Advanced Government
Chapter 16: The Judicial Branch
Mr. Faulhaber
1.both state court and federal court jurisdiction
2. sources of Supreme court duties
3. court’s written decisions
4. all justices vote the same way
5. the jurisdiction of district courts
6. judicial review
7. opinion of justices on the opposing side
a. original jurisdiction
b. precedent
c. concurrent jurisdiction
d. opinion
e. briefs
f. dissenting opinion
g. concurring opinion
h, check on Congress
i. laws and tradition
k unanimous decision
l. appellate jurisdiction
m. decision
8. majority of cases to supreme court come from this jurisdiction
9. written statements setting forth legal arguments
10. the effect the ruling and opinions have on future cases
11, National Supremacy over the states was expanded by the Supreme Court in cases involving all of the
following issues EXCEPT____.
a. railroad regulations issued by the Interstate Commerce Commission
b. the creation of a national bank
c. the use of injunctions to prevent labor strikes
d. laws regulating wages and hours
e. state laws regarding marriage and divorce
12. Which of the following actions requires senatorial courtesy?
a. a bill introduced by a senator from one state must get agreement form the other senator in that state
b. members of the same party agree on the order of legislation
c. senators from the state in which a judicial appointment is being made by the president are informed of who the
candidate is prior to the actual appointment
d. the majority leader of the Senate informs the minority leader who he is appointing as committee chairman
e. the president informs the chairman of the Judiciary Committee of a Supreme Court nominee prior to the
announcement
13. Congress has all the following checks on the judicial branch EXCEPT____.
a. it can alter the number of judges and courts
b. it can impeach justices
c. it can propose a constitutional amendment
d. it can change the court’s jurisdictions
e. it can change the length of judges’ term
14. What role does political party affiliation play in the selection of federal judges?
a. presidents usually appoint members of their political party, and these people are generally qualified
b. none. Federal judges are appointed based upon their qualifications rather than their party affiliations
c. some. Federal judges are appointed based upon their qualifications, but equally qualified candidates are
judged based upon party affiliation
d. party affiliation is much more important than qualifications. Many unqualified judges are appointed because
they are party faithful
e. under the merit rules for civil service, presidents are barred from considering party affiliation in appointing
federal judges
15. A judge who believes that the Constitution should be interpreted according to its literal meaning and its
historic context favors what approach?
a. judicial activism
b. original intent
c. limited jurisdiction
d. dual federalism
e. judicial review
16. When the Supreme Court ruled that laws against flag-burning are unconstitutional, many citizens disagreed
with the Court’s decision and wanted Congress to take action. What can Congress do to make flag-burning
illegal?
a. pass federal laws banning flag-burning
b. pass a constitutional amendment banning flag-burning
c. with a two-thirds vote, approve a constitutional amendment, to be ratified by three-fourths of the states
d. pressure the president for an executive order banning flag-burning
e. there is nothing Congress can do once the Supreme Court rules a law unconstitutional, the Supreme Court is
the court of last resort
17. Which of the following cases falls under the original jurisdiction of the Supreme Court?
a. cases involving a state law that is alleged to violates the United States Constitution
b. cases involving a federal law that is alleged to violate the United States Constitution
c. controversies between two or more state
d. cases where the amount in controversy exceeds $50,000
e. conflicts between the president and Congress
18. What case established that the necessary and proper clause could be used to extend the national
government’s power beyond its expressed authority?
a. McCulloch v. Maryland
b. Marbury v. Madison
c. Gitlow v. New York
d. Gibbons v. Ogden
e. Barron v. Baltimore
19. The Supreme Court is most likely to issue a writ of certiorari in which of the following cases?
a. a conflict between two circuit courts that have issued opposite rulings about the constitutionality of a federal
law
b. a conflict between the president and Congress over the War Powers Act
c. a criminal case from a state court in which the defendant proclaims his innocence
d. a conflict between a federal agency and a state government
e. a conflict over the meaning of an unclear regulation issues by an administrative agency
