Chapter 6 Midterm Review AP Gov

dissenting opinion.

Associate Justice Clarence Thomas disagreed with the Supreme Court's ruling on Gonzales v. Raich and discussed his belief that the decision extended the reach of Congress too far in his

To uphold the checks and balances of the Constitution

According to Alexander Hamilton, why was it necessary to have an independent judicial branch of the government?

To establish the judicial branch

What is the main purpose of Article III of the United States Constitution?

issue an opinion that defers the judgment of the law to the legislative branch for consideration.

Suppose you are a justice on the Supreme Court and must decide on a case in which the constitutionality of a law recently passed by Congress has been called into question. You prefer to exercise judicial restraint, and as such you

In 1957, President Dwight Eisenhower sent the National Guard to Little Rock, Arkansas to integrate the schools as ordered in Brown v. Board of Education (1954).

The following question(s) refer to the following quote.

In Federalist No. 78, Alexander Hamilton wrote:

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

Which of the following examples best reflects the statement Hamilton made in the final sentence of the quote?

being appointed to serve for life terms.

Alexander Hamilton believed that judges could remain independent and uphold liberty and the laws of the Constitution by

One who will interpret the Constitution in a way that is consistent with life for Americans today.

A president that believes the Constitution is a living, breathing document would likely appoint which type of federal judge?

Plessy v. Ferguson

Which case is an example of the Supreme Court exercising judicial restraint?

To reorganize the lower federal courts

What was the main purpose of the Judiciary Act of 1801?

The Lower State Court

A case that has to be appealed from a special court at the state level will usually go to which court next?

To reinforce a previous decision that can be applied as precedent in future cases.

Why might the Supreme Court invoke stare decisis?

Jefferson's political views clashed with Adams', and he likely wanted to appoint judges who he believed would uphold the Constitution instead of working to expand the government.

Why would Thomas Jefferson have wanted to reject the federal judicial appointments made by John Adams?

A Senate confirmation process

In 2018, Brett Kavanaugh was selected to serve as a justice on the United States Supreme Court through which process?

appeal the case to an appellate court.

A case has been heard at the state level, where the defendant was convicted and sentenced for a crime he maintains he did not commit. The defendant and his legal team have decided to continue fighting for justice and will attempt to

civil law.

Cases involving contract violations would fall under the classification of

A court with appellate jurisdiction relies on the arguments and decisions made by lower courts, whereas a court with original jurisdiction acts as a fact-finder.

How does the function of a court with appellate jurisdiction compare to that of a court with original jurisdiction?

original jurisdiction.

In 1838, a dispute over the boundary between Rhode Island and Massachusetts resulted in a lawsuit that was brought immediately to and decided upon by the Supreme Court. This is an example of the Supreme Court exercising

overturning a president's executive order about immigration because the order violates the Constitution

Which of the following is an example of judicial review by the Supreme Court?

justices should overturn legislation when necessary.

Those in favor of judicial activism believe that

Many cases end in settlements, and the long appeals process does not guarantee justice will be served.

Which argument would you make to assert the idea that the federal judiciary is not an efficient system for achieving justice?

dissenting opinion

A Supreme Court Justice who writes the following words, "Generations from now, lawyers and judges will look back at today's ruling with utter contempt," is probably writing a

The electoral college was effective but had its flaws in the process of choosing a vice president.

Which statement accurately assesses the effectiveness of the electoral college prior to the ratification of the Twelfth Amendment?

Marbury v. Madison.

The principle of judicial review was formally established in

can make controversial decisions without the fear of public opinion backlash.

In the 2018 case Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court ruled that the owners of Masterpiece Cakeshop were within their rights to refuse to bake a cake for a gay couple on the basis of free exercise of religion. Doing so sparked a national debate about discrimination against same-sex couples, but also demonstrated that the Supreme Court

The question of whether the nominees were entitled to the remedy they sought.

Which aspect of Marbury v. Madison motivated Chief Justice John Marshall to strike down the Judiciary Act and establish the principle of judicial review?

State judges are elected by the citizens of that state, while federal judges are appointed by the president.

How does the process of selecting federal judges compare to the process of selecting state judges?

The Twelfth Amendment

Which measure originated out of the election of 1800?

First Amendment

Suppose a law has been passed that censors certain political viewpoints on social media sites. A judge who is exercising judicial review might rule that such a law is unconstitutional as it violates the

Child custody

Which type of cases are handled in state-level special courts?

The Justices have decided over time that they should devote more of their limited resources to resolving a smaller number of increasingly hard cases.

Which of the following best describes an inference that can be drawn from the table?

The House of Representatives

Suppose it is 2024 and none of the candidates for president have received the majority of votes in the Electoral College. Which body of government will determine the outcome of the election?

