AMERICAN GOVERNMENT INSTITUTIONS AND POLICIES 13TH EDITION WILSON SOLUTIONS MANUAL
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CHAPTER 16: The Judiciary
MULTIPLE CHOICE
1. Which recent Supreme Court nominee became the object of a notable Senate rejection?
a. Antonin Scalia
b. Robert Bork
c. Clarence Thomas
d. Samuel Alito
e. Anthony Kennedy
ANS: B REF: 439 NOT: F
2. In recent years, ________ Supreme Court nominees have been treated more roughly by the U.S. Senate.
a. male
b. liberal
c. conservative
d. Democratic
e. moderate
ANS: C REF: 439 NOT: F
3. The reason that the Senate has increasingly paid attention to who becomes a federal judge is
a. the decrease in the number of cases reviewed by appellate courts.
b. controversies in the office of the U.S. Attorney General.
c. the increase in the number of non-unanimous judicial decisions.
d. changes in the rules regarding appeals.
e. the policymaking ability of courts.
ANS: E REF: 440 NOT: F
4. A primary weapon in the government’s system of checks and balances is known as
a. judicial activism.
b. judicial interpretivism.
c. judicial review.
d. judicial standing.
e. judicial bypass.
ANS: C REF: 440 NOT: F
5. Which of the following statements about British courts is true?
a. Judicial review is tightly regulated but fiercely protected.
b. Courts are frequently called on by Parliament to settle procedural issues.
c. No court may strike down a law that Parliament passes.
d. The British federalist system guarantees a minor role for the judiciary.
e. Common law ensures that judges actively participate in the policymaking process.
ANS: C REF: 440 NOT: F
6. Which statement is incorrect?
a. Political liberals can be strict constructionists.
b. Political conservatives can be activists.
c. Activists amplify constitutional principles on the basis of some moral or economic philosophy.
d. Strict constructionists try to confine themselves to rules stated or clearly implied in the Constitution.
e. None of the above
ANS: E REF: 440 NOT: C
7. Seventy years ago, judicial activists tended to be
a. conservatives.
b. liberals.
c. strict constructionists.
d. trial court judges.
e. both B and D.
ANS: A REF: 440 NOT: F
8. Today, judicial activists tend to be
a. conservatives.
b. liberals.
c. strict constructionists.
d. trial court judges.
e. both B and D.
ANS: B REF: 440 NOT: F
9. There have only been ______ chief justices of the United States Supreme Court.
a. sixteen
b. twenty
c. thirty
d. fifty
e. sixty
ANS: A REF: 441 NOT: F
10. The current chief justice of the Supreme Court is
a. Anthony Kennedy.
b. David Souter.
c. Warren Burger.
d. John Paul Stevens.
e. John Roberts.
ANS: E REF: 441 NOT: F
11. Which of the following statements concerning the Founders and the courts is incorrect?
a. Most of the Founders probably expected the Supreme Court to have the power of judicial review.
b. The Founders did not mention judicial review in the Constitution.
c. The Founders did not expect federal courts to play a large role in federal policymaking.
d. The Founders expected that the courts would find law, not make it.
e. None of the above
ANS: E REF: 441 NOT: F
12. In Federalist No. 78, Alexander Hamilton described the judiciary as
a. “the sword of the community.”
b. “least dangerous” to political rights.
c. “command[ing] the purse.”
d. “encouraging factions.”
e. “beyond reproach.”
ANS: B REF: 441 NOT: F
13. Between 1789 and the Civil War, the Supreme Court was primarily occupied with the issues of
a. states’ rights and slavery.
b. trade relations and states’ rights.
c. national supremacy and trade relations.
d. slavery and national supremacy.
e. commerce and civil liberties.
ANS: D REF: 441 NOT: F
14. In McCulloch v. Maryland, the Supreme Court held that
a. states could tax a federal bank.
b. state militias were subservient to the federal armed services.
c. the federal government could pass any laws necessary and proper to the attainment of constitutional ends.
d. the federal government had the power to regulate commerce that occurred among states.
e. the judicial branch had the power to determine the legitimate governing power in the states.
ANS: C REF: 441-442 NOT: F
15. President ________ attacked the Supreme Court bitterly for its decisions.
a. Washington
b. Jackson
c. Jefferson
d. Adams
e. Taylor
ANS: B REF: 442 NOT: F
16. Andrew Jackson selected Roger B. Taney for the Supreme Court because Taney
a. supported the notion of judicial review.
b. supported the notion of judicial supremacy.
c. was an advocate of states’ rights.
d. opposed a narrow interpretation of the commerce clause.
e. had supported Jackson during the campaign.
ANS: C REF: 442 NOT: F
17. A crucial decision involving the protection of private property interpreted the Fourteenth Amendment’s reference to “person” to also mean
a. whites only.
b. adults.
c. labor unions.
d. business firms.
e. males.
ANS: D REF: 442 NOT: F
18. The text suggests judicial activism was born in the a. 1990s.
b. 1980s.
c. 1960s.
d. 1920s.
e. 1880s.
ANS: E REF: 442 NOT: F
19. From the Civil War to the 1930s, the Supreme Court was primarily occupied with
a. the civil rights of former slaves.
b. economic regulation by government.
c. the rights of the criminally accused.
d. the balance of power between states and the federal government.
e. First Amendment freedoms.
ANS: B REF: 442 NOT: F
20. A key principle of the McCulloch decision was that the power granted by the Constitution to the federal government flows from
a. the states.
b. the Declaration of Independence.
c. state constitutions.
d. Supreme Court decisions.
e. the people.
ANS: E REF: 442 NOT: F
21. The principle that the Supreme Court used in overturning Fulton’s monopoly on a New York steamboat operation was that
a. a monopoly is a restraint on trade.
b. patents cannot be issued on recent technology.
c. state law cannot prevail over federal law.
d. interstate commerce cannot be regulated.
e. the indirect effects of commerce are beyond the scope of government regulation.
ANS: C REF: 442 NOT: F
22. Marbury v. Madison had both legal and political significance. Which of the following rulings was of political significance?
a. Congress may not add to the original jurisdiction of the Supreme Court.
b. The Supreme Court may declare void any laws repugnant to the U.S. Constitution.
c. Persons seeking writs of mandamus must go to a lower court.
d. The Supreme Court will try to avoid direct confrontations with other branches of government.
e. Congress can expand or contract the appellate jurisdiction of the Court.
ANS: D REF: 443 NOT: C
23. The commission at issue in Marbury was the result of an attempt by _________ to pack the judiciary with loyal supporters.
a. William Marbury
b. John Marshall
c. Thomas Jefferson
d. James Madison
e. John Adams
ANS: E REF: 443 NOT: F
24. The commission at issue in Marbury was supposed to be delivered by the secretary of state,
a. William Marbury.
b. John Marshall.
c. Thomas Jefferson.
d. James Madison.
e. John Adams.
