Deck 10: The Federal Courts: Originalism Versus Living Constitutionalism

Question 1

Which one of the following courts is not an example of a special court?

A) U.S. Tax Court
B) U.S. Court of Military Appeals
C) U.S. Court of Veterans Appeals
D) Justice of the Peace courts

Answer 1

D

Question 2

Which one of the following cases laid the foundation for judicial review?

A) Bonham's Case (1610)
B) Marbury v. Madison (1803)
C) Dred Scott v. Sandford (1857)
D) Plessy v. Ferguson (1896)

Answer 2

A

Question 3

What has happened to the number of cases resolved by the Supreme Court per year?

A) The number of cases resolved each year has decreased dramatically from 146 signed opinions in 1985 to 62 in 2015.
B) The number of cases resolved each year has increased dramatically from 62 signed opinions in 1985 to 146 in 2015.
C) The number of cases resolved each year has increased slightly from 145 signed opinions in 1985 to 175 in 2015.
D) The number of cases resolved each year has stayed about the same from 1985 to 2015.

Answer 3

A

Question 4

Which of the following is a feature of the nomination process for federal judgeships?

A) Congressional courtesy
B) Senatorial courtesy
C) Conformational courtesy
D) House courtesy

Question 5

Which of the federal courts has appellate jurisdiction exclusively?

A) U.S. District Courts
B) U.S. Circuit Courts of Appeals
C) U.S. Supreme Court
D) Special courts

Question 6

A writ of certiorari is issued only after __________ Supreme Court justices vote to do so.

A) Four
B) Five
C) Six
D) Seven

Question 7

Judicial review is the power of federal courts to ___ .

A) determine the constitutionality of any law or official act
B) declare federal and state laws null and void
C) Both of the above
D) None of the above

Question 8

Thomas Jefferson's "departmental" view of constitutional interpretation held that __________was entitled to interpret the Constitution in regard to its own powers and responsibilities.

A) the executive department of government
B) the legislative department of government
C) the judicial department of government
D) All of the above

Question 9

The role of law in society may be understood as ___ .

A) authoritative rules made by government
B) rules of conduct that pertain to a given political order of society backed by the organized force of the community
C) Both of the above
D) None of the above

Question 10

Which one of the following sets of hierarchy of sources of law is correct, with 1 as fundamental and highest to 3 as the lowest?

A) 1. Agency rules and regulations 2. Legislation
3) Constitution
B) 1. Constitution 2. Legislation
3) Agency rules and regulations
C) 1. Legislation 2. Constitution
3) Agency rules and regulations
D) 1. Constitution 2. Agency rules and regulations
3) Legislation

Question 11

The legal traditions of the United States derived from those of ___ .

A) England
B) France
C) Canada
D) United Nations

Question 12

The common law tradition of England involved the __________over time.

A) rapid but incremental accumulation of judicial decisions
B) slow but abrupt accumulation of judicial decisions
C) slow and incremental accumulation of judicial decisions
D) rapid and abrupt accumulation of judicial decisions

Question 13

The centuries of judge-made common law of England were embraced in colonial America for all but which of the following ___ .

A) principal defense of liberty
B) limitation on the power of government
C) because there was no time to make all new laws
D) constraint on political power might in favor of the rights of individual citizens

Question 14

"Common law" is defined as ___ .

A) law developed over time from legislatures and with judges deciding particular legal disputes but then future judges do not cite earlier decisions in resolving cases with similar issues and facts
B) law developed over time as judges decide particular legal disputes and then future judges cite earlier decisions in resolving cases with similar issues and facts
C) law developed over time from legislatures but without judges deciding particular legal disputes for future judges to cite in resolving cases with similar issues and facts
D) law developed over time as judges decide particular legal disputes although future judges do not cite the earlier decisions in resolving cases with similar issues and facts

Question 15

All but which one of the following conditions must be present in the American judiciary before a case may be resolved?

A) an adversary process
B) an energized or angry public
C) a justiciable issue
D) ripeness for judicial determination

Question 16

Which one of the following statements is true regarding American courts?

