Deck 14: Courts, Judges and Policymaking

Question 1

Alexis de Tocqueville said, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." Is he correct? Consider the history of the Affordable Care Act. Does the ligation regarding this act support his contention?

Answer 1

Alexis de Tocqueville's statement that "scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question" is a thought-provoking observation. When considering the history of the Affordable Care Act (ACA), also known as Obamacare, it becomes evident that litigation surrounding this act does indeed support Tocqueville's contention.

The ACA, signed into law in 2010, has faced numerous legal challenges since its inception. One of the most significant cases was National Federation of Independent Business v. Sebelius, in which the Supreme Court ruled on the constitutionality of the individual mandate and Medicaid expansion provisions of the ACA. This case, along with several others related to the ACA, demonstrates how political disputes over healthcare policy have been brought before the judiciary for resolution.

Furthermore, the ongoing debates and legal battles surrounding the ACA illustrate how complex political issues often end up being decided by the courts. Whether it is questions of federalism, individual rights, or the scope of government authority, the judiciary has played a crucial role in shaping the implementation and interpretation of the ACA.

In conclusion, Alexis de Tocqueville's assertion that political questions in the United States often become judicial questions is supported by the history of the Affordable Care Act. The litigation surrounding the ACA serves as a prime example of how contentious political issues can ultimately find their way into the judicial system for resolution.

Question 2

Why did it take until 1966 for an African American and 1981 for a woman to serve on the Supreme Court? What might have been some reasons advanced for the exclusion of African Americans and women from the Court? How have the inclusion of members of these groups affected Supreme Court decisions?

Answer 2

The exclusion of African Americans and women from serving on the Supreme Court until 1966 and 1981, respectively, can be attributed to a long history of systemic discrimination and prejudice in the United States. For much of American history, there were deeply ingrained societal beliefs that marginalized and excluded both African Americans and women from positions of power and influence.

One reason for the exclusion of African Americans and women from the Court may have been the prevailing attitudes of the time, which often viewed these groups as inferior or incapable of fulfilling the responsibilities of a Supreme Court justice. Additionally, there were legal and institutional barriers in place that prevented African Americans and women from pursuing careers in law and reaching the highest levels of the legal profession.

The inclusion of members of these groups on the Supreme Court has had a significant impact on the Court's decisions. Justices who come from diverse backgrounds bring different perspectives and life experiences to their decision-making, which can lead to more well-rounded and equitable rulings. The presence of African American and female justices has also helped to challenge and dismantle the historical biases and prejudices that have influenced the Court's decisions in the past. Overall, the inclusion of members of these groups has been a positive step towards a more representative and fair judicial system.

Question 3

In response to the Supreme Court decision in Worcester v. Georgia (1832), President Andrew Jackson famously said, "Mr. Marshall has made his decision, now let him enforce it." Discuss what that statement means in the context of the power the Supreme Court has to enforce its decisions. What political forces allowed Jackson to ignore a Supreme Court decision? Could President Obama do the same thing today?

Answer 3

The statement made by President Andrew Jackson in response to the Supreme Court decision in Worcester v. Georgia reflects his defiance of the Court's authority. In this case, the Supreme Court ruled that the state of Georgia did not have the right to impose its laws on Cherokee territory, but Jackson refused to enforce the decision.

This statement highlights the limitations of the Supreme Court's power to enforce its decisions. While the Court can interpret the Constitution and laws, it relies on the executive branch, particularly the President, to enforce its rulings. In this case, Jackson's refusal to enforce the Court's decision demonstrated the potential for political forces to undermine the authority of the judiciary.

The political forces that allowed Jackson to ignore the Supreme Court decision were rooted in his belief in states' rights and his support for the removal of Native American tribes from their lands. Jackson's actions were also influenced by his strong executive authority and his belief in the supremacy of the presidency.

In today's political climate, it would be highly unlikely for a President to openly defy a Supreme Court decision in the same manner as Jackson did. The system of checks and balances, as well as the rule of law, have become more firmly established in American governance. While Presidents may disagree with Supreme Court decisions, they are generally expected to uphold and enforce them. However, it is important to note that the potential for political forces to influence the enforcement of Supreme Court decisions still exists, and the issue of compliance with judicial rulings remains a topic of debate and concern in contemporary politics.

