Deck 9: The Federal Judiciary

Question 1

John Marshall maintained that the national government's legitimacy was both independent of and superior to that of the individual states for which of the following reasons?

A) The national government had been approved directly by the citizenry in special ratification conventions.
B) The national government had been approved directly by the states in special ratification conventions.
C) The national government had been approved directly by the House and Senate in special ratification conventions.
D) The national government had more resources, including a larger standing army.

Answer 1

A

Question 2

President Andrew Jackson chose Roger Taney to be the successor to Chief Justice John Marshall for which of the following reasons?

A) Taney, like Jackson, was an advocate of states' rights.
B) They had been friends since law school.
C) Jackson looked for someone who would continue the strong federalist leanings of John Marshall.
D) Jackson looked for someone who would take a more federalist-leaning outlook than Marshall.

Answer 2

A

Question 3

Why was the election of 1800 a pivotal event for constitutional developments in the United States?

A) It was the first time presidential elections were conducted under the Twelfth Amendment.
B) Had power not been transferred peacefully, it would have put the integrity of the Constitution in doubt and future politicians would have a prisoner's dilemma of abiding by the rules or reneging.
C) The concerns over the transition of power illustrated the trade-offs between transaction costs and conformity costs.
D) The questions surrounding the peaceful transfer of power raised important questions about the tragedy of the commons and the willingness of the defeated party to use arcane constitutional moves to protect their power.

Answer 3

B

Question 4

The Federalists passed the Judiciary Act of 1801, which accomplished which of the following?

A) It fixed the number of justices of the Supreme Court at nine to ensure that the new President would be able to mold the federal judiciary.
B) It made an advisory council to the federal judiciary comprising all the chief justices of the state supreme courts.
C) It tied judges' salaries to the number of cases filed.
D) It sharply raised the number of district and appellate courts and thereby created new judgeships for the outgoing Federalists to fill.

Question 5

Regulating railroads and monopolies along with providing services to citizens are examples of what kinds of cases that the Supreme Court faced during its second era of judicial review?

A) boundaries between national and state power
B) civil rights and liberties
C) government regulation of the economy
D) government regulation of individual preferences

Question 6

Although initially ignored as a toothless partisan maneuver, Marbury v. Madison ______.

A) ultimately led to Aaron Burr's conspiracy trial
B) subsequently led Marbury from simple magistrate to Chief Justice of the Supreme Court
C) subsequently came to be appreciated for establishing the Court's "coequal" status among the branches of government
D) subsequently came to be appreciated for establishing the Court's status as the most powerful among the branches of government

Question 7

What was one of the consequences for the Supreme Court that resulted from the defeat of the Confederacy during the Civil War?

A) The Court was bound to support the national government in any dispute since the war settled all questions related to the distribution of national and state powers.
B) The Fifth and Fourteenth Amendments empowered the Court to fight discrimination.
C) The Court faced a barrage of lawsuits related to the destruction of private property as a result of the fighting.
D) The Court was obliged to devote more attention than ever before to policies emanating from the lower levels of government.

Question 8

Jefferson's response to the appointment of members of the defeated Federalist Party by Adams to the federal judiciary was a complaint that ______.

A) the Federalists had "retired into the judiciary as a strong hold"
B) those appointed to the federal bench by Adams were too old and viewed the job as a retirement of sorts
C) he wanted to bring criminal charges against some of the men appointed to the judiciary by Adams but could not because of judicial immunity
D) the judicial branch had exerted an unconstitutional independence

Question 9

Which of the following describes the impact of Marbury v. Madison?

A) It did not immediately strengthen the Court's power in its relations with the President or Congress.
B) It was dramatic and immediate, as the Court declared over one hundred federal laws unconstitutional within a few years of the decision.
C) It was short-lived, as Congress passed legislation repealing the Judiciary Act of 1801 and with it the power of judicial review.
D) It was institutionalized with the passage of the Twelfth Amendment.

Question 10

Marshall's ruling in Marbury v. Madison is a testament to his strategic political skills for which of the following reasons?