A) American courts do not judge whether an individual has standing or eligibility to come before the court.
B) American courts often provide advisory opinions to public officials on hypothetical legal issues.
C) American courts reflect an adversary process in controversies between a complainant and a respondent.
D) American courts increasingly have urged jury trials over bench trials

Question 17

In Federalist #78, __________argued in favor of the courts having the power of judicial review.

A) John Jay
B) Alexander Hamilton
C) John Marshall
D) James Madison

Question 18

Regarding the authority of the Supreme Court, President Andrew Jackson claimed that ___ .

A) "it is emphatically the province and duty of the judicial department to say what the law is"
B) "the Supreme Court … ought not to control the coordinate authorities of the Government"
C) "the Court is neither more learned nor more objective than the political branches of the government"
D) All of the above

Question 19

In Marbury v. Madison, whose view regarding the legitimacy of judicial review ultimately prevailed?

A) James Madison
B) Thomas Jefferson
C) John Marshall
D) Andrew Jackson

Question 20

At the Constitutional Convention, who argued for a mandatory review by the national government of all state laws before they went into effect?

A) James Madison
B) Alexander Hamilton
C) Benjamin Franklin
D) George Washington

Question 21

A mandatory review by the national government of all state laws before they are put into effect is found in which article of the U.S. Constitution?

A) Art. I
B) Art. II
C) Art. III
D) a mandatory review is not in the Constitution

Question 22

As a result of the Supreme Court's exercise of judicial review over the lower courts of the federal system, __________of the cases reviewed have resulted in at least partial reversal.

A) one-fourth
B) one-half
C) two-thirds
D) four-fifths

Question 23

The __________have authority to try most cases within the federal court system.

A) district courts
B) appellate courts
C) Supreme Court
D) Justice of the Peace courts

Question 24

Most cases in the district courts are tried before __________judge(s).

A) 1
B) 2
C) 18
D) 28

Question 25

Over the entire history of the country, approximately how many acts of Congress have been declared unconstitutional by the Supreme Court?

A) Fewer than 200
B) Exactly 200
C) More than 200
D) More than 500

Question 26

Over the entire history of the country, approximately how many state laws and provisions of state constitutions have been declared unconstitutional by the Supreme Court?

A) About 1,000
B) About 1,300
C) About 1,600
D) About 2,000

Question 27

The purpose of the U.S. Courts of Appeals is to provide a forum for review of decisions made by ___ .

A) the U.S. district courts
B) the state supreme courts
C) municipal courts
D) justice of the peace courts

Question 28

Each year, litigants bring about 6,500 cases and applications to the Supreme Court of which the court hears __________of them.

A) 60
B) 600
C) 3600
D) 6000

Question 29

With regard to its jurisdiction, the Supreme Court has ___ .

A) original jurisdiction only
B) appellate jurisdiction only
C) both original and appellate jurisdiction
D) None of the above

Question 30

An amicus curiae brief is ___ .

A) an action by a higher court to overturn the decision of a lower court
B) a formal request that a case be reviewed by a higher court
C) an action to send a case back to a lower court for further consideration
D) written by interested persons or groups who are not formal parties to the case

Question 31

A court's decision to remand a case refers to ___ .

A) an action by the court to overturn the decision of a lower court
B) a formal request that a case be reviewed by a higher court
C) an action to send a case back to a lower court for further consideration
D) a request for a brief written by interested persons or groups who are not formal parties to the case

Question 32

The use of a writ of certiorari refers to ___ .

A) an action by a higher court to overturn the decision of a lower court
B) a formal request that a case be reviewed by a higher court
C) an action to send a case back to a lower court for further consideration
D) a brief written by interested persons or groups who are not formal parties to the case

Question 33

The act of reversing by a court refers to ___ .

A) an action by a higher court to overturn the decision of a lower court
B) a formal request that a case be reviewed by a higher court
C) an action to send a case back to a lower court for further consideration
D) a request for a brief written by interested persons or groups who are not formal parties to the case

Question 34

When the Supreme Court justices meet to discuss cases that they have heard during the week, they operate under ___ .

