Question 1

The central issue in the ideological struggle regarding Supreme Court nominees has been

Accepted Answer

The central issue in the ideological struggle regarding Supreme Court nominees has often been abortion, particularly since the landmark Roe v. Wade decision in 1973. This issue has been a litmus test for many nominees, reflecting broader societal debates about reproductive rights.

Question 2

Under the power of judicial review, a law of Congress is void if it

Accepted Answer

The power of judicial review allows the judiciary to declare a law void if it is found to be in conflict with the Constitution. This ensures that all laws adhere to the country's foundational legal document.

Question 3

Since 1789, the Supreme Court has declared over _____ federal laws unconstitutional.

Accepted Answer

The Supreme Court has declared over 100 federal laws unconstitutional since 1789.

Question 4

Judges who apply rules that are clearly stated or implied by the language in the Constitution are considered to be

Accepted Answer

Judges who apply rules that are clearly stated or implied by the language in the Constitution are considered strict constructionists, as they interpret the document based on its literal wording and original intent.

Question 5

Judges who seek to discover the general principles underlying the Constitution and then amplify them on the basis of a moral or economic theory are described as

Accepted Answer

Judges described as activists are known for interpreting the Constitution in a way that expands on general principles, often incorporating their own views on morality or economic theory. This approach contrasts with strict constructionism or originalism, which emphasize sticking closely to the text or original intentions of the framers.

Question 6

To illustrate the tension between activists and strict constructionists, the text discusses a case involving

Accepted Answer

The case involving school segregation, notably Brown v. Board of Education, is a classic example that illustrates the tension between activists and strict constructionists. Activists pushed for an interpretation of the Constitution that would outlaw segregation, while strict constructionists wanted to adhere to a more literal interpretation of the Constitution, which did not explicitly address segregation in schools.

Question 7

One influential view of courts is expressed in Federalist No. 78, written by

Accepted Answer

Federalist No. 78 was written by Alexander Hamilton, where he discusses the judiciary branch of government, emphasizing its role in interpreting and applying the law, and its need for independence.

Question 8

During the period 1787 to 1865, one of the major issues confronting the courts was

Accepted Answer

During this period, the legitimacy of the federal government was a major issue as the United States was establishing its constitutional framework and addressing conflicts between state and federal powers.

Question 9

The statement, "John Marshall has made his decision, now let him enforce it!" was made by

Accepted Answer

This statement is attributed to President Andrew Jackson in response to a Supreme Court decision led by Chief Justice John Marshall regarding the rights of Native Americans in the case Worcester v. Georgia (1832). Jackson's remark reflects his resistance to the Court's decision, emphasizing the executive branch's power and the challenges of enforcing judicial decisions without executive support.

Question 10

The Court's notorious decision in the Dred Scott case involved

Accepted Answer

The Dred Scott decision by the U.S. Supreme Court in 1857 involved the issue of slavery, specifically ruling that African Americans, whether enslaved or free, could not be American citizens and therefore had no standing to sue in federal court.

Question 11

Who was president when appointments were made at the last minute to pack the judiciary with Federalists?

Accepted Answer

John Adams made last-minute judicial appointments to ensure Federalist control of the judiciary before Thomas Jefferson, a Democratic-Republican, took office. This event led to the famous Marbury v. Madison case.

Question 12

Which secretary of state refused to deliver the commissions left on his desk from the previous administration?

Accepted Answer

James Madison, serving under President Thomas Jefferson, refused to deliver the commissions left by the previous administration, leading to the landmark Supreme Court case Marbury v. Madison.

Question 13

Who wrote the opinion of the Court in Marbury v. Madison?

Accepted Answer

John Marshall, as the Chief Justice of the Supreme Court at the time, wrote the opinion for the Court in the landmark case Marbury v. Madison. This case established the principle of judicial review in the United States.

Question 14

The classic ruling in Marbury v. Madison

Accepted Answer

The ruling in Marbury v. Madison established the principle of judicial review, significantly clarifying and enlarging the power of the judiciary by allowing it to declare laws unconstitutional.

Question 15

For the federal courts, the dominant issue from 1865 to 1937 was

Accepted Answer

The dominant issue for federal courts from 1865 to 1937 was the relationship between the government and the economy, as this period saw significant legal debates and decisions regarding economic regulation, antitrust laws, and the powers of the federal government in managing economic affairs.

Question 16

The period in Supreme Court history from 1936 to the present has been marked by a concern for

Accepted Answer

The period in Supreme Court history from 1936 to the present has been notably concerned with political liberties, reflecting the Court's focus on issues such as freedom of speech, voting rights, and other civil liberties.

Question 17

The power to create the lower federal courts derives from

Accepted Answer

The power to create lower federal courts comes from the powers of Congress, as outlined in Article I, Section 8 of the U.S. Constitution, which grants Congress the authority to establish inferior courts to the Supreme Court.

Question 18

Judges serving in a constitutional court

Accepted Answer

Judges serving in constitutional courts are typically appointed for life or until mandatory retirement to ensure their independence and impartiality. This means they cannot be fired or have their salaries reduced while in office, which helps protect them from political pressures and ensures judicial independence.

Question 19

Who becomes a district judge is heavily influenced by the

Accepted Answer

Senators from the state where a district court vacancy occurs often have significant influence over the appointment process, especially through the tradition of senatorial courtesy.

Question 20

Nominations to U.S. District Courts are

Accepted Answer

Nominations to U.S. District Courts are rarely defeated because they typically undergo a thorough vetting process before being nominated, and the Senate tends to defer to the President's choices for these positions, unless there are significant concerns about a nominee's qualifications or background.

Quiz 12: The Judiciary