Question 1

Why is precedent so important to the Supreme Court? Explain what a nominee's opinion about precedent tells us about how he or she will rule on the Court?

Accepted Answer

Precedent is important to the Supreme Court because it provides consistency and stability in the interpretation and application of the law. When the Court follows precedent, it ensures that similar cases are treated similarly, which promotes fairness and predictability in the legal system. Additionally, precedent reflects the Court's respect for the decisions of previous justices and the principles of stare decisis, which means "to stand by things decided."

A nominee's opinion about precedent tells us about how he or she will rule on the Court because it indicates their approach to interpreting the law. If a nominee expresses a strong commitment to upholding precedent, it suggests that they are more likely to respect established legal principles and be cautious about overturning previous decisions. On the other hand, if a nominee is more willing to depart from precedent, it may indicate a more flexible or activist approach to interpreting the law.

Ultimately, a nominee's stance on precedent provides insight into their judicial philosophy and how they may approach future cases. It can also signal to the public and legal community the potential direction of the Court under their tenure. Therefore, the nominee's opinion about precedent is an important factor in evaluating their suitability for a position on the Supreme Court.

Question 2

Explain the role of senatorial courtesy.

Accepted Answer

Students' answers may vary.
Senatorial courtesy is the Senate's withholding of consent to the nomination of a district court judge if the senior senator of the president's party from the nominee's state objects to that nomination.

Question 3

Explain the history of the major shifts in the Supreme Court from the founding to the present.Discuss the main constitutional changes or innovations from each period.

Accepted Answer

The history of the major shifts in the Supreme Court from the founding to the present can be divided into several key periods, each marked by significant constitutional changes or innovations.

1. Early Years (1789-1835): In the early years of the Supreme Court, the focus was on establishing the role of the judiciary within the new federal government. Chief Justice John Marshall played a pivotal role in shaping the Court's authority through landmark decisions such as Marbury v. Madison, which established the principle of judicial review. This period also saw the Court assert its power to interpret the Constitution and strike down laws that were deemed unconstitutional.

2. Civil War and Reconstruction (1861-1877): The Civil War and Reconstruction era brought about significant changes to the Constitution, particularly with the passage of the 13th, 14th, and 15th Amendments. These amendments abolished slavery, granted citizenship and equal protection under the law to all persons born or naturalized in the United States, and guaranteed the right to vote regardless of race, respectively. The Supreme Court played a crucial role in interpreting and enforcing these amendments, often in ways that limited their impact, such as in the infamous Plessy v. Ferguson decision, which upheld racial segregation.

3. Progressive Era (1890-1920): The Progressive Era saw a shift in the Court's approach to economic regulation and individual rights. The Court began to uphold various progressive reforms, such as labor laws and regulations on business practices, while also expanding protections for free speech and due process. Notable cases during this period include Lochner v. New York, which struck down a state law limiting working hours, and Schenck v. United States, which established the "clear and present danger" test for limiting free speech.

4. Civil Rights Movement and Beyond (1950s-present): The Civil Rights Movement and subsequent decades have witnessed significant shifts in the Court's approach to civil rights and individual liberties. Landmark decisions such as Brown v. Board of Education, which declared racial segregation in public schools unconstitutional, and Roe v. Wade, which recognized a woman's right to choose abortion, have had a lasting impact on American society. More recently, the Court has grappled with issues such as marriage equality, affirmative action, and the scope of presidential power.

Throughout these periods, the Supreme Court has played a crucial role in shaping the interpretation and application of the Constitution. Its decisions have reflected changing societal norms and values, as well as the evolving understanding of individual rights and government power. As the Court continues to address complex legal and constitutional issues, its role in shaping the nation's legal landscape remains as important as ever.

Question 4

Explain the difference between original jurisdiction and appellate jurisdiction.

Accepted Answer

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Question 5

Congressman X attacks judicial activism and says that federal courts should fit their decisions to the precise words found in major laws and the Constitution.He is advocating a judicial philosophy of _____.

Accepted Answer

Textualism is a judicial philosophy that emphasizes interpreting the law based on the exact words of the legislation or the Constitution, rather than inferring broader meanings or intentions.

Question 6

Explain the federal judicial selection process.Why is this process so important for both the president and the Senate? What has become of the process in recent years?

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Question 7

What is the importance of precedent to the judiciary?

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Question 8

Explain the decision in Gibbons v.Ogden.

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Question 9

Explain the differences between concurring and dissenting opinion.

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Question 10

What does the rule of four mean?

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Question 11

What was the purpose of the court-packing plan?

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Question 12

Explain the decision in Marbury v.Madison.

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Question 13

Explain the decision in Dred Scott v.Sandford.

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Question 14

Is the Supreme Court an elite democratic or popular democratic institution? In what ways does it have features of or provide impetus for each theory?

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Question 15

Explain the importance of judicial review.

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Question 16

A major debate in American politics is between advocates of "original meaning" and those of a "Living Constitution." What are the essential features of this debate? Which philosophy do you find more appealing? Why?

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Question 17

What is a writ of certiorari ?

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Question 18

Explain the role of oral argument in the Supreme Court.

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Question 19

What is an ideological bloc on the Court?

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Question 20

Explain the decision in McCulloch v.Maryland.

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Quiz 15: The Judiciary and the Democratic Debate