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Judges in Ninth Circuit of the Federal Appeals Courts tend to be more liberal than judges in the Fifth Circuit.

The voters can oust federal judges in national elections.

A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that

Presidents seek to place individuals on the Court whose policy views are similar to their own

In 1973, the United States Supreme Court handed down the controversial Roe v. Wade decision striking down state laws banning abortion. In response, many pro-life groups organized to have the decision overturned. Which of the following represents an action that these groups can take to achieve their goal?

Become more actively involved in presidential campaigns so that presidential candidates will pledge to appoint justices who favor overturning Roe v. Wade.

Which of the following clauses of the Constitution could the Supreme Court have used when deciding the case Marbury v. Madison (1803)?

"The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made."

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

To serve as the highest court of appeals

On September 23, 1957, President Dwight Eisenhower signed a proclamation mandating the use of Arkansas National Guard members and federal armed forces to enforce the United States Supreme Court's decision in Brown v. Board of Education (1954) in Little Rock, Arkansas. Which limitation on judicial power is demonstrated in this scenario?

State and local government can refuse to enforce Supreme Court decisions.

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.

Which of the following is a likely response by another branch of government to a controversial decision such as Engel v. Vitale (1962) which declared that school-sponsored prayer was a violation of the First Amendment?

Congress could strip the Supreme Court of appellate jurisdiction on cases dealing with prayer in school.

Which of the following is a way Congress can influence the federal judiciary?

It can change appellate jurisdiction of federal courts.

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 Ledbetter v. 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.

Which of the following is empowered to create new federal courts and specify the number of judges who will sit on them?

Congress

The framers of the Constitution designed which of the following to be LEAST responsive to public opinion?

The courts

In the case Brown v. Board of Education of Topeka (1954), the Supreme Court ruled that school segregation was unconstitutional. Following the ruling, schools were ordered to desegregate, but at a high school in Little Rock, Arkansas, the governor ordered the state's National Guard to prevent African American students from entering the school. Only when President Eisenhower placed the National Guard under federal control and ordered troops to protect the students were they permitted to enter. This scenario illustrates which of the following?

Controversial decisions by the court are often challenged and action is sometimes required to ensure enforcement by other branches of government.

Which of the following is true of nominees for federal judgeships?

They are appointed for life by the President with the advice and consent of the Senate.

The difference between an appellate court and a district court is that an appellate court

reviews previous court decisions

In the case Wickard v. Filburn (1942), Roscoe Filburn was penalized for producing 12 acres of wheat above his allotment under the Agricultural Adjustment Act of 1938. The law, justified under Congress' power to regulate interstate commerce, limited the amount of wheat an individual could grow. This regulation would keep prices from dropping and prevent farmers from going bankrupt. Filburn claimed that the excess wheat was for his own use, and challenged that no interstate commerce was involved. The Supreme Court ruled that the commerce clause allowed the government to regulate Filburn's personal wheat production, even though it was only indirectly related to interstate commerce.

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 to a narrower interpretation.

The doctrine of original intent holds that

the meaning of the Constitution depends on the intention of the framers

The majority party in the Senate is concerned that the Supreme Court has made a number of ideologically dangerous and controversial rulings. Which of the following actions could be taken by the Senate to limit the Supreme Court's power?

Pass legislation already passed by the House that would limit the impact of the Supreme Court's recent rulings

In Worcester v. Georgia (1832), the United States Supreme Court ruled that a Georgia law violated the U.S. Constitution. In response to Chief Justice John Marshall's majority opinion, President Andrew Jackson said, "John Marshall has made his decision, now let him enforce it." Which of the following ideas regarding government does President Jackson's statement exhibit?

Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions by delaying their implementation.

In The Federalist 78, Alexander Hamilton argued that the federal judiciary "is beyond comparison the weakest of the three departments of power." Which of the following statements represents a reason he gave for this argument?

It must depend on the executive for enforcement of its decisions.

When deciding Marbury v. Madison (1803), which of the following excerpts from The Federalist No. 51 could best be used to help Chief Justice John Marshall write the argument in favor of judicial review?

"But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others."

In The Federalist 78, Alexander Hamilton states, "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning." Which of the following Supreme Court cases is most relevant to this statement?

Marbury v. Madison (1803)

Which of the following is true of most federal judges appointed by the president?

