Quiz questions for presentation 9 – Courts
Multiple Choice
1.
Amicus curiae briefs
a.
enable a group of similarly situated plaintiffs to combine similar
grievances into a single suit.
b.
consist of written arguments submitted to the courts in support of one
side of a case.
c.
are required before an interest group can sue for enforcement of a
particular piece of legislation.
d.
are most often used by political action committees.
Answer B – Amicus Curiae briefs allow those who lack standing to sue to
have some influence on case decisions whose rulings will establish
precedent that affects them.
2.
a.
b.
c.
d.
Senatorial courtesy applies primarily to
judiciary committee membership.
Supreme Court appointees.
District Court appointees.
Appellate Court appointees.
Answer C – A district court nomination will be withdrawn if one of the home
senators disagrees with the nominee. This is less so with higher profile
nominations like the supreme court.
3.
a.
b.
c.
d.
The principle that judges must rule in accordance with earlier rulings is
adjudication.
precedent.
rule of law.
social control.
Answer B – Precedent requires that subsequent rulings be in line with the
principles set forth in prior rulings from the same jurisdiction.
4.
a.
b.
c.
d.
The rule of four in Supreme Court procedures provides that four
judges
may adjourn the court.
may grant a writ of certiorari.
may determine the order cases are heard in.
may constitute a quorum.
Answer B – A writ of certiorari, or agreement by the court to hear a case, is
granted if four of the nine justices vote to hear grant it.
5. Through judicial review, judges can
a. remove members of Congress.
b. impeach the president.
c. nominate Supreme Court justices.
d. strike down government actions.
Answer D – Courts can rule that executive or legislative action violates
constitutional principles and are therefore nullified.
Essay Question
Describe recent threats to judicial independence at the national or local
level. Have these threats been resolved? Has the conflict
strengthened or weakened the judicial branch?
Discussion Questions
Judicial Tenure
The heads of bureaucratic agencies have a great deal of leeway in how
they execute their legislative mandate. If there is too much legislative
oversight and second-guessing of their actions, very little would get done.
If there is too little oversight, gross error, incompetence, and corruption
may take root. Critics of the Republican 109th Congress argued that they
gave the Bush administration too little oversight, resulting in unchecked
corruption and waste. Critics of the Democratic 110th Congress argued
that they exercised too much oversight, resulting in a public airing of dirty
laundry and agencies not doing their job due to having to constantly look
over their shoulder. The Republican leadership of the upcoming 112th
Congress has promised to closely scrutinize the Obama administration,
particularly as it implements the health care reforms passed by the 111 th
Congress.
How much should the legislature get involved with the bureaucracy, and
should it err on the side of too little or too much oversight?
Abortion Debate
One of the perennial political issues raised in presidential elections and
Supreme Court nominations is that of legalized abortion. If Roe v Wade
were overturned, the debate would shift to the state level. Do you think it
would be healthy to disconnect this issue from the federal judiciary and
national politics, or is this were the debate should be held? Notice the
question is not about whether or not to legalize abortion, it is at what level
of government the debate should occur.
Links
Supreme Court Opinions
http://www.supremecourtus.gov/opinions/opinions.html
Database on major Constitutional Cases
http://www.oyez.org/