The campaign of elected judge Brent Benjamin was funded by one of the parties in the lawsuit.

How was judicial independence threatened in the case of Caperton v. Massey Coal Co.?

agree with Alexander Hamilton in Federalist No. 78.

A political scientist who believes that judges should be appointed and subject to a confirmation process at the state level instead of being elected would likely

The president's appointment is usually for a life term and gives the president a chance to have a lasting impact on the American judicial system.

Why is it important for a president to choose a nominee for a federal judge position who is aligned with the president's own values with regards to upholding the Constitution?

Political parties attempt to nominate justices who share their political ideology.

Which of the following statements best describes the viewpoint in the cartoon?

(Perfect Republican Supreme Court)

To uphold the laws of the Constitution

What is the primary function of the Supreme Court of the United States?

To guarantee the right to a jury trial in all federal criminal cases.

What is the purpose of the Sixth Amendment?

review and potentially revise or overturn the decision made by a lower court.

The function of an appellate court is to

The actual judicial process as observed in Caperton v. Massey Coal Co. is far more politically charged than the ideal judicial system proposed by Alexander Hamilton.

How does the idea of an independent judicial system, as proposed by Alexander Hamilton in Federalist No. 78, compare to the actual judicial system in America, as seen in the case of Caperton v. Massey Coal Co.?

A process of appointment and confirmation by the Kansas government

Suppose the state of Kansas has decided to change the way it selects judges to serve at the state level and adopts a method that is truer to Alexander Hamilton's ideal of an independent judiciary. Which system would Kansas likely adopt?

an executive check on the judicial branch.

In the case Brown v. Board of Education, the Supreme Court ruled that separate educational facilities were unconstitutional. However, after the Court's decision, the president refused to enforce it. This is an example of

exercising judicial review.

The decision in Brown v. Board of Education that declared the notion of "separate but equal" unconstitutional is an example of the Supreme Court

Congress may check the Supreme Court through impeachment.

There never can be danger that the judges, by a series of deliberate usurpations on the authority of the legislature, would hazard the united resentment of the body intrusted with it, while this body was possessed of the means of punishing their presumption, by degrading them from their stations.

-Alexander Hamilton, Federalist No. 81

Which of the following statements summarizes the argument made in Federalist No. 81?

Amend the article to include the principle of judicial review.

Given the decision made in Marbury v. Madison and the precedent of behavior set by judges on federal courts and the justices on the Supreme Court, how would you modify Article III of the Constitution?

The Supreme Court has been accepting fewer cases for review.

What is the most logical inference from the table, using data from the five years shown?

criminal laws.

Laws that cover actions determined to harm the community are known as

By setting the size of the Supreme Court

How does Congress check the power of the Supreme Court?

Brutus.

Suppose it is the 1780s. You have been reading all about the newly-proposed Constitution and are skeptical about the establishment of a federal judiciary, which you think would diminish the rights of states and individuals. To this end, you mostly agree with the writings of

The judiciary's power depends on an ability to convince the other branches of the strength of its reasoning.

The following question(s) refer to the following quote.

In Federalist No. 78, Alexander Hamilton wrote:

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

Which of the following statements best describes Hamilton's point of view?

Antifederalists feared that a federal judiciary would impose the personal views of justices to decide what was constitutional.

Why were Antifederalists opposed to a federal judiciary?

the U.S. Congress.

Federal district courts were established by

original jurisdiction over the case.

Suppose a criminal case is brought to a court to be decided upon for the first time. This court will have

It established the power of judicial review, affirming that the Supreme Court is coequal with other branches.

Why is Marbury v. Madison significant?

an activist justice.

Given the decisions made by Chief Justice John Marshall during his time on the Supreme Court, he would be characterized as

One who practices judicial restraint

The belief that it is not the job of the court to overturn legislation is a view held by which type of judge?

Appeal to the Supreme Court

A federal court of appeals has listened to the arguments and reviewed the facts of a case and has affirmed the previous district court decision. What would the next step be for the legal team on the losing side of the case if they want to get the decision overturned?

original jurisdiction.

A court that has the authority to hear a case first has

judicial restraint

The Constitution is "not a living document," [Justice Scalia] told the Southern Methodist University crowd in 2014. "It's dead, dead, dead. . . . The judge who always likes the results he reaches is a bad judge." The quote supports which philosophy?

Because of her past remarks on the importance of identity in judicial decisions.

Why would President Obama's appointment of Justice Sonia Sotomayor to the Supreme Court in 2009 raise concerns for those who believe in a strictly independent judicial system?

A conservative Court acting as judicial activists

In 2018, President Donald Trump signed an executive order that banned the sale and possession of a firearm accessory known as a bump stock. Which type of Supreme Court would likely declare President Trump's executive order unconstitutional?