ANS: B REF: 443 NOT: F
25. Marbury v. Madison had its origins in the aborted commission of ________ and three others.
a. William Marbury
b. John Marshall
c. Thomas Jefferson
d. James Madison
e. John Adams
ANS: A REF: 443 NOT: F
26. The chief justice of the Supreme Court who wrote the opinion in the Marbury case was
a. William Marbury.
b. John Marshall.
c. Thomas Jefferson.
d. James Madison.
e. John Adams.
ANS: B REF: 443 NOT: F
27. The Supreme Court’s opinion in the Marbury case was supported by a ________ vote.
a. unanimous
b. 5
c. 4
d. 3
e. 3
1
2
3
2
ANS: A REF: 443 NOT: F
28. The amazing result of the Marbury decision was that
a. Madison was given his commission.
b. the Court ordered Jefferson to fire Madison.
c. the secretary of state was replaced by John Marshall.
d. Adams was held responsible for the firing of Madison.
e. the Court decided it had no power to decide the case.
ANS: E REF: 443 NOT: F
29. In the Marbury decision, Marshall argued that the ________ jurisdiction of the Supreme Court could not be changed.
a. concurrent
b. appellate
c. original
d. diversity
e. dual
ANS: C REF: 443 NOT: F
30. In Ex Parte McCardle, the Supreme Court ruled that Congress had the power to
a. change the Court’s appellate jurisdiction.
b. change the Court’s original jurisdiction.
c. change both the Court’s original and appellate jurisdiction.
d. increase but not decrease the size of the Court.
e. decrease but not increase the size of the Court.
ANS: A REF: 444 NOT: F
31. Until the 1930s, the Supreme Court interpreted the Fourteenth and Fifteenth Amendments to
a. view civil rights very narrowly.
b. view civil rights very broadly.
c. expand the notion of interstate commerce.
d. contract the notion of interstate commerce.
e. distinguish precedents in a manner that favored minorities.
ANS: A REF: 444 NOT: F
32. If the Court were designed by Franklin Roosevelt’s reorganization plan, it could have as many as ____ members.
a. nine
b. ten
c. twelve
d. thirteen
e. fifteen
ANS: E REF: 444 NOT: F
33. Franklin Roosevelt’s court-packing plan would have allowed him to name a new justice
a. for every incumbent justice older than age seventy.
b. once a year, irrespective of retirements.
c. every time the court struck down one of his laws.
d. to replace any incumbent justice older than age seventy.
e. each time a justice removed himself/herself from a case.
ANS: A REF: 445 NOT: F
34. The Supreme Court’s acceptance of New Deal principles probably avoided
a. a conflict between the president and Congress.
b. the election of a Republican president in 1936.
c. an assault on the Supreme Court by the other branches.
d. the early demise of the New Deal.
e. the creation of an even higher appellate court.
ANS: C REF: 445 NOT: F
35. The Supreme Court entered its most active period with the arrival of Chief Justice
a. Warren.
b. Rehnquist.
c. Burger.
d. Taft.
e. White.
ANS: A REF: 445 NOT: F
36. When Congress passed a law that forbade anyone from carrying a gun near a school, the Supreme Court declared the law invalid because such behavior
a. was protected by the First Amendment.
b. did not affect interstate commerce.
c. was not proven to be dangerous.
d. was jealously guarded by NRA lobbyists.
e. could only violate state law.
ANS: B REF: 446 NOT: A
37. When Congress passed a law allowing Indian Tribes to sue states in federal court, the Supreme Court found the law to be in violation of the notion of
a. full faith and credit.
b. picket fence federalism.
c. the police power of the states.
d. parallel federalism.
e. sovereign immunity.
ANS: E REF: 446 NOT: A
38. In the immediate aftermath of the passage of President Obama’s health care plan, several states argued that it violated the Constitution by
a. raising the eligibility age for federal programs.
b. lowering benefits for recipients in some states, but not others.
c. failing to provide comprehensive coverage.
d. requiring everyone to purchase health insurance.
e. replacing state agencies with federal administrative offices.
ANS: D REF: 446 NOT: C
39. Which of the following are mandated by the U.S. Constitution?
a. The Supreme Court only
b. The Supreme Court and appellate courts
c. The Supreme Court and appellate and district courts
d. Both constitutional and legislative courts
e. Legislative courts
ANS: A REF: 446 NOT: F
40. What does the U.S. Constitution have to say about the size of the Supreme Court?
a. It specifically sets the number of justices at six, later amended to nine.
b. It specifically sets the number of justices at nine.
c. It suggests but does not mandate a Court of nine justices.
d. It does not indicate how large the Court should be.
e. It specifically places the matter in the hands of the House of Representatives.
ANS: D REF: 446 NOT: F
41. Which of the following courts exercise the judicial powers found in Article III of the Constitution?
a. Legislative courts
b. Courts of appeals
c. District courts
d. Constitutional courts
e. Intermediate appellate courts
ANS: D REF: 447 NOT: F
42. One basic difference between a constitutional court and a legislative court is that
a. constitutional court judges handle cases that need not be decided by the Supreme Court.
b. constitutional court judges cannot be fired.
c. legislative court judges handle cases that need not be decided by the Supreme Court.
d. legislative court judges cannot be fired.
e. legislative court judges are not confirmed by the Senate.
ANS: B REF: 447 NOT: F
43. There are 94 ___________ in the federal judiciary.
a. constitutional courts
b. district courts
c. courts of appeal
d. legislative courts
e. supreme courts
ANS: B REF: 447 NOT: F
44. There are thirteen ___________ in the federal judiciary.
a. constitutional courts
b. district courts
c. courts of appeal
d. legislative courts
e. supreme courts
ANS: C REF: 447 NOT: F
45. ___________ are established in the federal judiciary for some special purpose and are staffed by people who have fixed terms of office and can have their salaries reduced.
a. Constitutional courts
b. District courts
c. Courts of appeal
d. Legislative courts
e. Supreme courts
ANS: D REF: 447 NOT: F
46. The Court of Military Appeals is an example of a
a. constitutional court.
b. district court.
c. court of appeal.
d. legislative court.
e. supreme court.
ANS: D REF: 447 NOT: F
47. Democratic judges are more likely to make _______ decisions than Republican judges.
a. quick
b. timely
c. traditional
d. conservative
e. liberal
ANS: E REF: 447 NOT: F
48. The authors suggest there is no reliable way to predict how judges will decide all cases because their decisions are shaped by
a. the facts of the case.
b. prior rulings by other courts.
c. the arguments presented by lawyers.
d. ideology.
e. all of the above.