A) It gave Marshall's political principal, Marbury, virtually everything he sought.
B) Marshall actually had another justice write the opinion and Marshall dissented, thus avoiding blame for the controversy.
C) It led to Marshall ultimately being chosen as Jefferson's Vice President in his second term.
D) It did not command the other political actors to do anything to affirm the Court's authority.

Question 11

The acceptance of judicial review following the decision in Marbury v. Madison was ______.

A) affirmed by the other branches over time by establishing precedent
B) quickly overturned by Congress once the Federalists regained control
C) quickly affirmed by the other branches of government as a reasonable compromise
D) ignored by the other branches since the Supreme Court could not enforce its decisions

Question 12

Which of the following statements about judicial review is accurate?

A) The Framers expressed intent to place the Supreme Court on the same level as the legislative and executive branches.
B) Electing the Supreme Court provided the foundation that allowed the judiciary to exercise its power without any concerns about their constitutional legitimacy.
C) The Supreme Court can only exercise judicial review when the legislative and executive branches refuse to act.
D) The supremacy clause allowed the Court to veto state laws, but not everyone agrees that the Court can declare acts of Congress unconstitutional.

Question 13

In its decision in Stuart v. Laird, what grounds did the Supreme Court use to determine whether the repeal of the Judiciary Act of 1801 was constitutional?

A) Only the President could determine the organization of the judicial branch.
B) Congress possessed the power to reorganize the judicial branch.
C) The legislation exceeded the Constitution and any changes to the judiciary required a constitutional amendment.
D) The judiciary was responsible for its own organization and did not like the increased size of the courts.

Question 14

What was one of the major economic problems caused by the Articles of Confederation that brought the delegates together in Philadelphia?

A) state support of slavery
B) the federal government infringing on states' rights
C) state governments infringing on federal jurisdiction
D) state raids on property rights

Question 15

How did Marshall's reasoning in Marbury v. Madison affect the balance of power between the Court and Congress?

A) Through a clear and powerful interpretation of the Constitution, Marshall demonstrated that the Framers intended that the Court exercise judicial review.
B) His opinion highlighted the critical role that presidents play in making appointments and ensuring that the President had sufficient staff to choose qualified individuals.
C) He argued that the Constitution was superior to ordinary laws, and therefore, any legislative acts contrary to the Constitution is not law.
D) Exploiting the political divisions in the country, Marshall fashioned an opinion that appealed to everyone and demonstrated that the Court was the only nonpolitical actor.

Question 16

Which of the following areas has not been the focus of one of the Supreme Court's historical eras?

A) nation-state authority
B) government regulation of the economy
C) congressional delegation to the executive branch
D) civil rights and liberties

Question 17

The doctrine of judicial review ______.

A) is expressly provided for in the Constitution
B) holds that the Supreme Court possesses the authority to rule acts of Congress unconstitutional
C) is a modern creation of activist judges from the civil rights era
D) is only used to issue nonbinding advisory opinions

Question 18

Marshall's explanation of the necessary and proper clause of the Constitution can be summed up as allowing congressional action ______.

A) only when the President certifies that the action is necessary and proper for the administration of justice
B) only if the action is explicitly provided for in the Constitution
C) as long as the executive agreed with the action and it was not specifically prohibited by the Constitution
D) as long as the means are plainly adapted to achieve an enumerated power and not specifically prohibited by the Constitution

Question 19

The Supreme Court opinion in Dred Scott v. Sandford asserted which of the following?

A) Slaves were not citizens under the Constitution and Congress could not outlaw slavery in the new territories.
B) A slave had a right to seek freedom across state lines.
C) Congress could outlaw slavery in the new territories, but any slaves who escaped had to be returned to their owners.
D) Congress had misinterpreted the intentions of the Framers and slave owners should be allowed to import more slaves from overseas.

Question 20

In McCulloch v. Maryland, the Supreme Court ruled which of the following?

A) That federal taxation of private property or income was unconstitutional.
B) That state taxation of federal property or its activities was unconstitutional.
C) That state taxation of private property or income was unconstitutional.
D) That federal taxation of state property or its activities was unconstitutional.

Question 21

What was the real purpose of President Franklin Delano Roosevelt's court-packing plan?

