Question 1

What legal and political factors influence the decisions that Supreme Court justices make? Given your depiction of the judicial decision-making process, what do you see as the strengths and benefits of having a Supreme Court such as ours in the American system?

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Question 2

How does the Supreme Court gain compliance with the decisions it issues?

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Question 3

The most direct action the Supreme Court can take to gain compliance is to:

Accepted Answer

Issuing narrowly written opinions on visible cases is a direct action that the Supreme Court can take to gain compliance. This sends a clear message to lower courts, the executive branch, and Congress about how specific laws or actions should be interpreted and implemented. This approach avoids broad and vague opinions that could give other actors a "way out" if they do not want to cooperate for political reasons. It also does not involve appealing to the public for support or issuing orders that threaten impeachment proceedings.

Question 4

What criteria are used to determine when the Supreme Court will hear a case that appeals for a writ of certiorari? To what degree do the political views of the justices play a role here? What impact does this have on the role of the Supreme Court in our political system?

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Question 5

The Supreme Court waited two years to issue its opinion in Brown v. Board of Education because:

Accepted Answer

The Supreme Court waited two years to issue its opinion in Brown v. Board of Education because it was sensitive to how the public would react to its decision, particularly in the South where there was significant opposition to desegregation. The Court wanted to give time for attitudes to change and the public to become more accepting of desegregation before issuing its ruling.

Question 6

What is the difference between criminal cases and civil cases? Why do these differences exist? Should these differences exist? Why or why not?

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Question 7

Who is responsible for enforcing most court decisions?

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Question 8

A president can counter the influence of a Court decision by:

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Question 9

In his book The Hollow Hope, political scientist Gerald Rosenberg argues that the courts can almost never produce significant social reform. Do you agree or disagree with Rosenberg? Use examples to support your argument.

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Question 10

When the Supreme Court refuses to take actions that are outside of the judicial domain and should be decided by elected officials, they are avoiding what are known as:

Accepted Answer

Political questions refer to issues that are better suited for resolution by the political branches of government rather than the judiciary. The Supreme Court typically avoids making decisions on political questions to maintain the separation of powers and respect the authority of the elected officials.

Question 11

The federal government and most of the states operate under a system of "common law." Define this term as well as the notion of "precedent." What role does precedent play in judicial decision making? How does this type of system create opportunities for the judicial system to be a political institution?

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Question 12

Marbury v. Madison (1803) is widely believed to be the most important Supreme Court case in American history. What was this case about? Why is it that no matter what specific party to the case won, Chief Justice John Marshall would lose? How did he turn it to his advantage? Why does that make it the most important case in American history?

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Question 13

How involved do you think the Supreme Court should be in protecting minority rights? Compare and contrast judicial activism and restraint. Then, drawing on your knowledge of American government, justify your position.

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Question 14

Which of the following is NOT a way that Congress can check the power of the courts?

Accepted Answer

Congress does not have the authority to refuse to enforce a decision made by the courts. This is because the enforcement of court decisions falls under the executive branch, not the legislative branch. The other options (A, B, C, D) are all legitimate ways Congress can check the power of the judiciary.

Question 15

Describe the process of appealing a case to the Supreme Court up to the point at which the Court issues a majority opinion. Explain each step, identifying important rules that the Supreme Court follows and noting the important actors.

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Question 16

What is the role of partisanship and politics in nominations to the federal judiciary? Does knowing a judge's partisanship tell us very much about how the judge will behave on the bench? Do you think the process is too political? Explain your answer.

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Question 17

In Brown v. Board of Education (1954), the Warren Court moved aggressively to protect minority rights even though its actions were opposed by many state legislatures. The Warren Court's ruling in Brown is an example of:

Accepted Answer

The Warren Court's ruling in Brown v. Board of Education is an example of judicial activism. The Court used its power to strike down a state law that violated the rights of minority citizens, even in the face of opposition from state legislatures. The decision reflected a willingness on the part of the Court to play an active role in protecting minority rights, rather than deferring to other branches of government or relying solely on a strict interpretation of the Constitution.

Question 18

Explain the structure of the federal judicial system. How many different levels of courts are there? How are they structured so that they cover the entire nation? What types of cases are encountered at each level? Which ones do the most work?

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Question 19

The image of Justice as a blindfolded woman holding a set of scales is:

Accepted Answer

While the image of Justice as a blindfolded woman holding a set of scales is a powerful symbol of fairness and impartiality, politics and other factors can influence the selection of judges and the decisions they make, making it somewhat misleading. Therefore, option B is the best choice.

Question 20

Why did Brown v. Board of Education eventually lead to school desegregation?

Accepted Answer

The enforcement of the Brown v. Board of Education ruling required the intervention of the federal government, including instances where Presidents Eisenhower and Kennedy federalized the National Guard to ensure that schools and universities were desegregated, demonstrating the federal commitment to enforcing the Supreme Court's decision.

Quiz 14: The Courts