20. What is the relationship between an appeal and a certiorari?
a. a case granted certiorari may be heard in either state or federal court
b. appeals are paid for by plaintiffs, certiorari by defendants
c. only some appeals are granted certiorari
d. appeals are directly to appellate courts whereas a writ of certiorari is sought from a trial judge
e. judges must hear all appeals but only some certiorari
21. When the Supreme Court renders an unpopular opinion on a case, the decision ______.
a. can be appealed
b. is binding on all lower courts
c. can be overturned by the Chief Justice
d. can be overturned by a majority vote of the states
e. can be vetoed as a check of the judicial branch’s power by the president
22. Which of the following about British courts us true?
a. judicial review is tightly regulated but fiercely protected
b. common law ensures judges will be active participants in the policy making process
c. no court may strike down a law that Parliament passes
d. the British federalist system guarantees a minor role for the judiciary
e. courts are frequently called on by Parliament to settle procedural issues
23. Between 1789 and the Civil War, the Supreme Court was primarily occupied with the issues of____.
a. trade relations and states’ rights
b. commerce and civil liberties
c. slavery and national supremacy
d. national supremacy and trade relations
e. states’ rights and slavery
24. One practical way the Congress can get around an unfavorable Supreme Court ruling on a law is to____.
a. overturn the Supreme Court ruling
b. contract the original jurisdiction of the Court
c. strip the Supreme Court of its enforcement authority
d. remove the judges who voted against the law
e. re-pass the law in a slightly altered form
25. Judicial review is ____.
a. a doctrine that authorizes judges to invalidate laws and executive actions that are contrary to the Constitution
b. explicitly provided for in Article III of the U.S. Constitution
c. the constitutional power of the courts to hear appeals
d. a doctrine established by Chief Justice John Marshall in McCulloch v. Maryland
e. judicial review is an instrument for protecting individual rights
26. What is the major issue confronting the Supreme Court in America today?
a. nation building
b. establishing the supremacy of federal government
c. the constitutionality of the federal income tax
d. the relationship between government and the economy
e. personal liberty, social equity, and the potential conflict between the two
27. Which represents a major reason for the submittal of an amicus curiae brief?
a. the Court must rely on precedent cases
b. a friend of the court wishes to provide additional information to the Court
c. lower courts must provide transcripts of its decisions
d. the Supreme Court requires related interests in the case to submit briefs
e. the brief from the petitioner provides amended information about the case
28. After 1936, the Supreme Court stopped imposing regulations on the power of the government to regulate the
economy. In its previous rulings in this area, the Court found itself____.
a. limiting the protection of private property to enable businesses to expand
b. considerably divided but just about always supportive of federal interests
c. favoring the cause of labor against business
d. allowing state legislatures too much control over the national economy
e. making judgments it was not competent to make
29. All of the following make it difficult to get a case to the Supreme Court EXCEPT____.
a. the Supreme Court does not take all cases
b. appeals cost money for lawyers and copies
c. by the time a case gets to the Supreme Court, the case has already gone through an expensive trial and appeals
process
d. it can take a long time to settle a matter in federal court
e. the government does not supply lawyers for the appeals court process
30. Which of the following statements about the Dred Scott decision is CORRECT?
a. It was the primary cause of the War Between the States
b. It infuriated public opinion and harmed the Supreme Court
c. It resulted from an inaccurate determination of fact
d. It exceeded the formal authority of the Supreme Court
e. It was widely applauded throughout the nation
31. Historically, the Supreme Court has been especially activist when____.
a. Congress was weak and the president was strong
b. Congress was in transition from control by one party to control by the other
c. the state’s were without power
d. the political system was undergoing considerable change
e. the president was weak and indecisive
32. Chief Justice John Marshall presided over the Supreme Court in all the following opinions EXCEPT____.
a. Dred Scott v. Sandford
b. Marbury v. Madison
c. Gibbons v. Ogden
d. MCulloch v. Maryland
e. Cohens v. Viginia
33. Common law____.
a. was ruled unconstitutional by the United States Supreme Court.
b. is based upon past custom and emerging case law.
c. was the fundamental law for the Nazis and the soviets.
d. is a new form of jurisprudence being tested in Louisiana.