A) implementing mandatory retirement ages for judges so that Roosevelt could appoint new judges who would be sympathetic to his New Deal programs.
B) the opportunity to appoint as many as six new justices that would give the Court a majority of justices sympathetic to his New Deal programs
C) the opportunity to appoint as many as six new justices that would give the Court a majority of justices who would consistently rule congressional actions unconstitutional
D) the opportunity to appoint as many as six new justices that would give the Court a majority of justices who would be sympathetic to the United States fighting in Europe

Question 22

When the Supreme Court issues rulings on whether an agency has conformed substantively and procedurally to the law's guidelines, it is an example of what kind of authority?

A) statutory interpretation
B) determining the plain meaning of the words
C) applying the rulebook as a disinterested third party
D) textualism

Question 23

The unprecedented vigor with which the Supreme Court struck down laws regulating business during the 1920s did which of the following?

A) It won the Court the admiration of many elected officials, who found that the justices obstructed congressional efforts to respond to the demands and needs of their constituents.
B) It won the Court the enmity of many elected officials, who found that the justices obstructed their efforts to respond to the demands and needs of their constituents.
C) It won the Court the admiration of many in the military, who found that the states obstructed congressional efforts to respond to the demands and needs of the armed services.
D) It led to the first multiple impeachment of Supreme Court justices in the history of the Court.

Question 24

What is the consequence of the Supreme Court enlisting its prerogative of judicial review broadly?

A) It has forced the Supreme Court into resolving more political disputes and discredited the Court as a nonpartisan referee.
B) The Court has gotten caught up in political fights with the legislative branch as Congress frequently passed constitutional amendments to overturn Court decisions.
C) It has placed the Court as the political system's chief referee responsible for keeping the political institutions in the proper orbit.
D) Presidents have become more willing to utilize their executive powers because the Court leaves policy gaps when striking down legislation Congress passed.

Question 25

What was the effect of the Supreme Court's decision upholding the constitutionality of the Affordable Care Act?

A) It damaged the legitimacy of the Court because the public has seen the decision as nakedly political.
B) It upset conservatives who were disappointed that the Court had not continued the trend of redefining the commerce clause.
C) It upset liberals who were disappointed that the Court had ruled the penalties in the Affordable Care Act constituted a tax.
D) It made neither side completely happy but enhanced the credibility of the Court over the long term.

Question 26

Which of the following statements about the U.S. Courts of Appeal is true?

A) The nation is divided into four geographic regions for hearing appeals from the district courts.
B) They are responsible for hearing appeals of all cases, federal and state, in their geographic region.
C) They usually review district court decisions in three-judge panels.
D) The pool of appellate judges is drawn from the district court judges.

Question 27

Why did the Supreme Court turn to cases involving the relationship between individuals and the government during its third era?

A) There were so many cases in the past that had been decided incorrectly that the Court decided to correct those errors.
B) The President and Congress requested that the Court tackle these tough questions that could not be resolved through the legislative process.
C) The confluence of forces brought these cases when it was receptive to fresh issues over which it could assert its authority.
D) The passage of new constitutional amendments provided citizens with greater access to the courts if they felt that the government had infringed on their rights.

Question 28

The Rehnquist Court ______.

A) rebalanced the power relationship between the state and federal governments
B) rebalanced the power relationship between the executive and legislative branches
C) formally rejected a limited view of the scope of the commerce clause
D) adhered to activist arguments to refocus the Supreme Court on how legislation complies with the Constitution

Question 29

Why are federal courts of limited jurisdiction?

A) They only handle specific types of cases.
B) They only handle civil cases.
C) They hear federal questions and cases involving citizens of different states.
D) They process all cases through briefs rather than hearing testimony to limit the number of cases.

Question 30

Who is the current Chief Justice of the United States?

A) Earl Warren
B) William Rehnquist
C) Antonin Scalia
D) John Roberts

Question 31

Which of the following is true about Franklin Roosevelt's appointment of seven new members of the Supreme Court between 1937 and 1941?

A) The Court became known as "Roosevelt's Posse."
B) The Court began to pay attention to civil rights and liberties.
C) Three of the seven appointments were given to his close relatives.
D) The Court, then deeply divided, very seldom reached a clear majority on any significant issue.