Question 4

Many people claim that the Supreme Court decision in Bush v. Gore (2000) was a politically motivated decision that damaged the creditability of the Court. Do you agree or disagree? Are there any more recent cases that might have reestablished or reinforced the Supreme Court's credibility? What cases might they be?

Question 5

How can the existence of an effectively secret court like the Foreign Intelligence Surveillance (FISA) Court be justified? What arguments can be made in its favor?

Question 6

How can we recognize judicial activism? Is it possible to argue that charges of judicial activism are merely screens for partisan objections to court decisions? Can we arrive at a clear and unambiguous definition of the term?

Question 7

A bench trial is a(n):

A) Trial court decision made by a jury of six
B) Trial court decision made by a single judge
C) Appeals court decision made by a panel of three judges
D) Supreme Court decision made by at least four justices

Question 8

A common myth about the relationship of courts and politics holds that courts:

A) Are controlled by politicians
B) Avoid all political issues
C) Should be more political
D) Are above politics

Question 9

A court in which legal cases are first heard, evidence is considered, and judgments are made is a(n):

A) Appellate court
B) Circuit court
C) Supreme court
D) Trial court

Question 10

A federal circuit court is a:

A) Court of appeals above the district courts
B) Court of original jurisdiction below the district courts
C) Specialized executive court to supervise state courts
D) Trial court for special political cases

Question 11

A request for a writ of certiorari is accepted by the U.S. Supreme Court if:

A) Any justice agrees to support it.
B) The Chief Justice agrees to support it.
C) A majority of justices agree to support it.
D) Four justices agree to support it.

Question 12

A writ of certiorari is a(n):

A) Request that the Supreme Court conduct a new trial of a criminal defendant
B) Order from the Supreme Court to a lower court to send up the record of a case for review
C) Decision by the Supreme Court to overrule a lower court ruling
D) Ruling by the Supreme Court in a case of original jurisdiction

Question 13

According to the popular myth of finality:

A) The Supreme Court has no power to implement its acts
B) The Supreme Court has final authority to overrule lower courts
C) Once the Supreme Court announces its decision, the issue is settled
D) Presidents have final authority to appoint Supreme Court justices

Question 14

Although most justices on the Supreme Court were first lawyers, it wasn't until 1957 that all members of the Court:

A) Had completed a postgraduate degree
B) Were appointed by their peers
C) Were required to earn a doctorate degree
D) Had obtained law degrees

Question 15

Although plaintiffs can choose the court to which they introduce their case, once the case has been tried, all appeals must be heard:

A) By the judge chosen by the defendant
B) Within that same court system
C) Within a different court system
D) By the same judge who heard the original matter

Question 16

Americans seem to have great faith in the court system, but according to public opinion polls, they:

A) Rarely obey its rulings
B) Know very little about it
C) Dislike judges they know personally
D) Believe it is unnecessary

Question 17

Article ____ of the Constitution primarily addresses the judiciary.

A) I
B) II
C) III
D) IV

Question 18

Besides reviewing civil and criminal cases, the federal circuit courts may also hear cases involving:

A) Federal Bureau of Investigations (FBI) and sensitive security matters
B) U.S. ambassadors and foreign dignitaries
C) Terrorist plots
D) The decisions of independent regulatory agencies

Question 19

Chief Justice Hughes's famous line was that "the Constitution is:

A) "What the judges say it is"
B) "What Congress says it is"
C) "What the president says it is"
D) "What the Founders said it is"

Question 20

Concurrent jurisdiction refers to the fact that:

A) Criminal cases in state courts may be appealed to U.S. district courts
B) State and national courts may have jurisdiction over the same matters
C) The U.S. Supreme Court has original jurisdiction on any case it chooses
D) Either U.S. district or U.S. circuit courts can try cases

Question 21

Congress can hinder the Supreme Court's power by:

A) Voting to change policies
B) Censoring a particular justice
C) The control of public funds
D) Appointing a "watchdog committee" to oversee the Court's activities

Question 22

Congress generally relies on ____ to remove judges from the bench.