ANS: E REF: 447 NOT: F
49. The behavior of Justices Holmes, Burger, and Blackmun suggests that
a. presidents can sometimes be mistaken in their prediction about the actions of their judicial appointees.
b. the Supreme Court follows the election returns.
c. presidents clearly control the Supreme Court through their appointments.
d. dissenters on the Supreme Court have more influence than the majority.
e. presidents are rarely concerned with court packing today.
ANS: A REF: 447 NOT: F
50. Senatorial courtesy is an especially important consideration in nominations to
a. legislative courts.
b. courts of appeals.
c. district courts.
d. constitutional courts.
e. intermediate appellate courts.
ANS: C REF: 448 NOT: F
51. When senatorial courtesy is a factor in a nomination, failure to return a “blue slip” means
a. the nomination will be delayed for at least one week.
b. the nomination will likely be rejected by the Senate.
c. the Senate will confirm a nominee in a unanimous vote.
d. the Senate will confirm a nominee in a roll call vote.
e. a nominee will be asked to appear before the Senate Judiciary Committee
ANS: B REF: 448 NOT: A
52. It has been suggested that senators actually appoint district judges, and presidents confirm them, through the practice of
a. senatorial courtesy.
b. advice and consent.
c. legislative vetoes.
d. requiring a two-thirds majority for confirmation.
e. requiring a three-fourths majority for confirmation.
ANS: A REF: 448 NOT: C
53. Which of the following statements about the selection of federal judges is correct?
a. The principle of senatorial courtesy applies to the selection of judges in the legislative courts.
b. Presidents generally appoint judges whose political views reflect their own.
c. Nominees for district court judge often face tough confirmation battles in the Senate.
d. The application of political litmus tests to Supreme Court nominees was established with the nomination of David Souter.
e. Supreme Court nominations have only recently become controversial.
ANS: B REF: 449 NOT: F
54. In judicial appointments, the litmus test can be thought of as a test for
a. decision-making savvy.
b. judicial temperament.
c. ideological purity.
d. the proper experience.
e. a sense of fairness and equity.
ANS: C REF: 449 NOT: C
55. Typically, those who complain about the litmus testing of judicial candidates are
a. in power.
b. out of power.
c. liberal.
d. conservative.
e. centrist.
ANS: B REF: 449 NOT: F
56. In recent years, the percentage of nominees to federal court who have been confirmed by the Senate
a. has increased significantly.
b. has increased somewhat.
c. has remained about the same.
d. has decreased somewhat.
e. has decreased significantly.
ANS: E REF: 449 NOT: F
57. The authors suggest the chief motive for using the litmus test involves a judicial nominee’s views on
a. abortion.
b. affirmative action.
c. gender discrimination.
d. the rights of criminal defendants.
e. states’ rights.
ANS: A REF: 449 NOT: F
58. The “gang of fourteen” vowed to work together to avoid
a. nomination of individuals to the federal courts who did not have judicial experience.
b. any discussion of abortion in Senate Judiciary Committee hearings.
c. the use of litmus tests by presidents.
d. the filibuster of judicial nominees.
e. none of the above.
ANS: D REF: 449 NOT: F
59. The litmus test is perhaps of greatest importance in nominations to
a. constitutional courts.
b. district courts.
c. courts of appeal.
d. legislative courts.
e. the Supreme Court.
ANS: E REF: 449 NOT: F
60. In the twentieth century, the number of Supreme Court nominees rejected by the Senate was
a. zero.
b. fewer than ten.
c. between ten and twenty.
d. more than twenty.
e. more than thirty.
ANS: B REF: 449 NOT: F
61. The dual-court system of the United States refers to
a. trial and appellate courts.
b. criminal and civil courts.
c. statutory and common law courts.
d. federal and state courts.
e. legislative and constitutional courts.
ANS: D REF: 450 NOT: F
62. A diversity case is one involving
a. the jurisdiction of more than one appellate court.
b. the jurisdiction of more than one district court.
c. citizens of different states.
d. a writ of certiorari.
e. a writ of mandamus.
ANS: C REF: 450 NOT: F
63. If citizens of different states wish to sue each other, their case can be heard in either a state or a federal court if it involves more than
a. $10,000.
b. $25,000.
c. $50,000.
d. $75,000.
e. $200,000.
ANS: D REF: 450 NOT: F
64. Citizen X robs a state bank that is insured by the federal government. He can be prosecuted in
a. a federal court.
b. a federal or a state court, or both.
c. a state court.
d. an appellate court.
e. an intermediate appellate court.
ANS: B REF: 450 NOT: F
65. The litigation involving four police officers accused of beating Rodney King illustrates the fact that
a. some defendants are tried in both state and federal courts.
b. some cases can be tried only in state courts.
c. civil rights cases can be tried only in federal courts.
d. one level of government can block the prosecutions of another.
e. cases cannot be appealed across the state and federal judiciary.
ANS: A REF: 450 NOT: F
66. The majority of cases heard by federal courts begin in
a. district courts.
b. state courts.
c. municipal courts.
d. appellate courts.
e. circuit courts.
ANS: A REF: 451 NOT: F
67. Certiorari is a Latin word meaning, roughly,
a. “beyond all uncertainties.”
b. “certified.”
c. “to be heard.”
d. “rule of four.”
e. “made more certain.”
ANS: E REF: 451 NOT: F
68. The Supreme Court will grant cert and hear a case if ____ justices agree to do so.
a. two
b. three
c. four
d. five
e. six
ANS: C REF: 452 NOT: F
69. Which of the following significantly increases the odds that the Supreme Court will review a case?
a. Two or more federal courts of appeals have decided the same issue in different ways.
b. The highest court in a state has held a federal law in violation of the Constitution.
c. The highest court in a state has held a state law in violation of the Constitution.
d. The highest court in a state has upheld a state law against a claim that it is in violation of the Constitution.
e. All of the above
ANS: E REF: 452 NOT: F
70. In a typical year, the Supreme Court may consider over ______ petitions asking it to review decisions of lower or state courts.
a. one thousand
b. two thousand
c. five thousand
d. seven thousand
e. thirty thousand
ANS: D REF: 452 NOT: F
71. In a typical year, the Supreme Court rarely gives full review to more than about __________________ of the petitions that request review of the decisions of lower or state courts.
a. ten
b. one hundred
c. one thousand
d. three thousand
e. ten thousand
ANS: B REF: 452 NOT: F
72. What is the relationship between an appeal and certiorari?
a. Judges must hear all appeals but only some certiorari.
b. A case granted certiorari may be heard in either state or federal court.
c. Appeals are paid for by plaintiffs, certiorari by defendants.
d. Only some appeals are granted certiorari.
e. Appeals are directed to appellate courts, whereas a writ of certiorari is sought from a trial court.