e. consists of only those statues approved by popular referendum
34. Proponents of judicial construction make which of the following arguments?
a. it should be the role of Congress, not the Court, to make policy
b. the interest of government is not realized by a Court that won’t make crucial decisions
c. states should not be able to develop their own laws without having to worry about federal court interpretation
and interference
d. the federal system will be strengthened by a court that rules state laws unconstitutional
e. the Court should initiate, not facilitate, judicial precedent
35. Common criticisms of judicial activism include all of the following EXCEPT____.
a. judicial activism often fails to account for the costs of implementing activist rulings
b. judges are not elected and are therefore immune to popular control
c. judicial activism works only when laws are devoid of ambiguous language
d. judges usually have no expertise in designing and managing complex institutions
e. both b and d
36. All of the following EXCEPT _____correctly matches the court case with the precedent it established or
issue it was concerned.
a. Dred Scott-involved a slave owner’s property rights to an escaped slave
b. T.L.O-allowed school administrators to search students without a search warrant as long as the search was
deemed reasonable.
c. Marbury- established judicial review; the chief judicial weapon in the government’s checks and balances
system
d. McCulloch established that the necessary and proper clause could be used to extend the national government’s
power beyond its expressed authority
e. Brown- awarded monetary compensation to an African American for the denial of access to an all white school
which convinced other schools to desegregate and avoid similar monetary damages
37. The highest court in Iowa has ruled that the federal Endangered Species Act is illegal because it runs counter
to the state constitution. This case could be brought to the U.S. Supreme Court by means of____.
a. a diversity ruling
b. writ of habeas corpus
c. writ of certiorari
d. original jurisdiction
e. none of these, it could not be taken to the Supreme Court
38. What checks does Congress have over the judiciary?
I. The Senate confirms federal judges
II. Senatorial Courtesy can be used to block a nomination
III. Congress can overcome an unpopular court decision by proposing a constitutional amendment, subject to
ratification
IV. Congress can rewrite legislation to overcome a negative court ruling
a. I and II
b. I, II, and III
c. II and III
d. II, III, and IV
e. I, II, III, and IV
39. Senatorial courtesy is an especially important consideration in nominations to____.
a. legislative courts
b. intermediate appellate courts
c. courts of appeals
d. federal district courts
e. state district courts
40. The reason that the Senate has increasingly paid attention to who becomes a federal judge is____.
a. the decrease in the number of cases reviewed by appellate courts
b. controversies in the office of the US Attorney General
c. the increase in the number of non-unanimous judicial decisions
d. changes in the rules regarding speech
e. the policymaking ability of the courts
41. When Congress passed a law that forbade anyone from carrying a gun near a school, the Supreme Court
declared the law invalid because such behavior____.
a. was protected by the First Amendment
b. did not affect interstate commerce
c. was not proven to be dangerous
d. was jealously guarded by NRA lobbyists
e. could only violate state law
42. Which of the following are mandated by the US Constitution?
a. the Supreme Court only
b. the Supreme Court and appellate courts
c. the Supreme Court , appellate courts, and district courts
d. both state and federal courts
e. district courts only
43. Democratic judges are more likely to make____ decisions than Republican judges.
a. quick
b. timely
c. traditional
d. conservative
e. liberal
44. The author suggests the chief motive for using the litmus test involves a judicial nominee’s view on____.
a. abortion
b. affirmative action
c. gender discrimination
d. the rights of criminal defendants
e. states’ rights
45. The current number of women on the Supreme Court is____.
a. none
b. one
c. two
d. three
e. four
46. Republican presidents have appointed____ of the current members of the Supreme Court.
a. one
b. three
c. five
d. seven
e. nine
47. The function of the US Solicitor General is to____.
a. approve every case the federal government presents to the Supreme Court
b. enforce the decisions of the Supreme Court
c. serve as the principal legal advisor to members of the Supreme Court
d. maintain order in the Supreme Court’s courtroom
e. direct participants ion oral arguments before the Supreme Court
48. The Conservative bloc of the Supreme Court includes____.
a. Samuel Alito
b. John Roberts
c. Antonin Scalia
d. Clarence Thomas
e. All of the Above
49. As a result of two blocs-the liberals and the conservatives, Justice ____ has emerged as the Court’s “swing
vote”.