A) impeachment
B) investigations
C) pension programs
D) leaks to the media

Question 23

Congress held an impeachment trial in 1989 in a matter involving:

A) Judge Waters of Maine
B) Judge Nixon of Mississippi
C) Judge Harrison of California
D) Judge Claiborne of Nevada

Question 24

Currently, there are ____ U.S. district courts.

A) 3,000
B) 94
C) 13
D) 51

Question 25

District court judges preside over matters of:

A) Civil law only
B) State and federal law
C) Civil and appellate law
D) Civil and criminal law

Question 26

District courts hear diversity cases, which involve:

A) At least $10,000
B) At least $25,000
C) At least $50,000
D) At least $75,000

Question 27

Diversity cases-or civil law cases involving citizens of different states-illustrate an instance of:

A) District court jurisdiction
B) Supreme Court jurisdiction
C) Concurrent jurisdiction
D) Limited jurisdiction

Question 28

Each state has its own independent court system, bringing the number of American courts to more than:

A) 5,000
B) 7,500
C) 15,500
D) 18,000

Question 29

If the Department of Justice wants permission to install a wiretap, it must go to the:

A) Court of International Trade
B) U.S. Military Court of Appeals
C) U.S. Court of Federal Claims
D) Foreign Intelligence Surveillance Court

Question 30

In Supreme Court decisions, a concurring opinion could be written by:

A) The Chief Justice to show that he or she agrees with the majority opinion
B) A "friend of the Court" to disagree with the decision
C) A member of the majority who disagrees with the reasoning in the decision
D) A member of the minority who disagrees with the decision

Question 31

In a civil case, the person bringing the case to court is known as the:

A) Defendant
B) Plaintiff
C) Prosecutor
D) State's attorney

Question 32

In a typical case, the Court will allot a total of ____ for oral argument.

A) thirty minutes
B) one hour
C) two hours
D) five hours

Question 33

In conference, discussion of each case begins with:

A) The justice most interested in the case
B) The justice who asked the most questions during oral argument
C) The four justices who voted to accept a case
D) The Chief Justice

Question 34

In recent years, the Supreme Court has accepted about ____ cases a term.

A) 80
B) 150
C) 700
D) 2,000

Question 35

In the decision that he wrote in the Marbury v. Madison case, Chief Justice John Marshall inferred that the Supreme Court:

A) Could order a government official to carry out his or her duties
B) Could declare an act of Congress unconstitutional
C) Had no right to practice judicial review
D) Had the power to appoint justices of the peace

Question 36

In the early days of the republic, one of the biggest problems was ____ judges.

A) retaining
B) compensating
C) confirming
D) legitimizing

Question 37

In the nineteenth century, the Senate was likely to object to a court nominee on the basis of:

A) Ethnicity
B) Lack of higher learning
C) Religious beliefs
D) Partisanship

Question 38

In the state court system, trial courts are divided into which of the following two types?

A) Civil jurisdiction and criminal jurisdiction
B) Unlimited jurisdiction and general jurisdiction
C) Limited jurisdiction and criminal jurisdiction
D) Limited jurisdiction and general jurisdiction

Question 39

Judicial activism differs from judicial restraint because it holds that the U.S. Supreme Court:

A) Has to follow the original intent of the Constitution
B) Has a right and obligation to exercise judicial review
C) Should not declare acts of Congress unconstitutional
D) Should not defend the interest of political minorities

Question 40

Judicial review is the power of:

A) Courts to declare legislative acts unconstitutional
B) The president to appoint Supreme Court justices
C) Senators to veto judicial appointments
D) Congress to contradict court rulings

Question 41

Most administrations outline the qualities the president is seeking in a judicial nominee but then will:

A) Relay that information to the legislature for members' input
B) Seek candidates from within their own party
C) Allow the Department of Justice to search for the appropriate candidates
D) Ask the FBI to complete a background check of the candidate

Question 42

Of the cases heard annually before the Supreme Court, most are:

A) Cases that Congress requires the court to hear
B) Criminal cases that have never been tried
C) Appeals from lower courts
D) Suits under original jurisdiction

Question 43

Once the Supreme Court has decided how it will rule on a case, who writes the Court's opinion?

