to outlaw it. b B. Such segregation was wrong in principle, and Congress had moral authority to outlaw it even though the statutes lacked a strict constitutional basis. c C. Such segregation violated the First Amendment's protection of the right to free assembly, and Congress therefore had the authority to outlaw it. d D. Such segregation violated the Tenth Amendment's reservation of power to state governments, and Congress therefore had the authority to outlaw it. e E. Since such segregation affected citizens of different states, it fell under the original jurisdiction of the federal courts and could therefore be outlawed by Congress.

A

Griswold v. Connecticut and Roe v. Wade are similar Supreme Court cases in that both cases are based on the a A. rights of gay men and lesbian women b B. right of privacy c C. right to an abortion d D. right to freedom from cruel and unusual punishment e E. right of women to equal protection before the law

B

The most important source of the Supreme Court's caseload is a A. its original jurisdiction b B. its appellate jurisdiction c C. instruction from the solicitor general d D. the special master's certification of cases for review E. Congress' certification of cases for review e E. Congress' certification of cases for review

B

Which of the following best explains the principle of stare decisis? a (A) It requires that at least four Supreme Court justices agree to hear a case. b (B) It encourages presidents to take judicial experience into account when nominating judges. c (C) It encourages judges to follow precedent when deciding cases. d (D) It reinforces the philosophy of judicial activism. e (E) It increases the number of cases judges are required to hear. Unauthorized copying

B

he amendments to the Constitution that were ratified during Reconstruction were primarily designed to a (A) protect the rights of women against infringement by the federal government b (B) protect the rights of Black citizens against infringement by state governments c (C) ensure equal economic opportunity for Black citizens d (D) facilitate the rebuilding of the Southern economy e (E) limit the power the President had gained during the Civil War

B

A court order requiring explanation to a judge why a prisoner is being held in custody. a Bill of attainder b Ex Post Facto Law c Writ of Habeas Corpus d Writ of Certiorari e Amicus curiae brief

C

The Fourteent Amendment to the Constitution has been interpreted by the Supreme Court to a A. expand presidential power b B. restrict the application of judicial review c C. make most rights contained in the Bill of Rights applicable to the states d D. prevent states from taxing agencies of the federal government e E. limit the use of the legislative veto

C

We are unanimously of opinion, that the law passed by the legislature of Maryland, imposing a tax on the Bank of the United States, is unconstitutional and void. . . . This is a tax on the operation of an instrument employed by the government of the Union to carry its powers into execution. Such a tax must be unconstitutional.... 4. This decision of the Supreme Court upheld the principle that (A) the federal government and the state governments are equal b (B) Congress has only those powers specifically enumerated in the Constitution c (C) Congress has the power to make laws to carry out its constitutional duties d (D) taxation without representation is unconstitutional e (E) the federal government alone may levy taxes

C

Which of the following best describes the relationship between the Supreme Court and public opinion? a (A) The Court assesses public opinion on a controversial issue and then tries to follow it. b (B) Court prestige is so high that its decisions become public consensus. c (C) The existence of a public consensus on an issue limits the extent to which the Court will render decisions contrary to that consensus. d (D) Public opinion has no bearing on the effective implementation of the Court's decisions. e (E) There is no relationship between public opinion and the Court's decisions.

C

he principle of judicial review was established in a the supremacy clause b Dred Scott v. Sanford c the Judiciary Act of 1789 d Article III of the US Constitution e Marbury v. Madison

C

the primary responsibility of Federal District Courts? Selected: a. to screen cases to be heard by the Supreme Court. b. to hear appeals from state courts c. to serve as courts of original jurisdiction in federal cases . d. to hear appeals from lower federal courts e. to settle civil cases that involve diversity issues

C

Who has the power to say how many judges they want on sc

Congress

The dual court system refers to a a. the district courts and the federal appeals courts b b. the constitutional and the legislative courts c c. civil and criminal courts d d. the Supreme Court and the U.S. Courts of Appeals e e. separate federal and state court systems

