CHAPTER 16
The Judiciary
MULTIPLE CHOICE
1. In Federalist paper No. 78, Alexander Hamilton described the Supreme Court as
a.
the least dangerous branch.
b.
the center of power.
c.
the vital check on the power of the president.
d.
a unique body.
e.
the most productive court.
2. Which is correct about the Senate confirming federal judges?
a.
Until recently, most judges were confirmed.
b.
Only liberal judges have been confirmed in recent years.
c.
Activist judges are more likely to be confirmed than constructionists.
d.
The president holds little respect for the opinions of Senators.
e.
Senators actually nominate judges.
3. Which recent Supreme Court nominee became the object of a notable Senate rejection?
a.
Antonin Scalia
b.
Robert Bork
c.
Clarence Thomas
d.
Samuel Alito
e.
Anthony Kennedy
4. The Supreme Court’s primary weapon in the government’s system of checks and balances is known as
a.
judicial activism.
b.
judicial interpretivism.
c.
judicial review.
d.
judicial standing.
e.
judicial bypass.
5. When judges believe that they must confirm themselves to applying rules stated in or clearly implied
by the language of the Constitution, they are following the __________ approach.
a.
judicial restraint
b.
judicial moderation
c.
judicial bypass
d.
judicial activism
e.
judicial liberalism
6. There have only been _________ chief justices of the United States Supreme Court.
a.
sixteen
b.
twenty
c.
thirty
d.
fifty
e.
sixty
7. The first chief justice of the Supreme was __________.
a.
John Marshall
b.
Oliver Ellsworth
c.
Earl Warren
d.
John Jay
e.
Roger B. Taney
8. The current chief justice of the Supreme Court is __________.
a.
Anthony Kennedy
b.
David Souter
c.
Warren Burger
d.
John Paul Stevens
e.
John G. Roberts Jr
9. Between 1789 and the Civil War, the Supreme Court was primarily occupied with the issues of
a.
states’ rights and slavery.
b.
trade relations and states’ rights.
c.
national supremacy and trade relations.
d.
slavery and national supremacy.
e.
commerce and civil liberties.
10. From the Civil War to the 1930s, the Supreme Court was primarily occupied with
a.
the civil rights of former slaves.
b.
economic regulation by government.
c.
the rights of the criminally accused.
d.
the balance of power between states and the federal government.
e.
First Amendment freedoms.
11. In __________ the Supreme Court for the first time, in a decision authored by Chief Justice John
Marshall, held that the Court could declare an act of Congress unconstitutional.
a.
Marbury v. Madison
b.
Gibbons v. Ogden
c.
Georgia v. U.S.
d.
Dred Scott
e.
None of the above is true.
12. In McCulloch v. Maryland, the Supreme Court held that
a.
states could tax a federal bank.
b.
state militias were subservient to the federal armed services.
c.
the federal government could pass any laws necessary and proper to the attainment of
constitutional ends.
d.
the federal government had the power to regulate commerce that occurred among states.
e.
the judicial branch had the power to determine the legitimate governing power in
the states.
13. The principle that the Supreme Court used in overturning Fulton’s monopoly on a New York
steamboat operation was that
a.
a monopoly is a restraint on trade.
b.
patents cannot be issued on recent technology.
c.
state law cannot prevail over federal law.
d.
interstate commerce cannot be regulated.
e.
the indirect effects of commerce are beyond the scope of government regulation.
14. The “Exceptions” clause in Article III, Section III has been interpreted by the Court to mean that
a.
Congress can change the Court’s appellate jurisdiction.
b.
Congress can change the Court’s original jurisdiction.
c.
only the Supreme Court can alter its appellate jurisdiction.
d.
only the president can call for a change in the Supreme Court’s appellate jurisdiction.
e.
Congress can change the pay of Supreme Court justices.
15. After 1936, the Supreme Court stopped
a.
imposing any serious restrictions on state or federal power to regulate the economy,
leaving such matters in the hands of legislatures.
b.
allowing states to heavily regulate the economy.
c.
asking for presidential advice on judicial matters.
d.
having salaries for their work.
e.
reviewing decisions of state supreme courts.
16. Franklin Roosevelt’s court-packing plan would have allowed him to name a new justice
a.
for every incumbent justice older than age seventy.
b.
once a year, irrespective of retirements.
c.
every time the court struck down one of his laws.
d.
to replace any incumbent justice older than age seventy.
e.
each time a justice removed himself/herself from a case.
17. In __________, the Supreme Court ruled that the Court can review the decisions of the highest state
courts if they involve a federal law or the federal Constitution.
a.
