AP Gov Judiciary & Bureaucracy MCQ's / Ap classroom Q's for final

Which of the following is an accurate comparison of judicial activism and judicial restraint?

Judicial Activism: Is practiced when courts overrule legislative acts or shape policy

Judicial Restraint: Is exercised when courts hesitate from interfering with polices created by elected bodies

"If there are such things as political axioms, the propriety of the judicial power of a government being coextensive with its legislative, may be ranked among the number. The mere necessity of uniformity in the interpretation of the national laws, decides the question. Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, is a hydra [a many-headed serpent in Greek mythology] in government, from which nothing but contradiction and confusion can proceed."

- Alexander Hamiltion, Federalist No. 80, 1788

Which of the following statements best describes Hamilton's argument?

The proposed federal courts and the Supreme Court will provide national consistency in law.

Those countering Hamilton's argument today might point to which of the following?

The differing views of federal judges and the resulting inconsistent rulings

A U.S. district judge in Alabama has a dispute brought to his court in which an employee is suing her employer over improper termination on gender discrimination. The Ninth Circuit Court of Appeals, which includes several western states, and the U.S. District Court of Kansas have both previously ruled on very similar cases under the same law and sided with the employee.

Which of the following is the likely action this federal judge will take?

The judge will read the other two courts' opinions and consider them before making a ruling

Which of the following best illustrate the message of the cartoon?

One president's judicial appointment was held and later replaced by the following presidents appointment

Which of the following constitutional principles allowed the events shown in the Cartoon?

The Senate's advice and consent role

Which of the following best reflects a function of the Supreme Court in Article Ill of the Constitution?

To serve as the highest court of appeals

Which of the following factors most likely led to shifts in Supreme Court decision making over time?

The ideological composition of the justices on the Supreme Court shifted to become less liberal over time.

Based on the data in the chart, which of the following is true?

The percentage of liberal decisions made by the Supreme Court on civil rights and civil liberties cases decreased between 1964 and 1996.

In 1998, Goodyear employee Lilly Ledbetter filed suit against her employer for pay discrimination based on her gender. Though Ledbetter was initially successful, Goodyear appealed the decision and the case went to the Supreme Court. In Ledbetterv. Goodyear Tire and Rubber Co. (2007), the Supreme Court ruled that the Civil Rights Act of 1964 requires that sex discrimination complaints must be made within 180 days "after the alleged unlawful employment practice occurred," which Ledbetter had failed to do.

Which of the following actions could be taken to reverse the impact of the decision?

Congress could enact legislation to amend Title VII of the Civil Rights Act.

The data illustrate that most conservatives believe that the United States Constitution:

outlines a framework for government that the Supreme Court should apply strictly regardless of the political or personal preferences of judges

Which of the following statements is an accurate interpretation of the data on the bar chart?

The more consistently liberal a person is, the more that person is likely to believe that the Supreme Court should base its rulings on what the Constitution means in current times.

Which of the following was a likely result of the decision in Wickard v. Filburn that contributed to the Court's later decision in United States v. Lopez (1995) ?

The expansive interpretation of the commerce clause by the Supreme Court which greatly extended the power of Congress drew criticism that eventually led

In which of the following decisions did the Supreme Court use an argument most similar to the one in The Federalist No. 78?

Marbury v. Madison (1803)

Which of the following Supreme Court cases is most relevant to this statement?

Marbury v. Madison (1803)

Which of the following is the best way for Congress to provide people with disabilities access to the airline industry in light of the Court's ruling?

Pass a new law that specifies that the airlines must provide access for people with disabilities

Which of the following sections of the United States Constitution is most related to the case Marbury v. Madison (1803) ?

Article III

The Supreme Court's decision in Marbury v. Madison (1803) relates to foundational documents in which of the following ways?

The Federalist 78 is about the power and role of the federal courts, and in Marbury v. Madison, Madison expands that role by giving the courts the power to determine whether laws or executive actions conflict with the Constitution.

Which of the following scenarios best illustrates the concept of a case being decided based on precedent?

The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause.