D

Which of the following actions can Congress take if the Supreme Court finds a federal law unconstitutional? Selected: a. A. Appeal the Court's decision to the District of Columbia's Court of Appeals. This answer is incorrect. b. B. Formally request the President to veto the Court's decision C remove certain members of the court Dtry to amend the constitution

D

Which of the following statements accurately describes the selection of the caseload for the United States Supreme Court? a A. The United States Constitution spells out all of the categories of cases that the Supreme Court must hear. b B. The Chief Justice of the Supreme Court has the authority to select the cases that the Court will hear. c C. The Solicitor General in the Department of Justice determines the Supreme Court's agenda. d D. The Supreme Court is free to choose the cases it hears with only a few limitations. e E. The Attorney General screens cases for consideration by the Court.

D

n United States v. Nixon (1974) the Supreme Court ruled that a (A) the judicial branch should not intervene in political disputes between the President and Congress b (B) presidential power is not automatically extended during times of national emergency c (C) Presidents must account to the Court for the way in which they implement policy d (D) there is no constitutional guarantee of unqualified executive privilege e (E) the President does not have the power of an item veto over congressional legislation

D

residents have had the most success in changing the direction of decisions of the federal judiciary by a A. threatening to ask Congress to impeach specific judges b B. using the media to build consensus for the President's position c C. requesting that Congress reduce the term of office that judges may serve d D. using the appointment process to select judges with judicial philosophies similar to those of the President e E. pressuring Congress to pass the appropriate legislation to override judicial opinions Question 30 (2 points) Which of the following did the most to expand civil rights in the 1950's? a A. State legislative decisions desegregating public accommodations b B. State court decisions outlawing poll taxes c C. The passage of voting-rights legislation by Congress d D. Executive orders mandating affirmative action e E. The Supreme Court decision declaring state-mandated school segregation to be unconstitutional

D,E

McCulloch v. Maryland, the Supreme Court established which of the following principles? a A. States cannot interfere with or tax the legitimate activities of the federal government. b B. The judicial branch cannot intervene in political disputes between the President and Congress. c C. The federal Bill of Rights places no limitations on the states. d D. The federal government has the power to regulate commerce. e E. It is within the judiciary's authority to interpret the constitution.

E

The Supreme Court is aware of public opinion and sensitive to public opinion due to: I. The appointment and confirmation process keep SCOTUS from deviating too far from public opinion II. Congress and State Legislatures can amend the Constitution III. Congress can change the SCOTUS's appellate jurisdiction IV. Congress has the power to change the number of justices on the Court V. Justices can be impeached a All answers except V b II, III, IV c I, II, V d I, II, III e I, II, III, IV, V

E

The appointment of Supreme Court Justices in the 1980's was characterized by a a. quick approval by the Senate of nominees b b. rejection of the majority of appointees c c. limited background checks of the nominees d d. limited input from legal associations and special interest groups e e. bitter confirmation battles over personal and philosophical positions of the nominees

E

The congressional power that has been contested most frequently in the federal courts is the power to a A. establish post offices b B. coin money c C. levy taxes d D. regulate commerce with foreign nations e E. regulate interstate commerce

E

The original jurisdiction of the Supreme Court does not include which of the following? a A case involving a foreign diplomat b A case between two or more states. c A case between one state and citizens of another state d A case between a state and a foreign nation e A case involving an appeal based on denial of due proces

E

greement among four justices on the Supreme Court is always sufficient to a A. decide the outcome of the case b B. write a majority opinion c C. set a precedent d D. overturn a lower court's opinion e E. accept a case for consideration

E

hich of the following is true of the Supreme Court? a The Court hears all cases when two or more justices agree that the case has merit. b In deciding cases, the chief justice's vote counts as two votes. c The Court does not rule on cases in which five justices refuse to sign a single opinion. d Every case appealed to the Supreme Court is ruled upon by the Court. e The Court helps set the public agenda by deciding which appeals to hear.

E

Judicial review case?

Maubyrrry vs mad