Marbury v. Madison
b.
Martin v. Hunter’s Lessee
c.
McCulloch v. Maryland
d.
Ex parte McCardle
e.
Ex parte Milligan
18. The Supreme Court entered its most active period with the arrival of Chief Justice __________.
a.
Warren
b.
Rehnquist
c.
Burger
d.
Taft
e.
White
19. On the issue of state sovereignty, the text states that since around 1992, the Supreme Court has
a.
restricted the ability of states to govern independently of the federal government.
b.
not overturned any laws based by Congress that contain instructions for state governments.
c.
begun to restore the view that states have the right to resist some forms of federal action.
d.
allowed states to resist almost all federal action.
e.
empowered the national government more than when Earl Warren was Chief Justice.
20. When Congress passed a law that forbade anyone from carrying a gun near a school, the Supreme
Court declared the law invalid because such behavior
a.
was protected by the First Amendment.
b.
did not affect interstate commerce.
c.
was not proven to be dangerous.
d.
was jealously guarded by NRA lobbyists.
e.
could only violate state law.
21. In the Supreme Court’s ruling on President Obama’s health care plan, National Federation of
Independent Business v. Sebelius (2012), the Court
a.
upheld the individual mandate to purchase minimum essential health insurance.
b.
struck down the law’s mandate that state governments expand Medicaid coverage
by 2014.
c.
ruled that the monetary penalty if an individual does not buy health insurance is a
permissible federal tax.
d.
None of the above is true.
e.
Options A, B, C, and D are true.
22. In National Federation of Independent Business v. Sebelius (2012), the Supreme ruled that states do
not have to expand their Medicaid coverage because
a.
the provision violates the Constitution by impermissibly threatening states with a loss of
existing federal funding for a program.
b.
health care is purely a state issue.
c.
health care is purely a federal issue.
d.
the provision violates the Constitution by not requiring more state funding for
the program.
e.
the provision created a tax that is not permissible.
23. Which of the following are mandated by the U.S. Constitution?
a.
The Supreme Court only
b.
The Supreme Court and appellate courts
c.
The Supreme Court and appellate and district courts
d.
Both constitutional and legislative courts
e.
Legislative courts
24. What does the U.S. Constitution have to say about the size of the Supreme Court?
a.
It specifically sets the number of justices at six, later amended to nine.
b.
It specifically sets the number of justices at nine.
c.
It suggests but does not mandate a Court of nine justices.
d.
It does not indicate how large the Court should be.
e.
It specifically places the matter in the hands of the House of Representatives.
25. One basic difference between a constitutional court and a legislative court is that
a.
constitutional court judges handle cases that need not be decided by the Supreme Court.
b.
constitutional court judges cannot be fired.
c.
legislative court judges handle cases that need not be decided by the Supreme Court.
d.
legislative court judges cannot be fired.
e.
legislative court judges are not confirmed by the Senate.
26. There are 94 __________ in the federal judiciary.
a.
constitutional courts
b.
district courts
c.
courts of appeal
d.
legislative courts
e.
supreme courts
27. There are thirteen __________ in the federal judiciary.
a.
constitutional courts
b.
district courts
c.
courts of appeal
d.
legislative courts
e.
supreme courts
28. The Court of International Trade is a specialized
a.
constitutional court.
b.
district court.
c.
court of appeal.
d.
legislative court.
e.
supreme court.
29. The Court of Military Appeals is an example of a __________.
a.
constitutional court
b.
district court
c.
court of appeal
d.
legislative court
e.
supreme court
30. Democratic judges are more likely to make __________ decisions than Republican judges.
a.
quick
b.
timely
c.
traditional
d.
conservative
e.
liberal
31. Studies have shown the ideology of judges
a.
determines behavior for most decisions.
b.
does not entirely determine behavior.
c.
is predictable based on the party of the president that nominated them.
d.
is not well-known.
e.
None of the above is true.
32. The behavior of Justices Holmes, Burger, and Blackmun suggests that
a.
presidents can sometimes be mistaken in their prediction about the actions of their
judicial appointees.
b.
the Supreme Court follows the election returns.
c.
presidents clearly control the Supreme Court through their appointments.
d.
dissenters on the Supreme Court have more influence than the majority.
e.
presidents are rarely concerned with court packing today.
33. Senatorial courtesy is an especially important consideration in nominations to
a.
legislative courts.
b.
courts of appeals.
c.
district courts.
d.
constitutional courts.
e.
intermediate appellate courts.
34. In recent years, the percentage of nominees to federal court who have been confirmed by the Senate
a.
has increased significantly.
b.
has increased somewhat.
c.
has remained about the same.
d.
has decreased somewhat.
e.
has decreased significantly.