A) the rule of four
B) the number of briefs filed
C) the chief justice's leadership
D) requirements legislated by Congress

Question 35

The Supreme Court's final decision on a case is called an ___ .

A) oral argument
B) amicus curie brief
C) opinion
D) honoraria

Question 36

Which one of the following results is not the outcome of the Supreme Court's deliberations regarding a case?

A) to affirm the lower court decision
B) to retry the case in a higher court
C) to reverse the lower court decision
D) to remand the case back to the lower court for further consideration

Question 37

A concurring opinion from the Supreme Court is produced by a justice who ___ .

A) accepts the basic thrust of the Court's majority opinion and agrees with the majority's rationale for the result
B) does not accept the basic thrust of the Court's majority opinion but agrees with the majority's rationale for the result
C) accepts the basic thrust of the Court's majority opinion but wishes to provide a somewhat different rationale for the result
D) does not accept the basic thrust of the Court's majority opinion and wishes to provide an alternative rationale for the result

Question 38

A Supreme Court opinion that accepts the basic thrust of the Court's majority opinion but wishes to provide a somewhat different rationale for the result is known as a __________opinion.

A) dissenting
B) concurring
C) minority
D) unanimous

Question 39

In the modern era, __________has had a greater impact on the make-up of the federal courts in his first year in office than all of the other presidents.

A) Bill Clinton
B) George W. Bush
C) Barack Obama
D) Donald Trump

Question 40

For many decades, the __________performed the traditional role of advising presidents on whether or not candidates for the Supreme Court were qualified.

A) American Constitution Society
B) American Bar Association
C) American Law Institute
D) American Judicature Society

Question 41

In 2005, the Senate's confirmation process for judicial nominations nearly triggered the "nuclear option," which would have ___ .

A) ended the time-honored practice of the filibuster with regard to judicial nominees
B) changed the Senate rules to allow approval of all judicial nominees by simple majority
C) permitted Senate approval of all judicial nominees by 50 votes instead of 60
D) All of the above

Question 42

In late-2013, the Senate changed its rules regarding the confirmation process for judicial nominations and ___ .

A) defended the time-honored practice of the filibuster with regard to judicial nominees
B) allowed approval of all judicial nominees except Supreme Court nominees by simple majority
C) permitted Senate approval of all judicial nominees by 60 votes instead of 50
D) All of the above

Question 43

In 2017, the Senate changed its rules regarding the confirmation process for all judicial nominations and ___ .

A) ended the time-honored practice of the filibuster with regard to judicial nominees
B) changed the Senate rules to allow approval of all judicial nominees by simple majority
C) Both of the above
D) None of the above

Question 44

Of the 162 Supreme Court nominations forwarded to the Senate by presidents during the country's history, __________were approved.

A) 100
B) 125
C) 150
D) 162

Question 45

In confirmation hearings before the Senate Judiciary Committee, __________respond to questions from the members.

A) presidential lawyers defending proposed treaties
B) nominees for federal judicial posts
C) cabinet nominees
D) senior military officers

Question 46

The significance of the Warren Court was its expansion of the individual rights of ___ .

A) illegal aliens
B) freedom of speech, press, and religion
C) minorities to equal political rights and economic opportunities
D) accused persons to counsel and to fair and speedy trials

Question 47

The significance of the Rehnquist Court was its efforts to limit if not overturn ___ .

A) the ban on school prayer
B) affirmative action
C) gay rights
D) All of the above

Question 48

Under the leadership of Chief Justice William Rehnquist, many decisions of the Supreme Court ___ .

A) limited the scope of local governments
B) strengthened the role of Congress and the executive against judiciary
C) strengthened the role of the police
D) All of the above

Question 49

In the case of Regents of the University of California v. Bakke, the Rehnquist Court ___ .

A) upheld the rights of states to regulate abortion clinics and prevent public money used to perform abortions
B) approved the use of race as one criterion but not as the sole criterion in college admissions
C) struck down critical elements of the Voting Rights Act that subjected certain states to federal oversight
D) overturned campaign finance laws by finding that corporations and unions have free speech rights like individuals

Question 50

In the case of United States v. Windsor, the Roberts Court ___ .