Question 32

Which of the following are the three layers of organization of the federal judiciary?

A) state supreme courts, appellate courts, and the Supreme Court
B) criminal law courts, civil law courts, and the Supreme Court
C) the district courts, the circuit courts of appeal, and the Supreme Court
D) state courts, district courts of appeal, and the Supreme Court

Question 33

The dramatic conversion of the Supreme Court agenda and its view of federal power came about through which of the following?

A) institutional reform
B) the replacement of retiring justices with new ones
C) a constitutional amendment limiting the Court's jurisdiction
D) congressional action limiting the Court's jurisdiction

Question 34

Which of the following statements about Supreme Court decisions concerning state regulations of business is accurate?

A) The Court defined the public interest very precisely and provided the states with wide latitude to regulate all types of businesses.
B) The Court defined the public interest very precisely and prohibited the states from engaging in most forms of regulation.
C) The Court struggled to develop a consistent doctrine for defining the public interest so the courts were inundated with these cases.
D) The Court struggled to develop a consistent doctrine for defining the public interest so it meant that few cases were filed and the issue was eventually resolved by Congress.

Question 35

Evidence of the Supreme Court's historical sympathy for protecting property rights can be seen in its interpretation of the language of the Fourteenth Amendment, which defined corporations as persons to invoke which of the following?

A) the doctrine of nullification
B) the due process clause
C) federal desegregation laws
D) the necessary and proper clause

Question 36

In 1905, in Lochner v. New York, the Supreme Court struck down a New York law restricting which of the following?

A) the ability of Congress to limit hours worked per day by women
B) the right of women to work the same number of hours as men
C) the work hours of bakers to ten hours a day or sixty hours a week
D) right to a 40-hr work week

Question 37

Why does the effectiveness of the Supreme Court depend on delegation?

A) As agents for the legislative and executive branches, the Court wants to minimize hidden action.
B) The Court depends heavily on the executive and legislative branches to enforce its opinions.
C) The Court must persuade the lower federal judiciary, by the strength of its opinions, to implement its policies.
D) The Constitution gives the Supreme Court exclusive control over judicial policy and the Court wants to avoid congressional hearings or constitutional amendments.

Question 38

Which of the following statements about federal district courts is true?

A) The number of district courts in a state equals its number of representatives in the House.
B) They are trial courts and most cases in the federal system must start here.
C) The judges are elected for 10-year terms to promote responsiveness.
D) The decisions cannot be appealed unless the Supreme Court agrees that the case is important.

Question 39

Following the civil rights era, the Court began to start rolling back what constitutional interpretation?

A) a broad reading of the necessary and proper clause
B) the notion of dual citizenship
C) the generous interpretation of the take care clause
D) the expansive view of the commerce clause

Question 40

Constitutional courts ______.

A) are all the inferior courts that were included in Article III of the Constitution
B) are established by the President to relieve the workload on the Supreme Court
C) are lower level courts designed to handle litigation that exercise the same power of judicial review as the Supreme Court
D) are created by the Supreme Court to minimize the workload of the justices and take advantage of specialization to produce better decisions

Question 41

Which of the following statements about the organization of the federal judiciary is accurate?

A) All of the lower courts must follow the decisions of the Supreme Court so there is consistency in the law.
B) It is a decentralized organization, physically dispersed across the nation, and administered by individual, life-tenured judges.
C) The clean lines of authority stemming from the organizational structure create a tightly supervised hierarchy.
D) The Supreme Court has a wide variety of administrative tools that it can use to make sure that its agents implement the Court's policies.

Question 42

The ability of the Supreme Court to control its caseload ______.

A) has diminished because Congress requires the Court to hear all cases when there are different opinions in the circuit courts of appeals
B) has resulted in the Supreme Court increasing the number of cases it hears to weigh in on the most politically salient issues of the day
C) emerged in 1925 as Congress passed legislation allowing the Supreme Court to exercise greater discretion in the cases it hears
D) does not exist because the Constitution requires the Supreme Court to hear every appeal to ensure justice for all citizens

Question 43

Writs of certiorari ______.