a. Ginsburg
b. Kennedy
c. Roberts
d. Sotomayor
e. Kagan
50. The behavior of Justice Holmes, Burger, and Blackmun suggests that____.
a. presidents can sometimes be mistaken in their prediction about the actions of their judicial appointees
b. the Supreme Court follows the election returns
c. presidents clearly control the Supreme Court through their appointments
d. dissenters on the Supreme Court have more influence than the majority
e. presidents are rarely concerned with court packing today.
51. In the aftermath of the passage of President Obama’s health care plan, several states argued that it violated
the Constitution by____.
a. raising the eligibility age for federal programs
b. lowering benefits for recipients in some states, but not others
c. failing to provide comprehensive coverage
d. requiring everyone to purchase health coverage or pay a tax penalty
e. replacing state agencies with federal administrative offices
52. In order to start a lawsuit, you must have ____, which means you are entitled to bring the case to court.
a. a writ of certiorari
b. a writ of habeas corpus
c. a writ of mandamus
d. standing
e. immunity
53. Clarence Gideon managed to have his case heard before the Supreme Court by____.
a. filing a mandatory appeal
b. claiming diversity of citizenship
c. seeking expert legal assistance
d. filing as a pauper
e. appealing to the Court in a personal letter
54. An important reason federal courts follow precedent is that____.
a. lower court judges have less expertise than members of the Supreme Court
b. the Fourteenth Amendment requires following precedent to avoid conflict with state courts
c. appellate courts are less likely to aggress among themselves if the standards of decision making are too rigid
d. the practice of stare decisis makes judicial decision making chaotic
e. equal justice requires similar cases to be decided the same way
55. Acceptance of a writ of certiorari is based on all the following criteria EXCEPT____.
a. a recommendation by any one, single justice of the Supreme Court
b. a court decision that conflicts with precedent
c. a court of appeals decision that conflicts with another court of appeals decision
d. inconsistencies between courts of different states
e. a split decision in the court of appeals
56. If the ________________ ______________ has voted with the majority in a case, he or she can assign
someone in the majority to write the opinion.
57. People engaged in lawsuits are called______________________.
58. The three branches of government are the ______________________ branch which interprets laws, the
___________________ branch which makes laws, and the ____________________ branch which enforces laws.
59. The case of Marbury v. Madison was an instrumental court case because it established ______________
________________which allows the Supreme Court to determine what the Constitution means and what it
means not.
60. Once the Supreme Court rules on a court case, it sets the____________, or standard, that becomes the basis
for all future decisions on cases that regard similar matters
61. Only current African-American Supreme Court Justice
62. First ever female Supreme Court justice
63. Chief Justice that ruled in Marbury V. Madison
64. The current Chief Justice of the Supreme Court
65. States rights Chief Justice that ruled in the Dred Scott case
a. Ruth Bader Ginsberg
b. John Roberts
c. Thurgood Marshall
d. Clarence Thomas
e. Roger Taney
f. John Marshall
g. Sandra Day O’Connor
ESSAY:
1. The United State Supreme Court receives many appeals, but it hears and rules on a small percentage of cases
each year. Numerous factors influence actions of the Court, both in deciding to hear a case and in the decisions
it hands down.
a. Define judicial review.
b. Explain how judicial review empowers the Supreme Court within the system of checks and balances.
c. Describe the process through which the Court grants a writ of certiorari.
d. Explain how each of the following influence decisions made by individual justices when deciding cases heard
by the Court.
 stare decisis
 judicial activism
OR
2. Many Court observers argue that predict voting patterns among justices based upon liberal and conservative
ideologies are ineffective. Instead, many believe a more accurate assessment would be originalism and living
Constitution.
a. Explain the difference between the two judicial philosophies
b. Describe how each approach would evaluate 1) capital punishment and 2) Privacy
c. How would you suspect each approach would view gay marriage ban? Explain.