Echo 360 Questions Final Exam + Review Questions

Once appointed and confirmed, federal judges

have lifelong tenure

To appeal means to

to take a case to a higher court

Which court was created by name in the Constitution?

U.S. Supreme Court

Which of the following can be used to overturn a supreme court decision declaring a federal law unconstitutional

An amendment to the Constitution

When a case is adjudicated by a court judgment, such rulings set precedents that judges rely on in future, similar cases. This is known as the English system of ____.

Common law

Stare decisis is

The judicial principle of tending to honor precedents in similar cases

The Constitution does not give the president power to

Declare war

It takes a ______ vote of Congress to overturn a presidential veto

Two-thirds of

Powers inferred from statemnts written in the Constitution

Inherent

When is the last time Congress declared war?

1942

Which article of the Constitution sets forth the responsibilities of the president?

Article II

Which of the following statements concerning executive orders is incorrect?

They are rarely issued by presidents.

Presidential veteos tend to increase when

The opposite party controls congress

The president has the authority to launch a nuclear weapon

True

Members of the Senate serve ___-year terms

6

Until 1913, senators were chosen by

state legislatures

In the congressional setting, casework refers to

members helping constituents with problems.

The content of a proposed bill in Congress can be changed

at any stage of the legislative process in either the House or the Senate.

Gerrymandering, altering district lines for partisan advantage after the census is taken, is reaching new heights of precision due to

new computer software that allows a computer savvy person to manipulate legislative district lines

An example of political socialization

reciting the pledge of allegiance

An underlying assumption of the concept of descriptive representation is that

Under represented groups can be effectively represented only by people who "look like them."

After the presidential election is over, the winning candidate wants to claim that he has been given _____ by the voters to carry out the policy platform on which he campaigned.

an electoral mandate

The Supreme Court's power of judicial review ________.

enables it to declare acts of the other branches unconstitutional

The Supreme Court most typically functions as ________.

an appeals court

In Federalist No. 78, Alexander Hamilton characterized the judiciary as the ________ branch of government.

least dangerous

Of all the court cases in the United States, the majority are handled ________.

state level

Both state and federal courts hear matters that involve ________.

both civil and criminal law

A state case is more likely to be heard by the federal courts when ________.

it involves a federal question

Besides the Supreme Court, there are lower courts in the national system called ________.

district and circuit courts

In standing by precedent, a judge relies on the principle of ________.

stare decisis

The justices of the Supreme Court are ________.

nominated by the president and confirmed by the senate

The Supreme Court consists of ________.

one chief justice and eight associate justices

A case will be placed on the Court's docket when ________ justices agree to do so.

four

One of the main ways interest groups participate in Supreme Court cases is by ________.

filing amicus curiae briefs

The lawyer who represents the federal government and argues cases before the Supreme Court is the ________.

solicitor general

When using judicial restraint, a judge will usually ________.

defer to the decisions of the elected branches of government

When a Supreme Court ruling is made, justices may write a ________ to show they agree with the majority but for different reasons.

concurring opinion

Which of the following is a check that the legislative branch has over the courts?

1 Senate approval is needed for the appointment of justices and federal judges.

2 Congress may rewrite a law the courts have declared unconstitutional.

3 Congress may withhold funding needed to implement court decisions.

4 all of the above

Explain one positive and one negative aspect of the lifetime term of office for judges and justices in the federal court system. Why do you believe the constitution's framers chose lifetime terms?

(+) Lifetime term allows judges to focus on work and serve the Constitution rather than trying to please the people for re-eclection

(-) no room for new appointees

What do you find most significant about having a common law system?

The judicial branch is involved in the system of law-making in the United States. Through their interpretation of the law, judges are an important part of the legal system and influence the way law is made and interpreted. They don't just apply the law; they also make it.

Which court would you consider to be closest to the people? Why?

The state courts (and especially the most local courts) deal with many day-to-day issues that are very close to the lives of the citizens and thus are close to the people. Or, on the other hand, the federal courts and the Supreme Court in particular are closest because they have done the most to expand individual rights and liberties grounded in the Bill of Rights

The existence of the dual court system is an unnecessary duplication to some but beneficial to others. Provide at least one positive and one negative characteristic of having overlapping court systems in the United States.

Overlapping court systems provide each individual with more than just one court to protect his or her rights. A person seeking a wrong to be righted may have alternate places to pursue his or her case. On the other hand, having overlapping court systems opens the door to the possibility of unequal or disparate administration of justice.

Do you believe federal judges should be elected rather than appointed? Why or why not?

Elections would make judges in a representative democracy more accountable to the people who elected them. Appointments, on the other hand, isolate them somewhat from the political whim of the day and from ever-changing public opinion, so they can make decisions without having to worry that they won't be re-elected in reprisal for their rulings.

When it comes to filling judicial positions in the federal courts, do you believe race, gender, religion, and ethnicity should matter? Why or why not?

The United States has become much more diverse, and it is only fitting that the judicial branch more accurately reflects the demographic composition of the population. At the same time, judicial positions should be filled by the most competent and qualified candidates.

What do the appointments of the Supreme Court's two newest justices, Neil Gorsuch and Brett Kavanaugh, reveal about the changing selection process for the high court?

Court is not getting more diverse they are both white males in their 50s which is usual for justices

What are the core factors that determine how judges decide in court cases?

Legal, Personal, ideological and political influences.

Discuss some of the difficulties involved in the implementation and enforcement of judicial decisions.

