Question 1

In the Fletcher v.Peck case the Supreme Court ____________________.

Accepted Answer

The Fletcher v. Peck case was the first time the Supreme Court declared a state law, specifically a Georgia state law, invalid under the U.S. Constitution's Contracts Clause.

Question 2

Which constitutional provision establishes the federal judiciary?

Accepted Answer

Article III of the United States Constitution establishes the federal judiciary, including the Supreme Court, and authorizes Congress to create other federal courts.

Question 3

Courts' ability to enforce contracts may create incentives for two parties to uphold an agreement when they otherwise would have preferred to defect.By doing so,courts prevent the contracting parties from facing a/an _________________________.

Accepted Answer

The situation described in the statement - where two parties would prefer to defect but are incentivized to uphold an agreement because of the enforcement power of courts - is a classic example of the Prisoner's Dilemma. The other answer choices, such as principal-agent problem, coordination problem, unstable coalition, and collective-action problem, do not accurately describe the situation presented in the statement.

Question 4

Federal courts are sometimes called upon to decide whether,in a given circumstance,it is appropriate to overturn state courts' decisions.Generally ____________________.

Accepted Answer

Federal courts generally prefer to defer to state courts in matters that are internal to the states and do not obviously violate national law. This is based on the principle of federalism and the idea that states are sovereign within their own borders, except in cases where federal law or the Constitution clearly preempts state authority. Therefore, federal courts will only overturn state court decisions if there is a clear violation of federal law or the Constitution, or if the state court decision conflicts with a previous federal court decision on the same issue.

Question 5

What is the least democratic branch of the American national government?

Accepted Answer

The Supreme Court is the least democratic branch of the American national government because its members are appointed and not elected, and they have lifetime tenure. They are not accountable to the people through elections, and their decisions can have a significant impact on public policy without democratic input.

Question 6

____________________ is the authority of courts to decide whether a law or government action is constitutionally permissible.

Accepted Answer

Judicial review is the authority of courts to decide on the constitutionality of laws or government actions. It allows the judiciary to strike down laws that violate the Constitution, making it a crucial aspect of separation of powers and checks and balances in the United States government. Judicial restraint, judicial activism, judicial independence, and veto power do not directly relate to the authority of courts to decide on the constitutionality of laws or government actions.

Question 7

In the Marbury v.Madison case the Supreme Court ____________________.

Accepted Answer

In the Marbury v. Madison case, the Supreme Court established the principle of judicial review, which allows the Court to declare acts of Congress unconstitutional. This was the first time the Court had declared a federal law invalid under the U.S. Constitution.

Question 8

How many justices currently sit on the Supreme Court?

Accepted Answer

Currently, there are 9 justices on the Supreme Court. This number can potentially change if there are vacancies and new appointments made by the president and confirmed by the Senate.

Question 9

The courts are centrally important in democratic societies.The U.S.Constitution ____________________.

Accepted Answer

The U.S. Constitution says remarkably little about the role of the judicial branch, primarily outlining its structure in Article III but not detailing its functions extensively.

Question 10

Which institution must give "advice and consent" to presidential appointments to the federal judiciary under the terms of the U.S.Constitution?

Accepted Answer

The Senate is given the power of "advice and consent" in Article II, Section 2 of the U.S. Constitution to confirm or reject presidential appointments to the federal judiciary.

Question 11

By providing and enforcing an authoritative interpretation of the Constitution and federal laws,the federal courts help resolve ____________________ that arise when lower level governments act under different interpretations of the law.

Accepted Answer

Coordination problems arise when multiple actors need to coordinate their actions in order to achieve a desired outcome, but there is uncertainty or disagreement about the best way to do so. In this case, lower level governments may act differently based on their own interpretation of the law, leading to coordination problems across the system. By providing an authoritative interpretation of the law, the federal courts can help resolve these coordination problems.

Question 12

Which of the following provisions is NOT found in Article III of the U.S.Constitution?

Accepted Answer

Judicial review is not explicitly mentioned in Article III; it was established by the Supreme Court in Marbury v. Madison.

Question 13

What is necessary for the rule of law to be beneficial to society?

Accepted Answer

For the rule of law to be beneficial to society, people must have faith that the courts will be unbiased and will rule fairly based on the law. This is crucial to maintaining public trust in the legal system and ensuring that justice is served. It is also important for judges to follow the legal model of judicial decision making and to be impartial in their rulings, rather than being swayed by political factors or personal beliefs. While strict constructionism and the election of judges may have some relevance to the rule of law, they are not as critical as the need for impartiality and public trust in the courts.

Question 14

In most modern democracies,the judiciary is independent of the elected branches and serves to check the authority of the government.By "independent" we mean ____________________.

Accepted Answer

Independence of the judiciary means that the courts are free to make decisions based on the merits of the case and are not subject to pressure or influence from the other branches of government. Option C is the best choice as it includes both legislative and executive branches, which are the branches elected by the people. Options A, B, D, and E may also be true to some extent, but they do not cover the full range of pressures that the judiciary may face.

Question 15

The "switch in time that saved nine" refers to ____________________.

Accepted Answer

The "switch in time that saved nine" refers to the ideological shift in the Supreme Court's decisions in response to President Roosevelt's proposal to expand the size of the Court. Prior to the proposal, the Court had been striking down many of Roosevelt's New Deal programs as unconstitutional, but after the proposal, the Court began upholding the programs, effectively saving Roosevelt's agenda from being obstructed. This shift is commonly referred to as the "switch in time that saved nine" because it prevented Roosevelt from having to add additional justices to the Court, which he had threatened to do in order to get his policies passed.

Question 16

Suppose Bob agrees to sell his car to Mary for $5,000.They draw up a contract stating that Mary will pay Bob the money on May 1 and that Bob will give the car to Mary on May 2.In the absence of a court of law,Bob might be tempted to "defect" from the agreement by taking Mary's money and then denying her possession of the car.A court,however,enables Mary to sue Bob if he does not honor his obligations under the contract.The relationship between Bob and Mary is a type of ____________________.

Accepted Answer

The situation described is a Prisoner's Dilemma, where both parties have an incentive to defect from the agreement for personal gain, but mutual cooperation would lead to a better outcome for both.

Question 17

Article VI of the Constitution declares that all laws of the United States,and the Constitution itself,shall be ____________________.

Accepted Answer

Article VI establishes the idea that federal law, including the Constitution, takes precedence over state law. It specifically mentions that the federal laws and the Constitution shall be "the supreme Law of the Land." Therefore, option A is the correct choice.

Question 18

The constitutional requirements of presidential appointment and senatorial advice and consent for federal judges are examples of ____________________.

Accepted Answer

The constitutional requirements of presidential appointment and senatorial advice and consent for federal judges are an example of checks and balances. This system ensures that no one branch of government has too much power and allows for a system of accountability and oversight. The president appoints judges, but the Senate must confirm those appointments, ensuring that the president does not have unchecked power in selecting judges.

Question 19

The Supreme Court has an aura of invincibility and independence,of being "above" politics,because ____________________.

Accepted Answer

Justices are appointed for life and their decisions are not formally accountable to either the voters or the other branches of government, which creates a perception of independence and invincibility.

Question 20

United States Supreme Court Justices are ____________________ for ____________________.

Accepted Answer

United States Supreme Court Justices are appointed by the President and confirmed by the Senate, and they serve for life (conditional on good behavior). This is outlined in Article III of the U.S. Constitution.

Quiz 8: the Judiciary