35. The authors suggest the chief motive for using the litmus test involves a judicial nominee’s views on
a.
abortion.
b.
affirmative action.
c.
gender discrimination.
d.
the rights of criminal defendants.
e.
states’ rights.
36. The dual court system of the United States refers to __________ and __________ courts.
a.
trial; appellate
b.
criminal; civil.
c.
statutory; common law
d.
federal; state
e.
legislative; constitutional
37. Federal courts can hear all cases
a.
that the judges would like to hear.
b.
that state legislators ask them to hear.
c.
arising under the Constitution, the laws of the United States, and treaties.
d.
required of them by state governments.
e.
required of them by the president.
38. A diversity case is one involving
a.
the jurisdiction of more than one appellate court.
b.
the jurisdiction of more than one district court.
c.
citizens of different states.
d.
a writ of certiorari.
e.
a writ of mandamus.
39. If California and Arizona sue each other over water usage from the Colorado River, the case can be
heard only
a.
by the federal waters rights court.
b.
by the Supreme Court.
c.
by the high courts in both states.
d.
by the U.S. Justice Department.
e.
by a high court of a state not involved in the case.
40. The litigation involving four police officers accused of beating Rodney King illustrates the fact that
a.
some defendants are tried in both state and federal courts.
b.
some cases can be tried only in state courts.
c.
civil rights cases can be tried only in federal courts.
d.
one level of government can block the prosecutions of another.
e.
cases cannot be appealed across the state and federal judiciary.
41. Certiorari is a Latin word meaning, roughly,
a.
“beyond all uncertainties.”
b.
“certified.”
c.
“to be heard.”
d.
“rule of four.”
e.
“made more certain.”
42. The Supreme Court will grant cert and hear a case if __________ justices agree to do so.
a.
two
b.
three
c.
four
d.
five
e.
six
43. Under the Foreign Intelligence Service Act of 1978, the National Security Agency submits requests to
conduct electronic surveillance to
a.
the intelligence committees of Congress.
b.
the Supreme Court.
c.
the U.S. Foreign Surveillance Court.
d.
the U.S. Justice Department.
e.
the D.C. Court of Appeals.
44. Fee shifting is the practice of
a.
dividing attorneys’ fees among all participants in a class-action suit.
b.
reducing fees if the votes of appellate court judges are divided.
c.
getting the government to pay the fees of all parties.
d.
having attorneys adjust their fees according to their experience and the damages awarded.
e.
getting the loser to pay court costs.
45. One unintended consequence of the Supreme Court’s heavy caseload is an increase in the influence
wielded by
a.
the chief justice.
b.
associate justices.
c.
the attorney general.
d.
the deputy attorney general.
e.
law clerks.
46. __________ is a legal concept that refers to who is entitled to bring a case.
a.
Standing
b.
Free shifting
c.
Certiorari
d.
Mandamus
e.
Habeas corpus
47. Courts do not issue _________ opinions.
a.
advisory
b.
diverse
c.
unanimous
d.
contentious
e.
multiple
48. Under the doctrine of sovereign immunity, a citizen cannot
a.
sue the government without its consent.
b.
bring two suits against one individual for the same crime.
c.
bring the same suit to courts in two different states.
d.
appeal a case that has already been ruled on by the Supreme Court.
e.
appeal a case that was decided more than one year earlier.
49. Brown v. Board of Education is an example of a
a.
taxpayer suit.
b.
class-action suit.
c.
Section 1983 suit.
d.
reapportionment suit.
e.
client participatory suit.
50. In 1974, the Supreme Court held that it would no longer hear class-action suits seeking
monetary damages
a.
unless the case deals with civil rights issues.
b.
unless each and every ascertainable member of the class was individually notified of
the case.
c.
unless both parties have exhausted all other legal avenues.
d.
unless both parties claim standing.
e.
None of the above is true.
51. The most common background or professional experience among members of the current Supreme
Court is experience as a(n) __________.
a.
attorney general
b.
state judge
c.
prosecutor
d.
defense attorney
e.
federal judge
52. In most cases presented to the Supreme Court, the bulk of the argumentation presented by either side
will be found in the __________.
a.
brief
b.
certiorari petition
c.
oral argument
d.
per curiam decision
e.
complaint
53. The function of the U.S. solicitor general is to
a.
approve every case the federal government presents to the Supreme Court.
b.
enforce the decisions of the Supreme Court.
c.
serve as the principal legal adviser, or counsel, to members of the Supreme Court.
d.
maintain order in the Supreme Court’s courtroom.
e.
direct participants in oral argument before the Supreme Court.
