Question 1

The federal court system as we know it today is specifically outlined and described in the U.S. Constitution.

Accepted Answer

The U.S. Constitution establishes the Supreme Court but leaves the creation of lower federal courts to the discretion of Congress, not providing a detailed structure for the entire federal court system.

Question 2

Anti-Federalists argued that by granting the power to overturn legislation in the Supreme Court, the nation would run the risk of unconstrained justices imposing their own views of what is constitutional and what is not.

Accepted Answer

This was a major concern of the Anti-Federalists, who feared that unelected justices on the Supreme Court could override the will of the people and impose their own beliefs on the nation.

Question 3

Which of the following justices was appointed during Donald Trump's presidency?

Accepted Answer

The answer of Which of the following justices was appointed...

Question 4

During her confirmation, Sonia Sotomayor raised suspicion regarding her ability to stick to the Constitution as written when delivering her vote, based on her statements about the role her Latina identity played in her judicial career. Republicans may have been concerned she would use the ______ model to achieve certain policy objectives regarding the Latin American community in an unfair way.

Accepted Answer

The answer of During her confirmation, Sonia Sotomayor raised suspicion...

Question 5

In order to establish "inferior courts" in the federal judiciary, the first Congress passed the Judiciary Act of 1789.

Accepted Answer

The Judiciary Act of 1789 established the federal court system, including the creation of inferior courts.

Question 6

The Supreme Court can exercise both original and appellate jurisdiction.

Accepted Answer

According to the Constitution, the Supreme Court has original jurisdiction in cases involving ambassadors, public ministers, and consuls, and in cases where a state is a party. In all other cases, the Supreme Court exercises appellate jurisdiction, meaning they review cases that have been decided in lower courts.

Question 7

Sarah believes that Supreme Court justices should be willing to step in and overturn laws when they see the need to do so. Sarah would be considered a proponent of judicial ______.

Accepted Answer

Judicial activism refers to the belief that judges should interpret the Constitution and laws in a way that advances the principles of justice, equality, and democracy, and that they should be willing to strike down laws that are deemed unconstitutional. Therefore, Sarah's belief that justices should be willing to overturn laws suggests that she is a proponent of judicial activism.

Question 8

The Supreme Court decision that established judicial review over federal laws was Marbury v. Madison (1803).

Accepted Answer

This is true. In the Marbury v. Madison case, Chief Justice John Marshall declared that the Supreme Court had the power of judicial review, allowing the Court to strike down laws that were found to be unconstitutional.

Question 9

Sonya Sotomayor was considered by many to be the "riskiest choice" for Supreme Court nominee because of her public remarks on the ______.

Accepted Answer

Sonya Sotomayor's remarks on the importance of identity and personal history in judicial decision making made her a controversial choice for Supreme Court nominee, as some felt that this could bias her decisions.

Question 10

Stare decisis requires justices to ______.

Accepted Answer

Stare decisis is a legal principle that mandates courts to follow previous decisions on cases with similar facts and legal issues. This principle is used to promote consistency, predictability, and stability in the legal system. Therefore, justices are required to follow precedents set by higher courts and previous cases to maintain consistency and predictability in judicial decisions.

Question 11

Delegates to the Constitutional Convention were in general agreement that the judicial branch would be the weakest of the three branches of government.

Accepted Answer

At the time of the Constitutional Convention, many delegates believed that the judiciary would be the weakest of the three branches of government because it had neither the power of the purse (like Congress) nor the power of the sword (like the President).

Question 12

David believes the Supreme Court should use their power rarely and whenever possible defer to the judgment of the legislative and executive branches on decisions that those branches have already made. David would be considered a proponent of judicial ______.

Accepted Answer

David's belief that the Supreme Court should defer to the decisions made by the legislative and executive branches indicates a preference for judicial restraint. Judicial review is the power of the Supreme Court to review and potentially overturn laws or actions by other branches of government, which David does not advocate for. Judicial activism is the opposite of judicial restraint, and encompasses a belief that the Supreme Court should use their power to effect change in areas where the legislative and executive branches have not acted. Authorship is not a term commonly used in discussions of judicial philosophy.

Question 13

The number of Supreme Court justices was set at nine by the Constitution.

Accepted Answer

The number of Supreme Court justices is not specified in the Constitution. It is determined by Congress and has varied throughout history. The current number of Supreme Court justices is nine, but it is not a constitutional requirement.

Question 14

Alexander Bickel described the countermajoritarian difficulty in striking down legislation as ______.

Accepted Answer

The countermajoritarian difficulty, as described by Alexander Bickel, refers to the challenge of the judiciary striking down legislation that is supported by the majority of the people or elected officials. This is because the Supreme Court, as an unelected and appointed body, is acting in a countermajoritarian manner by overriding the will of the majority. Therefore, the correct choice is A, exercising control against the prevailing majority.

Question 15

When a justice uses political and policy preferences when casting their votes, rather than weighing the facts and the law neutrally, the justice is using the ______ model.

Accepted Answer

The attitudinal model suggests that justices use their personal political and policy preferences when casting their votes, rather than remaining neutral and strictly analyzing the facts and the law. This model suggests that the decisions made by justices are influenced by their attitudes and beliefs, making the outcome of a case more predictable based on the political leanings of the justices involved.

Question 16

The Supremacy Clause in the Constitution makes decisions of the Supreme Court trump decisions of state courts.

Accepted Answer

The Supremacy Clause in Article VI, Clause 2 of the US Constitution establishes that federal law, including decisions of the Supreme Court, is the supreme law of the land and takes precedence over state law and state court decisions.

Question 17

How did Gorsuch secure his Supreme Court appointment?

Accepted Answer

Senate Republicans changed the chamber rules in order to prevent filibuster and confirm Gorsuch.

Question 18

Before becoming a Supreme Court Justice, Sonia Sotomayor held a position ______.

Accepted Answer

Sonia Sotomayor served as a judge on the U.S. Court of Appeals for the Second Circuit before being appointed to the Supreme Court.

Question 19

The power of judicial review was granted to the Supreme Court expressly (written in the Constitution).

Accepted Answer

The power of judicial review is not explicitly stated in the U.S. Constitution; it was established through the Supreme Court case Marbury v. Madison in 1803.

Question 20

Proponents of originalism argue that ______ should be the primary way to make major changes in the fundamental laws of the nation.

Accepted Answer

Proponents of originalism believe that the Constitution should be interpreted according to its original meaning and intentions. Thus, the most appropriate way to make major changes in the fundamental laws of the nation would be through the formal process of amending the Constitution, which requires a supermajority vote of Congress or a constitutional convention and ratification by three-fourths of the states.

Quiz 12: The Federal Judiciary: Politics, Power, and the Least Dangerous Branch