ANS: D REF: 452 NOT: C
73. One unintended consequence of the Supreme Court’s heavy caseload is an increase in the influence wielded by
a. the chief justice.
b. associate justices.
c. the attorney general.
d. the deputy attorney general.
e. law clerks.
ANS: E REF: 452 NOT: F
74. Which of the following observations about the Supreme Court’s law clerks is incorrect?
a. They play a big role in deciding which cases are granted certiorari.
b. They are recent law school graduates.
c. They are confirmed by the Senate.
d. Some of the opinions written by the justices are drafted by the clerks.
e. None of the above
ANS: C REF: 452 NOT: C
75. Clarence Gideon managed to have his case heard before the Supreme Court by
a. filing a mandatory appeal.
b. claiming diversity of citizenship.
c. seeking expert legal assistance.
d. filing as a pauper.
e. appealing to the Court in a personal letter.
ANS: D REF: 452 NOT: F
76. Two common ways for a plaintiff to lower the costs of an appeal are by filing and being heard as a pauper (in forma pauperis) and by
a. finding an interest group to support the case.
b. filing a writ of certiorari.
c. asking the courts to rule in absentia.
d. suing under the principle of sovereign immunity.
e. applying for a writ of mandamus.
ANS: A REF: 452 NOT: F
77. An organization that has been influential in getting First Amendment cases appealed to the Supreme Court is the
a. National Rifle Association (NRA).
b. National Taxpayers’ Union.
c. AFL-CIO.
d. American Civil Liberties Union (ACLU).
e. National Organization for Women (NOW).
ANS: D REF: 453 NOT: F
78. Fee shifting is the practice of
a. dividing attorneys’ fees among all participants in a class-action suit.
b. reducing fees if the votes of appellate court judges are divided.
c. getting the government to pay the fees of all parties.
d. having attorneys adjust their fees according to their experience and the damages awarded.
e. getting the loser to pay court costs.
ANS: E REF: 453 NOT: F
79. When a citizen sues and wins a suit against a government official for withholding a benefit to which that citizen is entitled, such a suit is called a
a. First Amendment suit.
b. civil rights suit.
c. common law suit.
d. Section 1983 suit.
e. civil liberties suit.
ANS: D REF: 453 NOT: F
80. Christopher sues his buddy Jack in hopes that Jack will win, because he wants to prove Jack is right. The case is not likely to be entertained by courts because
a. it probably involves a small sum.
b. courts do not declare winners and losers.
c. litigants are not allowed to know each other.
d. there is no true controversy.
e. both A and B.
ANS: D REF: 453 NOT: C
81. Courts do not issue _________ opinions.
a. advisory
b. diverse
c. unanimous
d. contentious
e. multiple
ANS: A REF: 453 NOT: F
82. Taxpayer X believes that the federal Endangered Species Act is unconstitutional. Before his case can be heard on its merits, he will have to show that
a. he has exhausted all other means to settle his grievance.
b. more than $10,000 is involved.
c. he has suffered personal harm as a result of enforcement of the act.
d. Congress will not change the law.
e. the legislative branch is incapable of addressing the issue in a competent manner.
ANS: C REF: 453 NOT: C
83. Under the doctrine of sovereign immunity, a citizen cannot
a. sue the government without its consent.
b. bring two suits against one individual for the same crime.
c. bring the same suit to courts in two different states.
d. appeal a case that has already been ruled on by the Supreme Court.
e. appeal a case that was decided more than one year earlier.
ANS: A REF: 454 NOT: F
84. The president’s helicopter lands in your rose garden and causes thousands of dollars’ worth of damage to your prize roses. Can you sue the government for damages?
a. Yes, without qualification.
b. Yes, but only if the government gives its consent under the sovereign immunity doctrine.
c. No, because the government can be sued only when personal injury is involved.
d. No, because the sovereign immunity doctrine protects the government from lawsuits.
e. No, unless a neutral magistrate determines the act was intentional.
ANS: B REF: 454 NOT: C
85. The Supreme Court ruled against a taxpayer who brought suit to force the CIA to
a. disband and become a branch of the navy.
b. suspend operations in Greece.
c. reveal the names of all agents.
d. end covert activity in South America.
e. make its budget public.
ANS: E REF: 454 NOT: F
86. Brown v. Board of Education is an example of a
a. taxpayer suit.
b. class-action suit.
c. Section 1983 suit.
d. reapportionment suit.
e. client participatory suit.
ANS: B REF: 454 NOT: F
87. The major reason class-action suits became more common after the 1960s was that
a. they became financially attractive to lawyers.
b. laws changed to deregulate such suits.
c. the requirements for bringing such suits to court were easy to satisfy.
d. attorneys’ fees could be shared among all plaintiffs.
e. bar associations have insisted that lawyers participate in them.
ANS: A REF: 454 NOT: F
88. Beginning in 1974, the Supreme Court reacted to the implications of class-action suits by greatly
a. expanding settlement awards.
b. reducing settlement awards.
c. tightening the rules governing class-action suits.
d. easing the rules governing class-action suits.
e. expanding the scope of such suits in the field of commercial activity.
ANS: C REF: 454 NOT: F
89. The youngest justice on the current U.S. Supreme Court is
a. Elena Kagan.
b. David Souter.
c. Anthony Kennedy.
d. Sonia Sotomayor.
e. Clarence Thomas.
ANS: A REF: 455 NOT: F
90. Among the current members of the U.S. Supreme Court there is (are) ________ woman(en).
a. no
b. one
c. three
d. four
e. five
ANS: C REF: 455 NOT: F
91. The most common background or professional experience among members of the current Supreme Court is experience as a
a. attorney general.
b. state judge.
c. prosecutor.
d. defense attorney.
e. federal judge.
ANS: E REF: 455 NOT: F
92. Republican presidents have appointed _____ of the current members of the Supreme Court.
a. nine
b. six
c. five
d. three
e. two
ANS: C REF: 455 NOT: F
93. The text argues that getting into court depends most strongly on having
a. a just cause and standing.
b. standing and resources.
c. resources and an opponent.
d. an opponent and a just cause.
e. a litigious action and connections in the judiciary.
ANS: B REF: 455 NOT: F
94. The Supreme Court’s term begins in the month of
a. January.
b. August.
c. October.
d. November.
e. December.
ANS: C REF: 455 NOT: F
95. In most cases presented to the Supreme Court, the bulk of the argumentation presented by either side will be found in the
a. brief.
b. certiorari petition.
c. oral argument.
d. per curiam decision.
e. complaint.
