The Court in Action
Which of the following presidential actions is an example of court-curbing? a) Appointing justices that shift the ideological balance of the Supreme Court b) Impeaching the Chief Justice of the Supreme Court for controversial rulings c) Instituting term limits for Supreme Court justice's to restrain the influence of certain justices d) Remitting all cases on the Supreme Court docket to lower federal courts
Appointing justices that shift the ideological balance of the Supreme Court (One way the president can challenge the Supreme Court's power of judicial review after several controversial or unpopular decisions is by appointing justices that shift the ideological balance of the Supreme Court. We've seen this shift in the transition from the Warren Court to the Burger Court in the 1970s.)
"This week, we have twice seen Supreme Court Justices violating their judicial oaths. Yesterday, the Justices re-wrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. . . . That is unacceptable. On the substantive front, I have already introduced a constitutional amendment to preserve the authority of elected state legislatures to define marriage as the union of one man and one woman, and also legislation stripping the federal courts of jurisdiction over legal assaults on marriage." Source: Senator Ted Cruz, "We Must Not Submit Our Constitutional Freedoms, and the Promise of our Nation, to Judicial Tyranny," 2015 In which of the following ways could Congress limit the Supreme Court's power of judicial review?
Change the Supreme Court's appellate jurisdiction (Under the exceptions clause of Article III, Congress has the power to limit the Supreme Court's appellate jurisdiction, eliminating its judicial review of certain federal laws or executive orders. We call this jurisdiction-stripping.)
"This week, we have twice seen Supreme Court Justices violating their judicial oaths. Yesterday, the Justices re-wrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. . . . That is unacceptable. On the substantive front, I have already introduced a constitutional amendment to preserve the authority of elected state legislatures to define marriage as the union of one man and one woman, and also legislation stripping the federal courts of jurisdiction over legal assaults on marriage." Source: Senator Ted Cruz, "We Must Not Submit Our Constitutional Freedoms, and the Promise of our Nation, to Judicial Tyranny," 2015 Which of the following actions did Senator Cruz take to address the decisions in Obergefell v. Hodges?
Proposing legislation changing the authority of federal courts to hear these cases (In the excerpt, Senator Cruz writes that he has proposed "legislation stripping the federal courts of jurisdiction" from same-sex marriage cases.)
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? a) Refuse to implement the decision b) Fire and replace Supreme Court justices c) Place term limits on the Supreme Court justices d) Change the size of the Supreme Court
Refuse to implement the decision (The president can refuse to implement and enforce a Supreme Court decision if they disagree with it. During the Civil War, Abraham Lincoln refused to enforce the Court's decision that suspending habeas corpus was unconstitutional.)
"This week, we have twice seen Supreme Court Justices violating their judicial oaths. Yesterday, the Justices re-wrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5-4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. . . . That is unacceptable. On the substantive front, I have already introduced a constitutional amendment to preserve the authority of elected state legislatures to define marriage as the union of one man and one woman, and also legislation stripping the federal courts of jurisdiction over legal assaults on marriage." Source: Senator Ted Cruz, "We Must Not Submit Our Constitutional Freedoms, and the Promise of our Nation, to Judicial Tyranny," 2015 Which of the following explains Senator Cruz's motivation for writing the excerpt above?
Senator Cruz believes that the Supreme Court made several controversial decisions that undermine states' rights under the Constitution. (In the excerpt, Senator Cruz reacts to two controversial Supreme Court decisions on the constitutionality of the Affordable Care Act and laws banning same-sex marriage. In response to the decisions, he proposes two measures to limit the impact of the Supreme Court's decision in Obergefell v. Hodges.)
Congress is most likely to use a court-curbing measure, like changing the appellate jurisdiction of the Supreme Court, when: a) The American public does not support the Supreme Court's decision. b) The American public does not care about the outcome of the Supreme Court decision. c) The states are trying to pass an amendment undermining a Supreme Court decision. d) The decision affects the balance of power between the states and the federal government.
The American public does not support the Supreme Court's decision. (When a decision is unpopular with the American public, Congress has used court-curbing measures, like changing the appellate jurisdiction of the Supreme Court, to limit the Court's power of judicial review.)
The president is most likely to use a court-curbing measure, like refusing to enforce a Supreme Court decision, when: a) The Supreme Court's decision is controversial b) The Supreme Court is divided along ideological lines c) Congress threatens to pass legislation making the decision law d) Congress is dominated by a different party than the president
The Supreme Court's decision is controversial
Under Chief Justice Warren, the Supreme Court established several precedents which drew criticism for interfering with state powers and the powers of the other branches. Which of the following actions may the president take to change how the Supreme Court rules on similar cases in the future? a) Appoint new justices to the Supreme Court b) Pass legislation changing the Court's jurisdiction c) Veto parts of the Court's decision d) Fire and replace Supreme Court justices
Appoint new justices to the Supreme Court (The president can limit the Supreme Court's power by appointing justices who change the ideology 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. (In the excerpt, the author writes that because the Supreme Court is deciding controversial issues and releasing unpopular decisions, "the result is dwindling public faith in both institutions:" Congress and the Supreme Court. This can lead to questions about the legitimacy of the Supreme Court as a judicial body and whether it has a right to settle controversial issues.)
Which of the following constitutional provisions gives Congress the power to change the Supreme Court's appellate jurisdiction? a) Exceptions clause in Article III b) Supremacy clause in Article VI c) Judicial review in Article III d) Due process in the Fourteenth Amendment
Exceptions clause in Article III (The exceptions clause in Article III gives Congress the power to make exceptions to the appellate jurisdiction of the Supreme Court.)
In 2010, the Supreme Court issued a controversial decision that struck down a federal law banning corporations and unions from donating to federal elections. Which of the following steps may Congress take to limit the Supreme Court's power? a) Pass legislation changing the Court's appellate jurisdiction b) Send the case back to a lower court and ignore the Supreme Court's decision c) Exercise oversight authority over how each individual justice ruled d) Filibuster decisions made by the Supreme Courts until Congress can pass a new law
Pass legislation changing the Court's appellate jurisdiction (Congress can limit the Court's appellate jurisdiction on a case under Article III, section two of the Constitution.)
Following the Supreme Court's decision in Engel v. Vitale (1962) banning school prayer, members of Congress organized to limit the impact of the decision by proposing amendments to the Constitution allowing school prayer. Which of the following is another action that Congress could take to promote devotional activities in public schools? a) Propose legislation changing federal court's authority to hear similar cases b) Veto parts of the Court's decision under the Tenth Amendment c) Fire the Supreme Court justices and replace them with sympathetic justices d) Place eighteen-year term limits on the Supreme Court justices
Propose legislation changing federal court's authority to hear similar cases (Congress can limit federal court's jurisdiction on a case under Article III, section two of the Constitution.)