A) The Chief Justice
B) The most junior justice
C) The justices vote on who should write for them
D) Either the Chief Justice or the senior justice in the majority assigns who will write the opinion

Question 44

In his ruling in the Marbury case, Justice Marshall:

A) Made it clear that the Constitution must be held to a higher authority
B) Made an outright attack on the administration
C) Kept the Court free of congressional interference
D) Created the power of judicial review and insulated it from attack

Question 45

One indication of the politically charged situation that had developed because of Marbury v. Madison was the fact that:

A) The Senate voted to reduce the salary of the justices.
B) Riots occurred outside the residence of the Chief Justice.
C) Impeachment articles were drawn up by eleven members of Congress.
D) Congress cancelled the Court's 1802 term.

Question 46

One interesting byproduct of the complexity of our judicial system is that:

A) Judges can hear the same case twice.
B) Judges can hear appeals of cases they originally decided.
C) An individual can be tried for the same crime twice.
D) Litigants can shop for the courts they think might be the most favorable toward their claim.

Question 47

One female justice appointed to the Supreme Court also set precedent because she was:

A) A medical doctor
B) A Hispanic
C) Of Russian heritage
D) A Muslim

Question 48

Ordinarily, cases before the U.S. courts of appeal are heard:

A) By three-judge panels
B) En banc
C) By the entire court
D) By a single judge

Question 49

Presidents have a freer hand in appointing U.S. appeals court judges than in appointing U.S. district court judges because:

A) The public is less interested in appeals court appointments.
B) Senatorial courtesy requires that the president get his way in such appointments.
C) The Senate does not confirm appeals court appointments.
D) Appeals court jurisdictions cover more than one state.

Question 50

Presidents historically have selected over 90% of their federal judge appointments from:

A) Their own political party
B) Their own region of the country
C) The best-trained people available
D) Women and minorities

Question 51

Senatorial courtesy means that:

A) Senators of the president's party may block the president's nomination of federal district judges for their states.
B) Senators must consent to the appeal of cases from their state courts to the federal courts.
C) The Senate must advise and consent to the appointment of Supreme Court justices.
D) The Senate can recommend cases and decisions to the Supreme Court.

Question 52

Some critics feel that the frequent use of judicial review creates:

A) A higher caseload for the courts
B) Unfair judicial processes
C) An imperial judiciary
D) An unrestrained governmental entity

Question 53

Specialized courts, such as the U.S. Court of Military Appeals, are created by:

A) The president
B) Congress
C) Federal agencies
D) The Supreme Court

Question 54

Statutory law is law:

A) That deals with conflicts between citizens
B) That deals with crimes against the public order
C) Made by Congress and other legislatures
D) Made by judicial precedent

Question 55

Supreme Court justices are appointed to the bench for a ____ term.

A) six-year
B) ten-year
C) twelve-year
D) life

Question 56

The U.S. Constitution creates:

A) The whole federal court system
B) The federal and state court systems
C) Only the U.S. Supreme Court
D) Only federal appeals courts

Question 57

The U.S. Court of Military Appeals is an example of a:

A) Trial court
B) Circuit court
C) District court
D) Specialized court

Question 58

The ability to deny cases without a formal review gives the justices:

A) A way to limit their judicial calendar
B) The ability to initiate future legislation
C) The ability to advance their own policy preferences
D) More room for experiential opinions

Question 59

The appointment of Sonia Sotomayor as an associate justice of the Supreme Court was important because:

A) She was the youngest justice to ever be appointed to the Court.
B) She was the first female justice appointed to the Court.
C) The Court held her appointment to higher standards than normally allowed.
D) She was the first Hispanic justice to serve on the Court.