ANS: A REF: 455 NOT: F
96. Oral arguments before the Supreme Court usually feature
a. half-hour presentations from each side.
b. hour-long presentations from each side.
c. three hours of presentations.
d. two hours of presentations and one hour of questions.
e. two hours of presentations and two hours of questions.
ANS: A REF: 456 NOT: F
97. The function of the U.S. solicitor general is to
a. approve every case the federal government presents to the Supreme Court.
b. enforce the decisions of the Supreme Court.
c. serve as the principal legal adviser, or counsel, to members of the Supreme Court.
d. maintain order in the Supreme Court’s courtroom.
e. direct participants in oral argument before the Supreme Court.
ANS: A REF: 456 NOT: F
98. “Amicus curiae” is usually translated as
a. no probably jurisdiction.
b. amicable, but curious.
c. without cause.
d. friend of the court.
e. no substantial federal question.
ANS: D REF: 456 NOT: C
99. An interest group such as the ACLU or the NAACP is most likely to attempt to influence the Supreme Court by
a. appealing a decision directly to the president.
b. consulting in the nomination process of a new Supreme Court justice.
c. writing an amicus curiae brief.
d. raising a political question with the solicitor general.
e. lobbying the American Bar Association.
ANS: C REF: 456 NOT: C
100. Sources of influence on Supreme Court justices include all of the following except
a. the ACLU.
b. amicus curiae.
c. law reviews.
d. the NAACP.
e. legal aid societies.
ANS: E REF: 456 NOT: C
101. A chief justice is able to exercise his/her influence most effectively by
a. setting the agenda.
b. guiding the voting.
c. guiding the debate.
d. enforcing the decision.
e. directing oral argument.
ANS: C REF: 456 NOT: F
102. What happens if a vote by the Supreme Court results in a tie?
a. The chief justice breaks the tie.
b. A majority of both houses of Congress decides the case.
c. The lower-court decision is left standing.
d. A vote cannot end in a tie because all nine justices must participate in every vote.
e. The U.S. attorney general casts the deciding vote.
ANS: C REF: 456 NOT: F
103. Which type of opinion is usually brief and unsigned?
a. Majority
b. Per curiam
c. Concurring
d. Dissenting
e. Mandatory
ANS: B REF: 456 NOT: F
104. Justice Ruth Bader Ginsburg votes with a majority of Supreme Court justices on a particular case, even though her reasoning differs from the others. She may choose to express her reasons in a(n)
a. dissenting opinion.
b. concurring opinion.
c. opinion of the Court.
d. per curiam opinion.
e. plurality opinion.
ANS: B REF: 456 NOT: C
105. Among the types of written opinions issued by the Supreme Court are all of the following except
a. majority.
b. per curiam.
c. concurring.
d. dissenting.
e. mandatory.
ANS: E REF: 456 NOT: F
106. The conservative bloc of the Supreme Court includes
a. Samuel Alito.
b. John Roberts.
c. Antonin Scalia.
d. Clarence Thomas.
e. all of the above.
ANS: E REF: 457 NOT: F
107. As a result of two clear blocs of liberal and conservative justices, Justice ______ often casts a “swing vote” on the Supreme Court.
a. Breyer
b. Stevens
c. Kennedy
d. Ginsburg
e. Roberts
ANS: C REF: 457 NOT: F
108. The number of federal laws that the Supreme Court has declared unconstitutional is
a. fewer than twenty.
b. approximately fifty.
c. between seventy-five and one hundred.
d. well in excess of one hundred.
e. over three thousand.
ANS: D REF: 457 NOT: F
109. One measure of the policymaking role of the Supreme Court is the frequency with which it
a. supports the president.
b. supports Congress.
c. departs from stare decisis.
d. challenges interest groups.
e. upholds precedent.
ANS: C REF: 457 NOT: C
110. “Stare decisis” is usually translated as
a. let the decision stand.
b. standing against the decision.
c. friend of the court.
d. no probable jurisdiction.
e. stern defense.
ANS: A REF: 457 NOT: C
111. An important reason that federal courts follow precedent is that
a. lower court judges have less expertise than members of the Supreme Court.
b. the Fourteenth Amendment requires that they follow precedent to avoid conflict with state courts.
c. the practice of stare decisis makes judicial decision making chaotic.
d. appellate courts are less likely to agree among themselves if the standards of decision making are too rigid.
e. equal justice requires similar cases to be decided the same way.
ANS: E REF: 457 NOT: F
112. When a federal judge orders the reorganization of a state prison system in a case brought by a single convict, the judge is issuing a
a. partisan decision.
b. stare decisis.
c. writ of certiorari.
d. policymaking remedy.
e. concurring opinion.
ANS: D REF: 458 NOT: C
113. The argument that courts are the last resort for the powerless is most likely to be used by those favoring
a. judicial activism.
b. strict constructionism.
c. interpretivism.
d. conservative causes.
e. natural jurisprudence.
ANS: A REF: 459 NOT: C
114. Cases that come before the courts usually originate from
a. ambitious lawyers.
b. contending interests.
c. conflicting laws.
d. free-speech violations.
e. incompetent trial court judges.
ANS: B REF: 459 NOT: F
115. The fastest-growing portion of the federal courts’ civil workload involves
a. economic regulation.
b. environmental protection.
c. states’ rights.
d. civil rights.
e. libel.
ANS: D REF: 459 NOT: F
116. Federal courts are frequently provided with opportunities to design remedies, in part, because Congress
a. issues mandates to courts that encourage judicial activism.
b. nominates federal judges.
c. confirms judges without the advice of bar associations.
d. strips agencies of their regulatory powers.
e. writes laws that require interpretation through litigation.
ANS: E REF: 459 NOT: F
117. Each of the following is a measure of the power of the federal courts except
a. the reluctance of these courts to deal with political questions.
b. the number of state laws they declare unconstitutional.
c. the number of federal laws they declare unconstitutional.
d. the number of prior cases they overturn.
e. the kinds of remedies they impose to correct situations.
ANS: A REF: 460-462 NOT: C
118. A study of appellate court reviews of decisions made by regulatory agencies found that the agencies’ position was supported by the courts
a. in almost every case.
b. approximately two-thirds as often as it was reversed.
c. approximately as often as it was reversed.
d. in a distinct minority of the cases.
e. rarely, if ever.
ANS: B REF: 460 NOT: F
119. The fact that prayer continues in some public schools, even though the Supreme Court has declared it unconstitutional, is an example of
a. the slowness of the appeals process.
b. ambiguity in the Court’s decisions.
c. lack of effective enforcement by the Court.
d. the power of state governments to countermand judicial rulings.
e. the complexity of the rules relating to federal and state courts.
