Judicial Branch Review

Those who believe that the Supreme Court in its rulings should defer to the elective institutions of government are advocating

"judicial restraint"

Which of the following is a primary function of the Senate Judiciary Committee?

Conducting hearings on judicial appointments made by the president

The number of justices on the United States Supreme Court is set by

Congress

Which of the following is empowered to create new federal courts and specify the number of judges who will sit on them?

Congress

The framers of the Constitution designed which of the following to be LEAST responsive to public opinion?

The courts

The idea that judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution is known as

judicial activism

Supreme Court justices were given tenure subject to good behavior by the framers of the Constitution in order to ensure that

justices are free from direct political pressures

The doctrine of original intent holds that

the meaning of the Constitution depends on the intention of the framers

Presidents have had the most success in changing the direction of decisions of the federal judiciary by

using the appointment process to select judges with judicial philosophies similar to those of the President

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.

Which of the following is a way Congress can influence the federal judiciary?

It can change appellate jurisdiction of federal courts.

Which of the following best explains the principle of stare decisis?

It encourages judges to follow precedent when deciding cases.

The doctrine of stare decisis is significant for which of the following reasons?

It is the principle that affirms that courts are bound by prior decisions.

Which of the following United States Supreme Court cases established the principle of judicial review?

Marbury v. Madison

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)

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

Which of the following statements best describes the Supreme Court's actions with respect to disputes between Congress and the President?

The Court generally has tried to avoid deciding conflicts between Congress and the President.

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.

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

The difference between an appellate court and a district court is that an appellate court

reviews previous court decisions

In the United States judicial system, when a judge decides a case based on decisions rendered in similar cases in the past, the judge is following the principle of

stare decisis

The Supreme Court's power of judicial review permits the Court to overrule all of the following EXCEPT

the Bill of Rights

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

Article III

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.

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

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?

Pass legislation that would limit the impact of the Supreme Court's recent rulings

A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that

Presidents seek to place individuals on the Court whose policy views are similar to their own

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?

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.

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 did the Supreme Court establish in Marbury v. Madison ?

The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution.

Which of the following statements accurately describes the selection of the caseload for the United States Supreme Court?

The Supreme Court is free to choose the cases it hears with only a few limitations.

When a lower court decision is appealed to the Supreme Court, which of the following is most likely to occur?

The Supreme Court will not hear the appeal.

Which of the following best describes the relationship between the Supreme Court and public opinion?

The existence of a public consensus on an issue limits the extent to which the Court will render decisions contrary to that consensus.

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.

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.

Which of the following best defines the term "judicial activism"?

The tendency of judges to interpret the Constitution according to their own views

All of the following serve as checks on the power of the federal courts EXCEPT:

The voters can oust federal judges in national elections.

Which of the following is true of nominees for federal judgeships?

They are appointed for life by the President with the advice and consent of the Senate.

Which of the following is true of most federal judges appointed by the president?

They serve for life on good behavior unless impeached and convicted by Congress.

Which of the following actions can Congress take if the Supreme Court finds a federal law unconstitutional?

Try to amend the Constitution.

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.

In Marburv v. Madison (1803), the Supreme Court assumed the power to

decide on the constitutionality of a law or an executive action

Congress has the constitutional power to control the judicial branch by

determining the size of the Supreme Court

To influence policy making by the federal courts, the president may do all of the following EXCEPT

fire and replace federal judges