They serve for life on good behavior unless impeached and convicted by Congress.

In Marburv v. Madison (1803), the Supreme Court assumed the power to

decide on the constitutionality of a law or an executive action

In the United States judicial system, when a judge decides a case based on decisions rendered in similar cases in the past, the judge is following the principle of

stare decisis

The idea that judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution is known as

judicial activism

The Supreme Court's power of judicial review permits the Court to overrule all of the following EXCEPT

the Bill of Rights

In Worcester v. Georgia (1832), the Supreme Court used the power of judicial review established in Marbury v. Madison (1803) to strike down a Georgia state law that regulated the relationship between citizens of Georgia and members of the Cherokee Nation. President Andrew Jackson opposed the decision and challenged the Supreme Court to enforce it. This example illustrates which of the following?

Unpopular Supreme Court decisions can lead to debate about the court's power.

Which of the following describes the origin of the United States court system presented in the diagram?

Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress.

Which of the following statements best explains the diagram?

Cases arising at both the state and federal level may be appealed to the United States Supreme Court.

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

During a television interview on July 1, 2018, Senator Lindsey Graham stated that "one of the concepts that really means a lot in America is stare decisis. That means you don't overturn precedent unless there's a good reason." About which ongoing debate was Senator Graham sharing his position?

Judicial activism versus judicial restraint

"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)

Which of the following did the Supreme Court establish in Marbury v. Madison ?

The Supreme Court can declare federal legislation invalid if the legislation violates the Constitution.

In its 2003 decision, McConnell v. Federal Election Commission (2003), the Supreme Court upheld the Bipartisan Campaign Reform Act's (BCRA) restriction on independent campaign spending by corporations and unions. However, in a 5-4 decision in the case Citizens United v. Federal Election Commission (2010), the Supreme Court overturned this decision when it ruled that the government cannot ban independent political spending by a corporation or union because it is protected by the First Amendment.

Which of the following is the most likely explanation for the Supreme Court's deciding to overturn the precedent it established just 7 years earlier?

There were ideological changes in the composition of the members of the Supreme Court due to presidential appointments.

The number of justices on the United States Supreme Court is set by

Congress

To influence policy making by the federal courts, the president may do all of the following EXCEPT

fire and replace federal judges

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

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.

Presidents have had the most success in changing the direction of decisions of the federal judiciary by

using the appointment process to select judges with judicial philosophies similar to those of the President

A United States Supreme Court justice has announced his retirement at the end of the current Supreme Court term. What is the most likely presidential action in response to this announcement?

Nominate a federal judge who shares the president's ideology

Which of the following statements best describes the Supreme Court's actions with respect to disputes between Congress and the President?

The Court generally has tried to avoid deciding conflicts between Congress and the President.

Supreme Court justices were given tenure subject to good behavior by the framers of the Constitution in order to ensure that

justices are free from direct political pressures

The doctrine of stare decisis is significant for which of the following reasons?

It is the principle that affirms that courts are bound by prior decisions.

Which of the following scenarios exemplifies the principle of stare decisis?

A majority opinion of the United States Supreme Court dealing with school segregation states that the decision follows the precedent established in Brown v. Board of Education of Topeka (1954).

In the case Randall v. Sorrell (2006), Supreme Court Justice Stephen Breyer argued that following judicial precedent "avoids the instability and unfairness that accompany disruption of settled legal expectations. For this reason, the rule of law demands that adhering to our prior case law be the norm. Departure from precedent is exceptional and requires special justification."

Justice Breyer is referring to which of the following legal principles?

Stare decisis

In Baker v. 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 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 statements accurately describes the selection of the caseload for the United States Supreme Court?

The Supreme Court is free to choose the cases it hears with only a few limitations.

When a lower court decision is appealed to the Supreme Court, which of the following is most likely to occur?

The Supreme Court will not hear the appeal.

On June 27, 1989, President George H.W. Bush called for the Flag Desecration Amendment, which would prohibit desecration of the American flag. Bush's comments were in response to the United States Supreme Court's 5—4 decision in Texas v. Johnson, which held that a state law banning desecration of the flag was in violation of the First Amendment. Which of the following explains why the president asked for a constitutional amendment to be passed?

A constitutional amendment would force the Supreme Court to accept the constitutionality of the anti-flag burning laws in subsequent cases.