ANS: C REF: 460 NOT: C
120. One restraint under which the federal courts operate is that
a. public opinion and election politics can undermine their efforts.
b. their decisions can sometimes be ignored.
c. the president can always fire a federal judge.
d. Congress can always impeach a federal judge for backing an unpopular position.
e. Congress can reduce the salary of federal judges.
ANS: B REF: 460 NOT: F
121. The 1952 steel mill seizure case is an example of the
a. limits of judicial power.
b. U.S. commitment to the electoral process.
c. ability of the Supreme Court to check the president.
d. conflicting roles of the judicial and legislative branches of government.
e. lack of consistency in the legislative process.
ANS: C REF: 460 NOT: F
122. About ____ federal judges have been impeached in U.S. history.
a. four
b. seven
c. nine
d. fifteen
e. sixty-seven
ANS: D REF: 460 NOT: F
123. The willingness of the Supreme Court to deal with congressional redistricting is an example of judicial
a. power.
b. fairness.
c. partisanship.
d. reaction.
e. objectivity.
ANS: A REF: 461 NOT: C
124. Congressional desire to influence the Supreme Court during and after the Civil War may have been evident in
a. changes in the size of the Court.
b. attempted impeachments.
c. investigations into the lives of justices.
d. the arrests of two justices.
e. legislation that limited the amount of time for oral argument.
ANS: A REF: 461 NOT: C
125. Which amendment was passed so a citizen could not sue a state in federal court?
a. Ninth Amendment
b. Tenth Amendment
c. Eleventh Amendment
d. Thirteenth Amendment
e. Sixteenth Amendment
ANS: C REF: 461 NOT: F
126. The Thirteenth, Fourteenth and Fifteenth Amendments overturned
a. Dred Scott v. Sandford.
b. Marbury v. Madison.
c. McCulloch v. Maryland.
d. Brown v. Board of Education.
e. Buck v. Bell.
ANS: A REF: 461 NOT: F
127. One practicable way that Congress can get around an unfavorable Supreme Court ruling on a law is to
a. remove the judges who voted against the law.
b. overturn the Court’s ruling.
c. repass the law in slightly altered form.
d. strip the Court of its enforcement authority.
e. contradict the original jurisdiction of the Court.
ANS: C REF: 461 NOT: F
128. Congress has the power to decide the jurisdiction of lower federal courts. This means that
a. Congress can determine the number of judges that sit on each court.
b. Congress can decide which judges will hear which cases before these courts.
c. Congress can veto decisions of lower courts, unlike those of the Supreme Court.
d. lower courts cannot declare an act of Congress unconstitutional.
e. Congress can decide what types of cases these courts hear.
ANS: E REF: 461 NOT: F
129. In the 1868 habeas corpus case involving a Mississippi newspaper editor named McCardle, Congress sought to thwart the Supreme Court by
a. threatening to impeach the justices.
b. withdrawing part of the Court’s appellate jurisdiction.
c. changing the original jurisdiction of the Court.
d. changing the size of the Court.
e. removing the Court from its building.
ANS: B REF: 461 NOT: F
130. Withdrawing some of the appellate jurisdiction of the Supreme Court would probably shift policymaking to
a. lower federal courts and state courts.
b. Congress.
c. the president.
d. state prosecutors.
e. state governors.
ANS: A REF: 461 NOT: C
131. Which of the following statements about the Dred Scott decision is correct?
a. It exceeded the formal authority of the Supreme Court.
b. It infuriated public opinion and harmed the Supreme Court.
c. It resulted from an inaccurate determination of facts.
d. It was widely applauded throughout the nation.
e. It was the primary cause of the Civil War.
ANS: B REF: 462 NOT: F
132. Historically, the Supreme Court has been especially activist when
a. Congress was in transition from control by one party to control by the other.
b. the political system was undergoing considerable change.
c. the president was weak and indecisive.
d. Congress was weak and the president was strong.
e. the states were without power.
ANS: B REF: 462 NOT: C
133. Public confidence in the Supreme Court since 1976 has
a. remained unchanged.
b. seesawed dramatically.
c. increased steadily.
d. decreased steadily.
e. decreased steadily except in election years.
ANS: B REF: 462 NOT: F
134. Public confidence in the Supreme Court at any given time is most closely related to
a. the appointment of a new justice to the Court.
b. decisions that reflect either a clearly liberal or a clearly conservative outlook.
c. the popularity of government as a whole.
d. the performance of the economy, especially with regard to inflation.
e. the perception of division on the Court.
ANS: C REF: 462 NOT: F
TRUE/FALSE
1. Until recently, most nominations to the Supreme Court have been routinely approved.
ANS: T REF: 438-439
2. In recent years, conservative nominees to the Supreme Court have been approved more easily.
ANS: F REF: 439
3. The judiciary has played an increasingly important role in making public policy.
ANS: T REF: 440
4. Since 1789, the Supreme Court has exercised judicial review over federal legislation more than three hundred times.
ANS: F REF: 440
5. Great Britain has a strong tradition of judicial review.
ANS: F REF: 440
6. American judges are the only judges in the world with the power of judicial review.
ANS: F REF: 440
7. In reality, judicial review runs counter to the tradition of checks and balances in this country.
ANS: F REF: 440
8. A judge can be liberal and still believe that they are bound by the language of the Constitution.
ANS: T REF: 440
9. A judge can be both an activist and a conservative.
ANS: T REF: 440
10. Seventy years ago, judicial activists tended to be conservative.
ANS: T REF: 440
11. The Founders would be surprised that the judiciary has played such a strong role in public-policy formation.
ANS: T REF: 441
12. Alexander Hamilton described the judiciary as the “most dangerous branch.”
ANS: F REF: 441
13. Chief Justice John Marshall was a strong advocate of state’s rights and the supremacy of state law (over federal law).
ANS: F REF: 442
14. The Supreme Court ruled against a licensing scheme that restricted Robert Fulton’s ability to navigate the rivers of New York.
ANS: T REF: 442
15. Andrew Jackson was notable for his confrontational relationship with the Supreme Court.
ANS: T REF: 442
16. Chief Justice Taney ruled that Negroes were not citizens of the United States and could not become citizens.
ANS: T REF: 442
17. The dominant issue in the federal courts in the period following the Civil War was whether the economy could be regulated by state and federal governments.
ANS: T REF: 442
18. Judicial activism was born in the 1880s and 1890s.
ANS: T REF: 442
19. In the period between the Civil War and the New Deal, the Supreme Court almost never allowed restrictions on business.
ANS: F REF: 442
20. Historically, the Supreme Court has invited and exploited every opportunity for clear confrontation with the other branches of government.