A) force the justices to take a hard, strategic look at petitions before promoting them, so political strategy is an important consideration
B) provide the Supreme Court with an opportunity to consider cases but a majority of justices must agree to hear the case argued
C) can only be read by the justices to protect confidential information so justices generally do not accept writs of certiorari
D) usually mean that once the Court has decided to hear a case there is a clear majority for reaching a decision

Question 44

Deferring to members of the presidents own party when considering judicial nominations is referred to as ______.

A) senatorial courtesy
B) writ of certiori
C) judical review
D) stare decisis

Question 45

Presidential nominations to the federal bench ______.

A) focus solely on the skills and qualifications of nominees and exclude any considerations of region, race, or religion
B) can significantly shift judicial policy when one party controls the presidency over time through the cumulative impact of nominations
C) are noncontroversial affairs as senators generally defer to the President's wishes since the Constitution grants the President a first-mover advantage
D) generally move at a consistent pace through a President's administration to ensure that cases are disposed of promptly

Question 46

Because the president nominates and the Senate confirms federal court appointments, ______.

A) they are sent to the sitting Supreme Court justices for a formal recommendation before the President nominates them
B) they tend to be nonpartisan
C) they do not stray from mainstream public opinion for long
D) the doctrine of judicial review does not work

Question 47

What are the limits faced by the Supreme Court in exercising internal control?

A) Subordinates do not defer to their principals and seek guidance because the life tenure of judges insulates the judges from one another.
B) Sharing responsibility for removal power with Congress makes it hard to agree on the conditions under which judges should be punished.
C) Once the Court decides a case, they are not allowed to hear it again even if a lower federal court disregards the ruling.
D) Presidential vetoes of Supreme Court rulings make the Court reluctant to take on highly charged political issues.

Question 48

When local law enforcement jurisdictions follow Miranda guidelines as standard operating procedure when making arrests, it is an example of the Supreme Court using ______.

A) standing doctrine
B) procedural doctrine
C) substantive doctrine
D) amicus curiae doctrine

Question 49

Which of the following is not a tool that Congress and the President can use to rein in the Supreme Court?

A) amending the Constitution
B) reducing the salary of judges
C) set the jurisdiction of the courts
D) create lower courts

Question 50

When choosing Supreme Court nominees, presidents have done which of the following?

A) They have chosen members of their own parties about half of the time.
B) They have paid almost no attention to the party affiliation of the nominees.
C) They have chosen members of their own parties.
D) They have only nominated members of their own parties.

Question 51

Presidents have traditionally deferred to senators on the nomination of justices to fill which court?

A) district courts
B) courts of appeals
C) D.C. circuit court
D) Supreme Court

Question 52

Only litigants who are directly or adversely affected by a disputed action have the right, otherwise known as ______, to bring the case to court.

A) substantive due process
B) the Marbury Doctrine
C) standing
D) the Madison Doctrine

Question 53

What does the process of opinion writing in Brown v. Board of Education illustrate about decision-making at the Supreme Court?

A) On the most important issues facing the Court, the Chief Justice is always able to cobble together a majority.
B) The price of broad support among the justices may be vague, imperfectly enforced doctrine.
C) Dissenting opinions are critical for explaining the real outcome of the case.
D) A unanimous Court decision almost always leads to easy implementation of decisions.

Question 54

For the 8,000 or so certiorari requests it receives each year, the Supreme Court's rule to determine whether any given case is heard is ______.

A) at least one of the nine justices must favor hearing the case
B) four of the nine justices must favor hearing the case
C) five of the nine justices must favor hearing the case
D) the justices must unanimously favor hearing the case

Question 55

What does the nomination of federal judges illustrate?

A) Presidents strive to find nonpartisan individuals to fill seats on the bench in order to ensure that the laws are interpreted properly.
B) The President nominates and the House either accepts or rejects, and this shared responsibility provides politicians in these institutions with their best chance to influence judicial policies.
C) The President nominates and the Senate either accepts or rejects, and this shared responsibility provides politicians in these institutions with their best chance to influence judicial policies.
D) The Speaker nominates and the Senate either accepts or rejects, and this shared responsibility provides politicians in these institutions with their best chance to influence judicial policies.