The judicial branch has no power of its own over implementation of enforcement of its rulings and is thus dependent on the other two branches to make this happen, relying on the executive to enforce its decisions and on the legislature to fund it. Hamilton said the judiciary has "no influence over either the sword or the purse" and "neither force nor will, but merely judgment," stressing the court system's reliance on assistance from the other two branches.

Many at the Continental Congress were skeptical of allowing presidents to be directly elected by the legislature because ________.

they feared the opportunities created for corruption

Which of the following is a way George Washington expanded the power of the presidency?

He appointed the heads of various federal departments as his own advisors.

How did presidents who served in the decades directly after Washington expand the powers of presidency?

John Adams expanded the war powers by waging undeclared war, Thomas Jefferson negotiated the purchase of Louisiana from France, and James Monroe took direct control of foreign policymaking when he issued the Monroe Doctrine.

What factors contributed to the growth of presidential power in the twentieth century?

How did the election of 1824 change the way presidents were selected?

The selection of the candidate with fewer electoral votes triggered the rise of party control over nominations.

Which of the following is an unintended consequence of the rise of the primary and caucus system?

Sometimes candidates unpopular with the party leadership reach the top.

What problems exist with the Electoral College?

There are many problems with the Electoral College. First, small states are over-represented in the Electoral College. Second, the state by state set-up of the college, in the modern era, leads to states that are safe wins for one party, leaving a handful of states that get all the attention. Finally, its outcomes can differ from the outcome of actual citizen voting (also known as the national popular vote.

The people who make modern president's cabinet are the heads of the major federal departments and

Must be confirmed by the senate

A very challenging job for new presidents is to ______.

nominate and gain confirmation for their cabinet and hundreds of other officials

How do presidents work to fulfill their campaign promises once in office?

President Theodore Roosevelt's concept of the bully pulpit was the office's ________.

premier position to pressure through public appeal

In what ways have first ladies expanded the role of their office over the twentieth century?

The First Lady has no official government position. Yet she is often at the center of national attention. Several First Ladies such as Edith Galt Wilson and Eleanor Roosevelt, have been very influential. Hillary Rodham Clinton attained the most responsible and visible leadership position ever held by a First Lady.

How were presidents in the eighteenth and nineteenth centuries likely to reach the public? Were these methods effective?

Presidents of the eighteenth and nineteenth centuries might make speeches or publish letters in newspapers across the country. These methods may have been effective in their day, but not in comparison to the ability of modern presidents with television, radio, and the Internet at their disposal.

The passage of the Tenure of Office Act of 1867 was just one instance in a long life of

Struggles for power between the president and the congress

Which of the following an example of an executive agreement?

the president signs legally binding nuclear arms terms with Iran without seeking congressional approval

How have the methods presidents use to negotiate with their party and the opposition changed over time?

What strategies can presidents employ to win people over to their way of thinking?

Presidents can use road trips across the country, major speeches, and rewards to people in their camp. Historically, however, these techniques have only rarely been successful. What works best is for a president find a popular position to get out in front of.

A select committee is different from a standing committee because ________.

A select committee is convened for a specific and temporary purpose, while a standing committee is permanent.

Explain how the committees demonstrate a division of labor in Congress based on specialization.

Stopping a filibuster requires that ________.

the chamber votes for cloture

Saying a bill is marked up is just another way to say it is being

amended

The key means of advancing modern legislation is now ________.

the budget process

Briefly explain the difference between classic model of legislating and the modern process.

The great compromise successfully resolved differencces between

Large and small states

While each state has two senators, members of the House are apportioned ________.

according to the state's population

The process of redistricting can present problems for congressional representation because

districts are often drawn to benefit partisan groups

Which of the following is an implied power of Congress

the power to regulate the sale of tobacco in the states

Briefly explain the benefits and drawbacks of a bicameral system.

A primary benefit of a bicameral system is the way it demands careful consideration and deliberate action on the part of the legislators. A primary drawback is that it is tougher overall to pass legislation and makes it extremely difficult to push through large-scale reforms.

What are some examples of the enumerated powers granted to Congress in the Constitution?

Power to tax & spend, regulare interstate and foreign commerce, declare war, raise and support armed forces, coin and borrow money. (Only 5)

Why does a strong presidency necessarily sap power from Congress?

The executive and legislative branches complement and check each other. The purpose of dividing their roles is to prevent either from becoming too powerful. As a result, when one branch assumes more power, it necessarily assumes that power from the other branch.

Senate races tend to inspire ________.

broad discussion of policy issues

The saying "All politics is local" roughly means

The local constituents tend to care about things that affect them

What does Campbell's surge-and-decline theory suggest about the outcome of midterm elections?

Explain the factors that make it difficult to oust incumbents.

Incumbents chase off would-be challengers because they are able to raise more money given that people want to back a winner and that voters know incumbents by name because they won the office in a previous election. The challengers who do take on incumbents typically lose soundly for the same reasons.

A congressperson who pursued a strict delegate model of representation would seek to ________.

legislate in the way he or she believed constituents wanted, regardless of the anticipated outcome

The increasing value constituents have placed on descriptive representation in Congress has had the effect of ________.

increasing the number of minority members in Congress

How has the growing interpretation of earmarks and other budget allocations as corruption influenced the way congresspersons work?

What does polling data suggest about the events that trigger exceptionally high congressional approval ratings?

The peaks of congressional approval ratings have each occurred when the United States began military involvements overseas. This suggests that the start of a foreign war is one of the few things that triggers a positive reevaluation of Congress.

House leaders are more powerful than Senate leaders because of ________.

the majoritarian nature of the House—a majority can run it like a cartel