ANS: F REF: 443
21. Marbury v. Madison featured last- minute appointments by Thomas Jefferson.
ANS: F REF: 443
22. By today’s standards of judicial ethics, John Marshall would probably not have participated in the Court’s decisions in Marbury v. Madison.
ANS: T REF: 443
23. The Opinion of the Court in Marbury was unanimous.
ANS: T REF: 443
24. The Supreme Court declared a portion of the Judiciary Act of 1789 “unconstitutional.”
ANS: T REF: 443
25. When all was said and done, William Marbury’s commission was not delivered, and he did not get the position that he desired.
ANS: T REF: 443
26. Marbury v. Madison helped clarified and enlarged the powers of the early Supreme Court.
ANS: T REF: 443
27. In the first seventy-five years of this country’s history, the Supreme Court held only two federal laws unconstitutional.
ANS: T REF: 443
28. During the period from 1936 to the present, the Supreme Court established the tradition of the courts’ deferring to the legislature on economic issues.
ANS: T REF: 444
29. At the outset of the New Deal, the Supreme Court was dominated by justices who opposed the welfare state and federal regulation.
ANS: T REF: 444
30. If Franklin Roosevelt’s court-packing plan had been realized, the Supreme Court could have had as many as fifteen members.
ANS: T REF: 445
31. Roosevelt’s court-packing plan clearly influenced Justice Roberts to change his voting behavior.
ANS: F REF: 445
32. Eventually, Roosevelt made seven appointments to the Supreme Court.
ANS: T REF: 445
33. The Supreme Court reached its highest point of activism during the tenure of Chief Justice Earl Warren.
ANS: T REF: 445
34. Some recent Supreme Court cases suggest that the Court has not abandoned the idea that states have some constitutional power to resist federal authority.
ANS: T REF: 446
35. The Supreme Court and the U.S. Court of Appeals are the only federal courts that the Constitution requires.
ANS: F REF: 446
36. The Constitution specifies that the number of justices on the Supreme Court should be between six and nine.
ANS: F REF: 446-447
37. One characteristic of constitutional courts as opposed to legislative courts is that constitutional court judges cannot be fired.
ANS: T REF: 447
38. There are ninety-four U.S. district courts in the federal court system.
ANS: T REF: 447
39. Judges in legislative courts serve for life.
ANS: F REF: 447
40. Judges who are Democrats are more likely to make liberal decisions.
ANS: T REF: 447
41. Oliver Wendell Holmes and Warren Burger are examples of Supreme Court justices whose decisions surprised the presidents who appointed them.
ANS: T REF: 447
42. Warren Burger is an example of a justice whose decisions met the expectations of the president who nominated him.
ANS: F REF: 447
43. Gender, race, and ethnicity are important factors in selecting judges.
ANS: T REF: 448
44. The tradition of senatorial courtesy gives heavy weight to the preferences of the senators from the state where a federal district judge is to serve.
ANS: T REF: 448
45. Senators wield great influence over the appointment of lower federal judges.
ANS: T REF: 448
46. It is possible for different interpretations of federal law to exist in the various judicial circuits.
ANS: T REF: 448
47. Complaints about the use of a political litmus test for judicial nominees usually come from those who are out of power.
ANS: T REF: 449
48. The text suggests that the political litmus test has grown in importance in recent years.
ANS: T REF: 449
49. In recent years, a large majority of nominees to the U.S. courts of appeal are confirmed by the Senate.
ANS: F REF: 449
50. The Senate could adopt a rule preventing filibusters of judicial nominations if it wanted.
ANS: T REF: 449
51. The “gang of fourteen” vowed to block the filibuster of judicial nominations in any and all circumstances.
ANS: F REF: 449
52. A political litmus test has its greatest impact on nominees to the Supreme Court.
ANS: T REF: 449
53. Supreme Court nominees were rejected as often as they were confirmed during the twentieth century.
ANS: F REF: 450
54. By a dual-court system, we mean one that has both constitutional and legislative courts.
ANS: F REF: 450
55. The U.S. Constitution does not specifically spell out the jurisdiction of the federal courts.
ANS: F REF: 450
56. A diversity case involves both a state and a federal litigant.
ANS: F REF: 450
57. Some cases can be tried in either federal or state courts.
ANS: T REF: 450
58. In order for a case to be heard in a federal court, it must involve more than $75,000.
ANS: T REF: 450
59. Sometimes defendants can be tried in both state and federal courts for offenses related to the same crime.
ANS: T REF: 450
60. The decisions of state courts cannot be appealed to the U.S. Supreme Court.
ANS: F REF: 450
61. Those who lose cases before federal regulatory commissions can always appeal to the Supreme Court.
ANS: F REF: 450
62. Most cases heard by federal courts begin in appellate courts.
ANS: F REF: 451
63. Most cases heard in the U.S. district courts involve rather straightforward applications of law.
ANS: T REF: 451
64. The Supreme Court does not have to hear any appeal that it does not want to hear.
ANS: T REF: 451
65. Approval of a petition for certiorari requires a majority of the justices.
ANS: F REF: 451
66. Relatively few cases that are appealed are granted certiorari.
ANS: T REF: 452
67. One consequence of the Supreme Court’s heavy workload is the increase in influence wielded by law clerks.
ANS: T REF: 452
68. An application for certiorari costs about $3,000.
ANS: F REF: 452
69. Very few of the petitions that are sent to the Supreme Court each year are in forma pauperis.
ANS: F REF: 452-453
70. When a corporation is found guilty of violating antitrust laws, it must pay the legal fees of the winner. This is called fee shifting.
ANS: T REF: 453
71. The Supreme Court allows fee shifting for cases not authorized by statute.
ANS: F REF: 453
72. “Standing” is a legal concept that determines who is entitled to bring a case.
ANS: T REF: 453
73. Personal harm must be demonstrated before standing is granted.
ANS: T REF: 453
74. A person cannot sue the government without its consent.
ANS: T REF: 454
75. The Brown v. Board of Education desegregation suit in 1954 benefited a broad category of people not formally involved in the case.