Question 56

What is one of the advantages of stare decisis for judicial decision-making?

A) It reduces the burden on the Court because cases with similar facts do not need hearings.
B) It frees the Court to monitor closely those decisions that fail to follow precedent or are otherwise unresolved.
C) It enables the Court to ensure that the lower courts are closely following the decisions of the Court in order to reduce the independence of judges.
D) It provides the Court with a legal rationale for defending its decision-making from congressional interference.

Question 57

Which of the following statements about opinion writing at the Supreme Court is true?

A) Once the majority opinion is drafted, it often undergoes prolonged internal bargaining as the writer tries to persuade the other justices that the legal arguments are correct.
B) To ensure that the wishes of the Supreme Court are followed, all of the decisions are tightly written so there is no blurring of the message.
C) There is really no difference in effect between a unanimous decision and a 5-4 decision because both decisions still establish a majority for an outcome.
D) Members issue few dissenting or concurring opinions because the caseload at the Supreme Court is so extensive that members spend most of their time writing majority opinions.

Question 58

Which of the following statements about the Court's selection of cases is accurate?

A) A majority of the justices must agree to hear a case.
B) The recommendation of the Solicitor General obligates the Court to hear a case.
C) Congress passed legislation requiring the Court to take cases when states reach different decisions on a policy matter.
D) The justices look for cases they can use to resolve ambiguities and conflicting circuit court decisions.

Question 59

Federal district court judges ______.

A) manage to favor the ideological preferences of the President who appointed them
B) are unable to favor the ideological preferences of the President who appointed them because their opinions are constrained by the appeals court and the Supreme Court
C) are not required to be confirmed by the U.S. Senate
D) are normally tapped to chair the subcommittee hearings for the House Judiciary Committee

Question 60

All of the following practices have given oppostion mparties a significant measure of influence over recruitment EXCEPT for ______.

A) judicial review
B) filibuster
C) senatorial courtesy
D) blue slips

Question 61

Due to overwhelming Democratic majorities in Congress, President Roosevelt was able to expand the Supreme Court and protect his New Deal programs.

Question 62

What is "standing?"

Question 63

The overwhelming public outcry against Taney's reasoning in Dred Scott case left the Supreme Court seriously discredited.

Question 64

Explain the conflicts surrounding the effect of judicial ideology in decision-making.

Question 65

The Roberts Court followed the tradition of the Rehnquist Court by scrutinizing and limiting new laws based on an assertion of federal government authority under the commerce clause.

Question 66

Explain what distinguishes a majority opinion from a dissenting opinion and a concurring opinion.

Question 67

The Department of Justice is by far the most frequent and most important litigant in the federal court system, where it is the primary representative of the federal government.

Question 68

Article III of the Constitution explicitly provides the Supreme Court with the power of judicial review.

Question 69

Article III of the Constitution established the entire federal judiciary and provided each level with the same power of judicial review.

Question 70

What was Justice Owen Roberts's "switch in time that saved nine?"

Question 71

After the Supreme Court's decision in Marbury v. Madison, it immediately started to strike down a large number of laws Congress passed as unconstitutional.

Question 72

As the Supreme Court has freed itself to focus on cases that contain important, unresolved policy issues, the proportion of controversial cases has increased dramatically, and thus there are higher numbers of dissenting and concurring opinions.

Question 73

Judicial activism is a term often associated with conservative decisions by the courts restricting the conventional view of criminal or civil rights.

Question 74

What is an amicus curiae brief?

Question 75

Explain the political importance of the Judiciary Act of 1801 and how it sets the stage for the emergence of judicial review.

Question 76

How do cases reach the Supreme Court and what factors influence whether cases are heard?

Question 77

Briefly explain the concept of judicial review.

Question 78

The courts of appeals usually hear cases in three-judge panels.

Question 79

Compare and contrast the three eras of the Supreme Court's history.

Question 80

While the Supreme Court generally delivered pro-business decisions, it consistently upheld state prohibitions against the sale of alcohol.