AP Government Judiciary

Which of the following best describes the relationship between the Supreme Court and public opinion?

The existence of a public consensus on an issue limits the extent to which the Court will render decisions contrary to that consensus.

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

fire and replace federal judges

article III

Establishes the Judicial Branch

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

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

Article III

Twinning v. New Jersey

Defendants in state courts do not have 5th amendment of self incrimination

Malloy v. Hogan

Protection from self incrimination

idea that supreme court can overrule previous cases to form new precedent

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

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

decide on the constitutionality of a law or an executive action

judicial review

Allows the court to determine the constitutionality of laws

judicial activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

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

congress

how can presidents change direction of federal judiciary

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

what is true of federal judges

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

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.

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.

All of the following serve as checks on the power of the federal courts EXCEPT:

The voters can oust federal judges in national elections.

what happens when a new case comes up when a previous case already decided

Reliance on legal precedent

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.

federalist 78

written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions

"judicial restraint"

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

"incorporation"

A process that extended the protections of the Bill of Rights against the actions of state and local governments

"nullification"

A state's refusal to recognize an act of Congress that it considers unconstitutional

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.

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

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

reviews previous court decisions

apellate jurisdiction

the authority of a court to hear a case appealed to a lower court

district courts

the lowest federal courts; federal trials can be held only here

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

Gibbons v. Ogden

Regulating interstate commerce is a power reserved to the federal government

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

Wolf v. Colorado

Fourteenth Amendment did not impose specific limitations on criminal justice in the states, and that illegally obtained evidence did not necessarily have to be excluded from trials in all cases.

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy

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 would the Senate take in their attempt to limit the Supreme Court's power?

Pass legislation that would limit the impact of the Supreme Court's recent rulings

Baker v. Carr

case that est. one man one vote. this decision created guidelines for drawing up congresional districts and guaranteed a more equitable system of representation to the citizens of each state

Shaw v. Reno

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

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

congress

amicus curiae

a brief submitted by a "friend of the court"

Certiorari

a writ or order by which a higher court reviews a decision of a lower court

Justiciability

the doctrine that excludes certain cases from judicial consideration because of the party bringing the lawsuit or the nature of the subject matter

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

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 more narrow interpretation.

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

It can change appellate jurisdiction of federal courts.

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.

Which of the following best explains the principle of stare decisis?

It encourages judges to follow precedent when deciding cases.

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

The Supreme Court has no authority to enforce any of its decisions.

Therefore, the president and Congress could refuse to enforce a decision and thereby lessen the impact of the decision.

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.

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

the Bill of Rights

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 refused to implement the decision, leading to a crisis in the legitimacy of the Supreme Court's authority.

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

the courts

The doctrine of original intent holds that

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

original intent

A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view.

Congress has the constitutional power to control the judicial branch by

determining the size of the Supreme Court

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.

Which of the following actions can Congress take if the Supreme Court finds a federal law unconstitutional?

Try to amend the Constitution.

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.

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 famously challenged the Supreme Court to enforce it. As the Supreme Court was not able to enforce the decision, the other branches of government ignored it. This example illustrates which of the following?

Unpopular Supreme Court decisions can be avoided or ignored if other branches refuse to cooperate with the outcomes of those decisions.

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.

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

Which of the following is a primary function of the Senate Judiciary Committee?

Conducting hearings on judicial appointments made by the president

Which of the following best defines the term "judicial activism"?

The tendency of judges to interpret the Constitution according to their own views

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

judicial activism