ANS: T REF: 454
76. Both the NAACP and Linda Brown benefited financially from the Supreme Court’s ruling in Brown v. Board of Education.
ANS: F REF: 454
77. After 1974, the rules pertaining to class-action suits were loosened to allow more cases to be brought to court.
ANS: F REF: 454
78. It is usually difficult to bring a class-action suit in most state courts.
ANS: F REF: 455
79. The text suggests that some class-action suits are frivolous attempts at large monetary verdicts.
ANS: T REF: 455
80. The Supreme Court’s term begins in the month of August.
ANS: F REF: 455
81. Only rarely is the federal government named as a party to a case before the Supreme Court.
ANS: F REF: 456
82. Amicus briefs are filed by persons who are not directly involved in a case.
ANS: T REF: 456
83. Amicus briefs cannot offer new arguments to a case.
ANS: F REF: 456
84. In the Supreme Court, the chief justice speaks first at conference.
ANS: T REF: 456
85. In the Supreme Court, the chief justice votes last in conference.
ANS: T REF: 456
86. If a vote on the Supreme Court is tied, the decisions of the lower courts are vacated and cases must be retried.
ANS: F REF: 456
87. Per curiam decisions are typically brief and unsigned.
ANS: T REF: 456
88. The majority view in a Supreme Court decision is reflected in the concurring opinion.
ANS: F REF: 456
89. The Supreme Court’s conservative bloc includes Justices Roberts, Thomas, Scalia, and Ginsburg.
ANS: F REF: 457
90. Justice Kennedy is notable as a “swing vote” on the Court.
ANS: T REF: 457
91. Courts make policy.
ANS: T REF: 457
92. Stare decisis is a principle used in overturning earlier court decisions.
ANS: F REF: 457
93. One obvious complication with the principle of precedent is that what constitutes a similar case is not always clear.
ANS: T REF: 457
94. The Supreme Court is more likely to overturn its own precedents than it is to exercise judicial review of federal laws.
ANS: T REF: 458
95. The political question doctrine is an important barrier to judicial power today.
ANS: F REF: 458
96. An important measure of judicial power is the kind of remedy or remedies courts impose to correct wrongs.
ANS: T REF: 458
97. Perhaps the strongest argument for judicial activism is that the courts are needed to correct injustices when other branches of government refuse to do so.
ANS: T REF: 459
98. Probably the major reason that courts have become such activists is the large number of lawyers in this country.
ANS: F REF: 463
99. Hearing more cases by itself does not necessarily lead federal courts to impose sweeping judicial remedies.
ANS: T REF: 459
100. Laws and the U.S. Constitution are filled with vague language, which calls for frequent interpretation by the courts.
ANS: T REF: 459
101. Remedies are likely to be designed by courts when congressional language is vague.
ANS: T REF: 459
102. According to the text, the personal opinions and attitudes of judges “powerfully affect” their decisions.
ANS: T REF: 460
103. Fifteen federal judges have been the object of impeachment.
ANS: T REF: 460
104. Congress can change the jurisdiction of federal courts.
ANS: T REF: 461
105. Activism in the Supreme Court is clearly a feature of moments in history when the political system has been undergoing profound and lasting changes.
ANS: T REF: 462
ESSAY
1. Explain the difference between the judicial restraint approach and the activist approach.
ANS:
a. Restraint: Judges should judge, confine themselves to applying those rules stated or clearly implied by the language of the Constitution.
b. Activist: Judges should discover the general principles underlying the Constitution and amplify those principles on the basis of some moral or economic philosophy.
REF: 440
2. Carefully explain the background and facts of the Marbury v. Madison case.
ANS:
a. Adams lost his bid for reelection and made a series of last minute appointments.
b. Incoming Secretary of State James Madison noticed the paperwork for some of the appointments remained on the desk that were incomplete.
c. The new president, Jefferson, ordered Madison not to complete the paperwork, so Marbury was not given his appointment.
d. He sued and his case was decided by the Supreme Court where Chief Justice John Marshall presided.
e. Marshall was the former Secretary of State who failed to complete the paperwork for Marbury’s appointment.
REF: 443
3. Carefully explain the Court’s ruling in Marbury v. Madison.
ANS:
a. The case came to the Court via its original jurisdiction because that jurisdiction was enlarged by the Judiciary Act of 1789.
b. The Court ruled, however, that, unlike its appellate jurisdiction, the original jurisdiction could not be modified.
c. Therefore, the section of the Judiciary Act that enlarged the original jurisdiction was declared unconstitutional and the Court ruled that it simply could rule in the case.
REF: 443
4. Describe President Roosevelt’s plan to “pack” the Supreme Court. Explain what happened to the plan.
ANS:
a. His bill would allow him to appoint a new justice for every one that reached the age of 70
b. He could make such appointments until the Court had 15 members
c. Bitter controversy followed
d. The Court started approving of Roosevelt’s measures by a five to four margin and the bill was no longer necessary.
REF: 444-445
5. Discuss some recent rulings of the Supreme Court which suggest something like a revival of state sovereignty is taking place.
ANS:
a. The Court struck down a law that forbade anyone from carrying a gun near a school, arguing that such behavior did not affect interstate commerce
b. The Court then struck down a law which allowed Indian tribes to sue states in federal courts
c. The Court then held that the Brady Bill could not be used to require local law enforcement officers to do background checks on people trying to buy weapons
d. In 2010, several states were arguing aspects of President Obama’s health care plan were unconstitutional.
REF: 446
6. What are the two circumstances where the Supreme Court will often grant certiorari?
ANS:
a. When two or more federal courts of appeal have decided the same issue in different ways
b. When the highest court in a state has held a state or federal law to be in violation of the Constitution.
REF: 452
7. Summarize some of the more important rules of standing.
ANS:
a. There must be a controversy between real adversaries
b. There must be some actual harm that is to be remedied or compensated for
c. Merely being a taxpayer does not entitle you to challenge the constitutionality of a federal governmental action.
REF: 453
8. Identify the different types of opinions that Supreme Court justices write and explain what each involves.
ANS:
a. Per curiam: usually a brief, unsigned opinion
b. Opinion of the Court: reflecting the majority’s view
c Concurring opinion: an opinion by one or more justice who agrees with the majority’s conclusion but for different reasons
d. Dissenting opinion: the opinion of the justices on the losing side.
REF: 456
9. Discuss two reasons why the principle of precedent is so important.
ANS:
a. If the meaning of the law is continually changing, if the decisions of judges become wholly unpredictable, then human affairs affected by those laws becomes chaotic
b. If the principle of justice means anything, it means similar cases should be decided in a similar manner.
REF: 457
10. What are some of the primary criticisms of judicial activism?
ANS:
a. Judges usually have no special expertise in matters of political matters (administration, management, etc) per se
b. That which is desired by courts is not always practical or possible to implement
c. Federal judges are appointed not elected and should not play the role of unaccountable legislators.
REF: 459
11. Write an essay in which you discuss the ways that Congress can check the judiciary.
ANS:
a. It can alter the composition of the judiciary by the kinds of appointments the Senate is willing to confirm.
b. It can impeach judges.
c. Congress can alter the number of judges.
d. It can undo Supreme Court decisions interpreting the Constitution by amending that document.
e. It can repass laws declared unconstitutional.
f. It can alter the jurisdiction of courts.
REF: 460-463