54. “Amicus curiae” is usually translated as
a.
no probably jurisdiction.
b.
amicable, but curious.
c.
without cause.
d.
friend of the court.
e.
no substantial federal question.
55. A chief justice is able to exercise his/her influence most effectively by
a.
setting the agenda.
b.
guiding the voting.
c.
guiding the debate.
d.
enforcing the decision.
e.
directing oral argument.
56. Among the current members of the U.S. Supreme Court there is (are) __________ woman (women).
a.
no
b.
one
c.
three
d.
four
e.
five
57. Justice Ruth Bader Ginsburg votes with a majority of Supreme Court justices on a particular case, even
though her reasoning differs from the others. She may choose to express her reasons in a(n)
a.
dissenting opinion.
b.
concurring opinion.
c.
opinion of the Court.
d.
per curiam opinion.
e.
plurality opinion.
58. As a result of two clear blocs of liberal and conservative justices, __________ often casts a “swing
vote” on the Supreme Court.
a.
Justice Breyer
b.
Justice Stevens
c.
Justice Kennedy
d.
Justice Ginsburg
e.
Chief Justice Roberts
59. “Stare decisis” is usually translated as
a.
let the decision stand.
b.
standing against the decision.
c.
friend of the court.
d.
no probable jurisdiction.
e.
stern defense.
60. Which amendment was passed so a citizen could not sue a state in federal court?
a.
Ninth Amendment
b.
Tenth Amendment
c.
Eleventh Amendment
d.
Thirteenth Amendment
e.
Sixteenth Amendment
264 Chapter 16: The Judiciary
TRUE/FALSE
1. In Federalist paper No. 78, Hamilton described the Supreme Court as a branch of government that, if
not checked my Congress, may be “dangerous.”
2. By the middle of the nineteenth century, the Supreme Court begun to declare many federal and scores
of state laws unconstitutional.
3. Supreme Court justices did not start serving long terms on the Court until the presidency of Andrew
Jackson.
4. Great Britain has a strong tradition of judicial review.
5. The Founders expected the Court to have a large role in making public policy.
6. Chief Justice John Marshall was a strong advocate of state’s rights and the supremacy of state law
(over federal law).
7. Marbury v. Madison helped clarified and enlarged the powers of the early Supreme Court.
8. In the first seventy-five years of this country’s history, the Supreme Court held only two federal laws
unconstitutional.
9. At the outset of the New Deal, the Supreme Court was dominated by justices who opposed the welfare
state and federal regulation.
10. The Supreme Court reached its highest point of activism during the tenure of Chief Justice Earl
Warren.
11. The Constitution specifies that the number of justices on the Supreme Court should be between six and
nine.
12. A diversity case involves both a state and a federal litigant.
13. Today, most cases make their way to the Supreme Court when at least four justices agree to hear a
case, and a writ of certiorari is issued.
14. A brief is a written statement by an attorney that summarizes a case and the laws and rulings that
support it.
15. The Supreme Court is in session for 48 weeks out of each year.
16. Legal periodicals such as Princeton Law Review and Cambridge Law Review are frequently consulted,
and citations to them often appear in the Court’s decision.
17. The solicitor general decides what cases the government will appeal from lower courts and personally
approves every case the government presents to the Supreme Court.
18. Sonia Sotomayor, Elena Kagan, and Sandra Day O’Connor are the only current female Supreme Court
justices.
19. A remedy is a judicial order enforcing a right or redressing a wrong.
20. Congress was very supportive of Franklin Roosevelt’s court-packing plan.
ESSAY
1. Explain how Alexander Hamilton described the Supreme Court in Federalist paper No. 78.
ANS:
The new federal courts would be the “least dangerous” branch of government. This was the
case because, unlike the president, the court would not command the sword and unlike,
Congress, the court could not control the purse strings of government. The court could take
“no active resolution whatever.”
2. Define judicial review and note how many federal laws have been declared unconstitutional.
3. Explain the difference between the judicial restraint approach and the activist approach.
4. Carefully explain the background and the Court’s ruling in Marbury v. Madison.
5. Discuss some recent rulings of the Supreme Court that suggest something like a revival of state
sovereignty is taking place.
6. Discuss the structure of the federal court system.
7. What are the two circumstances where the Supreme Court will often grant certiorari?
8. Identify the different types of opinions that Supreme Court justices write and explain what each
involves.
9. Discuss two reasons why the principle of precedent is so important.
10. Write an essay in which you discuss the ways that Congress can check the judiciary.