A) upheld the rights of states to regulate abortion clinics and prevent public money used to perform abortions
B) struck down the part of the Defense of Marriage Act denying federal benefits to gay couples
C) struck down critical elements of the Voting Rights Act that subjected certain states to federal oversight
D) overturned campaign finance laws by finding that corporations and unions have free speech rights like individuals

Question 51

In a case dealing with the right to bear arms, the Supreme Court's decision written by Associate Justice Antonin Scalia declared for the first time in American history that the Second Amendment right to bear arms ___ ?

A) is an individual right and a collective right tied to militia service
B) is not an individual right but rather a collective right tied to militia service
C) is an individual right rather than a collective right tied to militia service
D) is not an individual right nor a collective right tied to militia service

Question 52

In the case of Shelby County v. Holder, the Roberts Court ___ .

A) upheld the rights of states to regulate abortion clinics and prevent public money used to perform abortions
B) struck down the part of the Defense of Marriage Act denying federal benefits to gay couples
C) struck down critical elements of the Voting Rights Act that subjected certain states to federal oversight
D) overturned campaign finance laws by finding that corporations and unions have free speech rights like individuals

Question 53

In the case of Citizens United v. Federal Election Commission , the Roberts Court ___ .

A) upheld the rights of states to regulate abortion clinics and prevent public money used to perform abortions
B) approved the use of race as one criterion but not as the sole criterion in college admissions
C) struck down critical elements of the Voting Rights Act that subjected certain states to federal oversight
D) overturned campaign finance laws by finding that corporations and unions have free speech rights like individuals

Question 54

Often serving as a swing vote on the Supreme Court, Associate Justice Anthony Kennedy has been __________.

A) consistently conservative on business issues
B) moderate on affirmative action issues
C) consistently liberal on issues of sexual preference
D) All of the above

Question 55

The Supreme Court today is aware that its legitimacy and public standing depend on the Court being seen as ___ .

A) kowtowing to Congress
B) limiting partisanship
C) provoking polarization
D) following the president's wishes

Question 56

In the case of Trinity Lutheran Church v. Comer, the Supreme Court decision held that ____

A) states may not discriminate against churches by denying funds, just because the applicant was a church or church related
B) states may discriminate against churches by denying funds, just because the applicant was a church or church related
C) states may not discriminate against churches by denying funds, unless the applicant is not a legally recognized church
D) states may discriminate against churches by denying funds, unless the applicant is not a legally recognized church

Question 57

According to advocates of judicial activism, the courts are ___ .

A) one vehicle to address social, economic, and political problems
B) to limit themselves to implementing legislative and executive intent
C) too timid to provide equal justice
D) too dangerous to turn loose

Question 58

According to advocates of judicial restraints, the courts are ___ .

A) one vehicle to address social, economic, and political problems
B) to limit themselves to implementing legislative and executive intent
C) too timid to provide equal justice
D) too dangerous to turn loose

Question 59

Which one of the following statements is true regarding judicial activism and judicial restraint?

A) Both are naturally and logically identified with liberalism and conservatism.
B) Every time a court applies an existing law to a new situation it is reshaping the law.
C) Given the nature of the American judiciary, the courts are able to avoid making policy.
D) Requirements of the Constitution clearly define the power and limits of federal courts.

Question 60

According to ___ , judicial activism is a device that is sometimes necessary to assist society in addressing a particularly difficult issue.

A) Bill Clinton
B) George W. Bush
C) Donald Trump
D) None of the above

Question 61

The Missouri System refers to ___ .

A) limiting tenure for state judges to one long term of eighteen to twenty or twenty-five years with no possibility of a second term
B) compensating state judges based on a salary table with a fixed ratio to the salaries of the governor and state legislators
C) selecting state judges from a merit-based process whereby an expert panel nominates candidates and the governor selects from among them
D) All of the above

Question 62

Which two of the following recently-decided Supreme Court cases reflect conservative decisions?