Question 60

The appointments of Thurgood Marshall and Sandra Day O'Connor illustrate how presidents choose Supreme Court justices:

A) Without regard to their social background
B) Without regard to their political views
C) To represent a variety of political opinions
D) To represent important social groups

Question 61

The difference between a bench trial and a jury trial is that in a bench trial:

A) You cannot be represented by counsel.
B) There cannot be more than one defendant.
C) The process will take at least a week or more to settle.
D) The case is heard by a judge only.

Question 62

The difference between civil and criminal law is that criminal law:

A) Deals with offenses against the public order, not private disputes
B) Is produced by Congress and not by judicial precedent
C) Deals with disputes between citizens, not crimes against society
D) Is produced by judges and not by elected officials

Question 63

The district and appellate court structure of the federal court system was established by:

A) The Constitution
B) An act of Congress
C) The Supreme Court
D) Presidential order

Question 64

The duty of the appellate court is to:

A) Rewrite the laws if they are not applied correctly
B) Keep track of judicial decisions
C) Maintain a system of checks and balances in the lower courts
D) Review a lower court's decision

Question 65

The first female justice was appointed to the Supreme Court by President:

A) Carter
B) Clinton
C) Reagan
D) Kennedy

Question 66

State judges are often chosen for nomination in a variety of ways, NOT including:

A) By referendum
B) By legislative election
C) By nonpartisan election
D) By partisan election

Question 67

The most liberal Supreme Court in its history was known as the ____Court.

A) Marshall
B) Burger
C) Roberts
D) Warren

Question 68

The national judiciary (including district courts) was created by:

A) A convention of the states
B) An executive order
C) Article III of the Constitution
D) The Judiciary Act of 1789

Question 69

The number of justices serving on the U.S. Supreme Court is:

A) Set by Article III of the Constitution
B) Determined by the president
C) Set by congressional legislation
D) Set by common law practice

Question 70

The oldest source of law in our democracy that is applied by U.S. courts is called:

A) Statutory law
B) Common law
C) Criminal law
D) Federal law

Question 71

The only constitutional means for removing federal judges is:

A) Via a retirement program
B) Through Senate approval
C) The impeachment process
D) By presidential authorization

Question 72

The opinion-writing stage of the judicial conference ends when all the justices:

A) Have voted on the case
B) Have met privately
C) Have unanimously come to an agreement
D) Have decided which opinion to join

Question 73

The philosophy of original intent holds that:

A) Judging means deciding between the intentions of competing interests, not finding the original law.
B) Supreme Court justices have the power to make law according to their own interpretations of its intent.
C) The Constitution should be interpreted literally according to the intent of its authors.
D) The original intent of the Constitution supported judicial review.

Question 74

The power of the Supreme Court to reverse lower court decisions is limited by:

A) Its inability to overrule certain judges
B) Its lack of concise reporting
C) Its inability to control the judicial process at the state level
D) Its inability to police lower courts and time constraints

Question 75

The president and the executive branch of the government can affect Supreme Court decisions by:

A) Swaying public opinion on a Court decision
B) Appointing new justices who will vote according to the president's policies
C) Working with Congress to change an important decision
D) Asking Congress to amend a law

Question 76

The president who made two appointments to the Supreme Court in his first eighteen months in office was:

A) G. W. Bush
B) Clinton
C) Carter
D) Obama

Question 77

The presidential election in 2000 demonstrated:

A) The need for closer examination of the voting system
B) That Americans are serious when it comes to counting votes
C) That election outcomes are not decided by the Electoral College
D) The centrality of courts to American society

Question 78

The so-called nuclear option would end debate over judicial nominees:

A) With sixty votes
B) With a simple majority vote
C) With the support of one committee chair and two party leaders
D) After ten hours

Question 79

The term amicus curiae refers to:

A) A Supreme Court order barring further testimony during oral arguments
B) The belief that the Supreme Court should actively practice judicial review
C) A request that the Supreme Court order a lower court to send up the records of a case
D) Written "friend of the court" briefs submitted in Supreme Court cases

Question 80

There are ____ courts of appeals of general jurisdictions throughout the United States.

A) six
B) eight
C) ten
D) twelve