The Supreme Court issued a ruling that was unpopular with a majority of Americans. The president and Congress might be able to lessen the impact of the decision by

refusing to actively enforce the decision

In which of the following ways could the president try to limit the impact of a Supreme Court decision?

Instructing the Department of Justice to delay the implementation of a provision of the decision

Which of the following scenarios best demonstrates a president avoiding a check from the judicial branch?

The president instructs the bureaucracy to delay implementing policy changes resulting from a Supreme Court decision.

"If, therefore, the legislature pass any laws, inconsistent with the sense the judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature."

Brutus 15

Which of the following cases is most related to the quote?

Marbury v. Madison (1803)

In Bakerv. Carr (1962), the Supreme Court ruled that a state legislature would have to redraw their representative districts in order to comply with the Constitution. Which of the following potential difficulties could have resulted from this decision?

The state legislature could have seen this decision as too controversial, leading to questions about the appropriate level of power for the Supreme Court.

In the case of Twining v. New Jersey (1908), the Supreme Court held that the Fifth Amendment's protection against self-incrimination is not applicable to the states. In 1964 the Supreme Court overruled the decision in Malloy v. Hogan (1964) and held that the right was incorporated to the states. This scenario illustrates which of the following?

Ideological changes to the Supreme Court can lead to the overturning of precedent.

The Supreme Court upholds a law passed by Congress as constitutional. The chief justice states in the majority opinion that previous decisions supporting Congress' power to make laws based on the commerce clause of the Constitution were the basis for the decision. Which of the following legal concepts did the chief justice apply in writing the opinion?

Stare decisis

Which of the following is an example of bureaucratic rulemaking?

The Environmental Protection Agency (EPA) writing a regulation to support a clean water bill

Which of the following scenarios best illustrates the process of bureaucracy?

The Department of Veterans Affairs rewrites its regulations regarding compensation and pensions into plain language that is easier for beneficiaries to understand.

Which of the following explains an action Congress can take that would have the most influence on the data on the graphs?

Congress can pass legislation that influences the federal salary structure.

Which of the following best describes how a president can influence the data in the graphs?

Through the role of chief executive officer of the executive branch, the president can determine salary grades of federal employees.

Which of the following is most likely an effect of the trend in the line graph?

A decrease in congressional oversight as a mechanism to control the bureaucracy

Which of the following scenarios best illustrates delegated discretionary authority?

Congress giving the Environmental Protection Agency the power to establish national pollution standards

Which of the following is likely to occur as a result of new legislation regarding automobile safety?

The Department of Transportation will be given discretionary authority to create auto regulations.

The mission of the Department of Transportation is to ensure the safety and efficiency of the transportation system. The Department of Transportation has accepted public comments regarding the safety of automated vehicles in the United States in order to establish standards and guidelines for this new technology. Which of the following concepts is most related to the scenario?

Delegated discretionary authority

Which of the following is an example of the executive branch implementing a public policy passed by Congress?

The Department of Health and Human Services determines eligibility requirements for government assistance.

Lobbyists from the Airlines for America, an advocacy group that represents commercial airlines, work with members of the House Committee on Transportation and Infrastructure and officials from the United States Federal Aviation Administration (FAA) to discuss a new policy that addresses issues of airline safety. This scenario best illustrates

an iron triangle

Which of the following scenarios best illustrates a formal check on the power of the bureaucracy?

The secretary of defense being called to testify before a congressional committee

Which of the following is the best example of two points of an iron triangle at work?

An FBI director testifies before a house committee on federal arrests and prosecutions

What does the data in the map reveal?

The EPA fined more hazardous waste violators in the southeastern states than in any other states

Which of the following is likely to result based on information on the map?

Congressional delegations from states who were heavily fined will introduce legislation limiting the EPA's power to issue fines.

Which of the following is an example of a constitutional check against the bureaucracy?

Congress votes to reduce a bureaucratic agencies budget

Which of the following statements best describe the actions of the Federal Communications Commission (FCC)?

The FCC is fining Viacom because one of its companies violated broadcast regulations

If Viacom disagrees with this notice, what is the most likely step it will take?

Appeal the ruling to the appropriate Circuit Court of Appeals