A) Citizens United v. Federal Election Commission
B) King v. Burwell
C) Obergefel v. Hodges
D) Shelby County v. Holder

Question 63

In the case of Marbury v. Madison, Chief Justice John Marshall made which two of the following critical points?

A) A law that contravenes the Constitution is void.
B) However, it is not the court's duty to declare a law that contravenes the Constitution as unconstitutional.
C) Even though a law may contravene the Constitution it is not void.
D) It is the court's particular duty to declare a law that contravenes the Constitution as unconstitutional.

Question 64

Thomas Jefferson's response to John Marshall's decision in Marbury v. Madison included which two of the following critical points?

A) A law that contravenes the Constitution is void.
B) However, it is not the duty just of the courts to declare a law that contravenes the Constitution unconstitutional.
C) Even though a law may contravene the Constitution it is not void.
D) It is the court's particular duty to declare a law that contravenes the Constitution as unconstitutional.

Question 65

In English legal history, the phrase "common law" refers to which two of the following concepts?

A) the law as announced by the king's judges
B) the customs common to a particular region
C) traditions common to one local community
D) the laws common to the whole realm

Question 66

Which two of the following statements did seventeenth-century English jurist Sir Edward Coke make regarding the role of judicial courts and political power in deciding cases?

A) "The King may decide legal disputes on his own royal authority."
B) Cases "ought to be determined and adjudged in some Court of Justice, according to the law and custom of England."
C) "The King in his own person cannot adjudge any case."
D) Cases can only be subject to the "broad jurisprudence of right and remedy" of Parliament.

Question 67

Over time, American law has evolved into a combination of __________and ___ ."

A) formalism of the civil code
B) principles of the common law
C) critical legal theory
D) specific rights and responsibilities

Question 68

In American law, courts traditionally will hear cases that appear to require a __________resolution rather than a __________resolution.

A) political
B) ideological
C) philosophical
D) judicial

Question 69

The Judiciary Act of 1789 constituted the Supreme Court with __________justices and created a ___ -tiered system of lower federal courts.

A) two
B) three
C) six
D) nine

Question 70

There are __________U.S. district courts in the fifty states that processed about __________criminal cases in 2016.

A) 94
B) 77357
C) 104
D) 291851

Question 71

The 94 U.S. district courts have a total of __________judges, while the 13 U.S. courts of appeal have a total of __________judges.

A) 13
B) 94
C) 179
D) 673

Question 72

The __________requires that four justices agree before a __________will be granted and a case heard before the Supreme Court.

A) writ of certiorari
B) amicus curie brief
C) rule of four
D) oral argument

Question 73

The late Antonin Scalia was appointed to the Supreme Court by __________and was the intellectual leader of the __________majority on the court.

A) Ronald Reagan
B) Bill Clinton
C) conservative
D) liberal

Question 74

In 1954, the Supreme Court decision in the case of __________overturned __________and declared that racial segregation in public schools was unconstitutional.

A) Dred Scott v. Sandford
B) Plessy v. Ferguson
C) Brown v. Board of Education
D) Shelby County v. Holder

Question 75

President Richard Nixon's nomination and the Senate's confirmation of __________as Chief Justice resulted in the Supreme Court's consolidation of the previous court's __________legacy.

A) Earl Warren
B) conservative
C) Warren Burger
D) liberal

Question 76

President Ronald Reagan's nomination and the Senate's confirmation of __________as Chief Justice resulted in the Supreme Court's limitations on the previous court's __________legacy.

A) William Rehnquist
B) conservative
C) Warren Burger
D) liberal

Question 77

When federal courts blocked a presidential executive order to cut funding to ___ , White House officials' criticism of "unelected judges" reflected Trump's ___ .

A) sanctuary cities
B) populism
C) abortion clinics
D) conservatism

Question 78

Stare decisis is a decision that serves as the foundation for future court rulings.

Question 79

Law and the courts play a larger and more powerful role in the United States than in any other country in the world.

Question 80

Although necessary during the formative years of the American republic, today the Judiciary Act of 1789 is no longer the basic law governing the federal courts.