Unit 2 Multiple Choice

McCulloch v Maryland

* it considered whether the constitution allowed congress to charter a national bank
* it interpreted the constitution’s taxing power

How many SC decision have been expressly overturned by constitutional amendments

6

what is **true** about why people generally agree that American judges have the power of judicial review

* the power was commonly understood by the public to exist when the Constitution was ratified
* the power is consistent w/ the historical practice of various states bf the Constitution was ratified
* the constitution’s structure is consistent w/ the existence of this power

what is true of the american power of judicial review

it checks and balances the power of the other branches

it is the power of the courts to invalidate government actions contrary to the Constitution

pres Lincoln refused to enforce which judicial decision

ex parte merryman

why is black monday historically significant

on that day the SC struck down many New Deal laws passed by Congress

2 famous SC oral advocates who argued on behalf of Gibbons in Gibbons v Ogden and behalf of the bank in McCulloch v Maryland

* daniel webster
* william writ

what is true about the writ of habeas corpus

* it requires the gov to explain to a judge why a suspect was jailed or detained
* ex parte merryman considered the pres power to suspend this writ
* it is derived from the magna carta

what is are the actions Arkansas Gov Faubus took as he attempted to avoid complying w/ judicial directives

* he prevented black students from entering Central High School by replacing the Arkansas National Guard w/ the Little Rock Police
* he closed Little Rock’s public schools
* he leased little rock’s public schools to a private corporation

what single event was most successful in forcing all southern states to comply w/ SC decisions in Brown V Board

congress passed the civil rights act of 1964

Gibbons v Ogden (NY boat case)

* the opinion considered the scope of Congress’ power under the commerce clause
* the opinion was written by john marshall

Brown 1 struck down down the invidious doctrine of “separate but equal” but did not address the remedy (time frame for ending segregation)

what were the factors that contributed to the justices’ decision to postpone the issue of remedy until Brown 2

* justice wanted the opinions o be unanimous
* justices understood they were mandating massive social change
* the justices recognized the practical limits of judicial power

Why does Justice Breyer say causes the Americans to obey the decisions of the SC

* we generally prefer to settle disputes peacefully
* we usually fear punishment from the other branches
* we generally agree the SC may invalidate unconstitutional laws

according to de Tocqueville, which characteristic of judicial power is unique to American judges?

invalidate laws that conflict w/ the constitution

Marbury v Madison

* the supreme court held that although he law gave Marbury a right to the commission, the court lacked jurisdiction over the case
* the decision exercised the power of judicial review

two factors listed that make it less likely SC rulings will be obeyed

* when popular opinion opposes the ruling
* when the ruling is implemented primarily by other political institutions

between 1967 and 2011, about how many times did Congress pass a statue to undo a decision of the SC

more than 200

Justice Thomas’ statement respecting the denial of cert in Standing Akimbo

thomas observed that the SC should not interpret the Constitution broadly to give Congress power over areas traditionally controlled by states when Congress’ regulatory scheme is not comprehensive

what powers are given to Congress by Constitution in Article 1 Sec 8

* power to regulate interstate commerce
* power to do all things necessary and proper to carry out enumerated powers
* power to raise and collect taxes

Schechter Poultry v United States

* pres Roosevelt held a press conference to criticize the decision
* the SC considered whether the law challenging in this case exceeded the power given to Congress in the commerce clause

Chief Justice Rehnquist

* he was widely recognized as an able administrator
* her served a s a law clerk for Justice Robert Jackson

Lopez v US

* challenged law involved federal legislation in an area of traditional state control
* SC ruled that Congress may not regulate intrastate commerce that is not economic in nature
* in deciding the case, the SC considered the federalism implications of the challenged law

federalism

* justices who seek to narrow congressional power are more likely to invoke this concept
* it is the division of power between a central gov and state gov

which justice while still a professor ran the Women’s Right Project for the ACLU

Ruth Bader Ginsburg

which SC decision issued in the spring of 1937, upheld a progressive state minimun wage/ maximum hour law (reversing an unpopular Lochner v. New York)

West Coast Hotel v Parrish

what justice write opinions in Brown v Board 1 and 2

Earl Warren

Wickared v Fliburn

* farmer fliburn challenged a federal law that penalized him for growing wheat on his own farm to feed his livestock
* the opinion considered the Constitution’s commerce clause

2 reasons the SC gave to justify its ruling that the commerce clause did not empower Congress to create a federal cause of action for gender-related violence

* the act did not regulate economic activity
* criminal law is an area that states traditionally control

which justice is know for changing his in the “switch that saved 9“

Owen Roberts

the warren court decided 2 important cases upholding Congress’ power to legislate under the commerce clause

what act of Congress did the Warren Court consider in both those cases

civil rights act of 1964

what is the process by which the Constitution may be amended

proposal by 2/3 of both Houses of Congress and ratification by 3/4 of the states

which statement did FDR say in his March 9. 1937 Fireside Chat

* the SC should be restrained in the way it exercises the power of judicial review
* all americans should read the constitution
* the people need to save the constitution from the courts

what is the only SC decision that caused a sitting justice to resign

dred scott v sandford

john marshall increased the SC in many ways

* his court first excerised the American power of judicial review to invalidate federal law
* he ended the practice of writing seriatim opinions
* he helped increase respect for the SC

Chief Justice Roger Taney

* he succeeded John Marshall as Chief
* he was chief when Dred Scott was decided