GOVT 2305 Quiz: Chapter 9 – Flashcards
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Why was the election of 1800 a pivotal event for constitutional developments in the United States
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Had power not been transferred peacefully, it would have put the integrity of the Constitution in doubt and future politicians would have a prisoner's dilemma of abiding by the rules or reneging
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The Federalists passed the Judiciary Act of 1801, which accomplished which of the following
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It sharply raised the number of district and appellate courts and thereby created new judgeships for the outgoing Federalists to fill as well as decreasing the size of the Supreme Court
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Jefferson's response to the appointment of members of the defeated Federalist Party by Adams to the federal judiciary was a complaint that
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the Federalists had "retired into the judiciary as a strong hold."
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The doctrine of judicial review
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holds that the Supreme Court possesses the authority to rule acts of Congress unconstitutional
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Which of the following statements about judicial review is accurate
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There is broad agreement that the supremacy clause of the Constitution allowed the Supreme Court to veto state laws, but declaring an act of Congress unconstitutional was entirely different matter
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In its decision in Stuart v. Laird, what grounds did the Supreme Court use to determine whether the repeal of the Judiciary Act of 1801 was constitutional
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Congress possessed the power to reorganize the judicial branch
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Although initially ignored as a toothless partisan maneuver, Marbury v. Madison
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subsequently came to be appreciated for establishing the Court's "coequal" status among the branches of government
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Which of the following describes the impact of Marbury v. Madison
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It did not immediately strengthen the Court's power in its relations with the President or Congress
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How did Marshall's reasoning in Marbury v. Madison affect the balance of power between the Court and Congress
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He argued that the Constitution was superior to ordinary laws, and therefore, any legislative acts contrary to the Constitution is not law
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Marshall's ruling in Marbury v. Madison is a testament to his strategic political skills for which of the following reasons
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Because it did not command the other political actors to do anything to affirm the Court's authority
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The acceptance of judicial review following the decision in Marbury v. Madison was
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affirmed by the other branches over time by establishing a precedent
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Which of the following areas has not been the focus of one of the Supreme Court's historical eras
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Congressional delegation to the executive branch
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John Marshall maintained that the national government's legitimacy was both independent of and superior to that of the individual states for which of the following reasons
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Because the national government had been approved directly by the citizenry in special ratification conventions
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Marshall's explanation of the necessary and proper clause of the Constitution can be summed up as allowing congressional action
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as long as the means are plainly adapted to achieve an enumerated power and not specifically prohibited by the Constitution, then it was constitutional
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In McCulloch v. Maryland, the Supreme Court ruled which of the following
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That state taxation of federal property or its activities was unconstitutional
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President Andrew Jackson chose Roger Taney to be the successor to Chief Justice John Marshall for which of the following reasons
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Because like Jackson, Taney was an advocate of states' rights
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The Supreme Court opinion in Dred Scott v. Sandford asserted which of the following
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African Americans were not citizens under the Constitution and Congress could not outlaw slavery in the new territories
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What was one of the consequences for the Supreme Court that resulted from the defeat of the Confederacy during the Civil War
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The Court was obliged to devote more attention than ever before to policies emanating from the lower levels of government
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Regulating railroads and monopolies along with providing services to citizens are examples of what kinds of cases that the Supreme Court faced during its second era of judicial review
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Government regulation of the economy
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What was one of the major economic problems caused by the Articles of Confederation that brought the delegates together in Philadelphia
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State raids on property rights
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Evidence of the Supreme Court's historical sympathy for protecting property rights can be seen in its interpretation of the language of the Fourteenth Amendment, which defined corporations as persons to invoke which of the following
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The due process clause
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Which of the following statements about Supreme Court decisions concerning state regulations of business is accurate
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The Court struggled to develop a consistent doctrine for defining the public interest so the courts were inundated with these cases
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In 1905, in Lochner v. New York, the Supreme Court struck down a New York law restricting which of the following
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The work hours of bakers to ten hours a day or sixty hours a week
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The unprecedented vigor with which the Supreme Court struck down laws regulating business during the 1920s did which of the following
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It won the Court the enmity of many elected officials, who found that the justices obstructed their efforts to respond to the demands and needs of their constituents
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What was the real purpose of President Franklin Delano Roosevelt's court-packing plan
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The opportunity to appoint as many as six new justices that would give the Court a majority of justices sympathetic to his New Deal programs
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The dramatic conversion of the Supreme Court agenda and its view of federal power came about through which of the following
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The replacement of retirees with a generation of jurists in closer agreement with the President and Congress
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Which of the following is true about Franklin Roosevelt's appointment of seven new members of the Supreme Court between 1937 and 1941
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The Court, then more in tune with the elected branches' thinking about the government's role in the economy, began to pay attention to civil rights and liberties
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Why did the Supreme Court turn to cases involving the relationship between individuals and the government during its third era
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The confluence of forces sent new cases to the Supreme Court at a moment when it was receptive to a fresh set of issues over which it could comfortably assert its authority
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Following the civil rights era, the Court began to start rolling back what constitutional interpretation
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The expansive view of the commerce clause
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The Rehnquist Court
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rebalanced the power relationship between the state and federal governments
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What is the consequence of the Supreme Court enlisting its prerogative of judicial review broadly
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It has placed the Court as the political system's chief referee responsible for keeping the political institutions in the proper orbit
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When the Supreme Court issues rulings on whether an agency has conformed substantively and procedurally to the law's guidelines, it is an example of what kind of authority
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Engaging in statutory interpretation
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Constitutional courts
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are lower-level courts designed to handle litigation that exercise the same power of judicial review as the Supreme Court
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Who is the current Chief Justice of the U.S. Supreme Court
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John Roberts
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What was the effect of the Supreme Court's decision upholding the constitutionality of the Affordable Care Act
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It made neither side completely happy, but enhanced the credibility of the Court over the long term
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Why does the effectiveness of the Supreme Court depend on delegation
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The Court must persuade the lower federal judiciary, by the strength of its opinions, to implement its policies
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Why are federal courts of limited jurisdiction
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They hear "federal" questions and cases involving citizens of different states
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Which of the following statements about federal district courts is true
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They are trial courts and most cases in the federal system must start here
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Which of the following statements about the courts of appeals is true
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They usually review district court decisions in three-judge panels
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Which of the following are the three layers of organization of the federal judiciary
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The district courts, the circuit courts of appeal, and the Supreme Court
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Which of the following statements about the organization of the federal judiciary is accurate
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It is a decentralized organization, physically dispersed across the nation, and administered by individual, life-tenured judges
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What are the limits faced by the Supreme Court in exercising internal control
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Subordinates do not defer to their principals and seek guidance because the life tenure of judges insulates the judges from one another
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The ability of the Supreme Court to control its caseload
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emerged in 1925 as Congress passed legislation allowing the Supreme Court to exercise greater discretion in the cases it hears
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For the 8,000 or so certiorari requests it receives each year, the Supreme Court's rule to determine whether any given case is heard is
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four of the nine justices must favor hearing the case
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Writs of certiorari
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force the justices to take a hard, strategic look at petitions before promoting them, so political strategy is an important consideration
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Which of the following statements about the Court's selection of cases is accurate
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The justices look for cases they can use to resolve ambiguities and conflicting lower court decisions
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What is one of the advantages of stare decisis for judicial decision making
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It frees the Court to monitor closely those decisions that fail to follow precedent or are otherwise unresolved
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Only litigants who are directly or adversely affected by a disputed action have the right, otherwise known as __________, to bring the case to court
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standing
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When local law enforcement jurisdictions follow Miranda guidelines as standard operating procedure when making arrests, it is an example of the Supreme Court using
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substantive doctrine
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Which of the following statements about opinion writing at the Supreme Court is true
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Once the majority opinion is drafted, it often undergoes prolonged internal bargaining as the writer tries to persuade the other justices that the legal arguments are correct
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What does the process of opinion writing in Brown v. Board of Education illustrate about decision making at the Supreme Court
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The price of broad support among the justices may be vague, imperfectly enforced doctrine
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What does the Supreme Court ruling in Immigration and Naturalization Service v. Chadha illustrate about Supreme Court rulings
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The absence of enforcement authority has allowed Congress and the President at times to ignore Supreme Court rulings
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Which of the following is not a tool that Congress and the President can use to rein in the Supreme Court
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Reducing the salary of judges
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What does the nomination of federal judges illustrate
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The President nominates and the Senate either accepts or rejects, and this shared responsibility provides politicians in these institutions with their best chance to influence judicial policies
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Presidents have traditionally deferred to senators on the nomination of justices to fill which court
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District courts
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When choosing Supreme Court nominees, presidents have done which of the following
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They have chosen members of their own parties over 90 percent of the time
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Presidential nominations to the federal bench
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can significantly shift judicial policy when one party controls the presidency over time through the cumulative impact of nominations
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Federal district court judges
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manage to favor the ideological preferences of the President who appointed them
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Because the President nominates and the Senate confirms federal court appointments
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they do not stray from mainstream public opinion for long
