Judicial Branch 2

In Gonzalez v. Raich (2005), the Supreme Court ruled that the commerce clause gave Congress the authority to ban the use of marijuana, despite conflicting state law. In the Court’s majority opinion, Associate Justice John Paul Stevens argued that local use of marijuana affected the supply and demand of the national marijuana market.

Which prior Supreme Court case could be cited as a precedent for the majority decision in Gonzalez v. Raich (2005)?

• Baker v. Carr (1962)

• Marbury v. Madison (1803)

• McCulloch v. Maryland (1819

• Shaw v. Reno (1993

Stare decisis is best defined as which of the following?

• Judges rely on past decisions and their precedents when making decisions in new cases

• Judges ought to strike down laws that are inconsistent with their understanding of the Constitution

• Judges have the power to interpret the Constitution and declare a law unconstitutional

• Judges should limit the exercise of their power to interpreting the Constitution according to its original intent

In United States v. Morrison (2000), the Supreme Court struck down the part of the Violence Against Women Act that made gender-motivated violence a federal crime, as it was not related to the commerce clause.

Which prior Supreme Court case could be used as a precedent for the majority decision in US v. Morrison (2000)?

• Gideon v. Wainwright (1963)

• Roe v. Wade (1973)

• McCulloch v. Maryland (1819)

• United States v. Lopez (1995)

Which of the following statements best explains how stare decisis influences Supreme Court justices?

• It makes justices more likely to defer to previous Supreme Court decisions

• It makes justices less likely to strike down laws and policies as unconstitutional

• It makes justices more likely to rule based on their interpretation of the Framers’ original intent

• It makes justices more likely to send cases back down to lower courts to be decided

In United States v. Nixon (1974), the Supreme Court ruled that President Nixon was not exempt from a court order that required him to release White House tapes. It upheld the right of the Court to “say what the law is,” as Chief Justice Warren Burger wrote in the Court’s majority opinion.

Which prior Supreme Court case could be cited as a precedent for the majority decision in United States v. Nixon (1974)?

• Marbury v. Madison (1803)

• Gideon v. Wainwright (1963)

• McCulloch v. Maryland (1819)

• Baker v. Carr (1962)

A Supreme Court precedent banning prayer in schools could be viewed as interfering with state powers under the Constitution, and as creating law rather than interpreting it.

Which of the following may Congress do to limit the Supreme Court’s power?

• Fire and replace Supreme Court justices

• Pass legislation changing the court’s jurisdiction

• Place term limits on Supreme Court justices

• Veto parts of the Court’s decision

Which of the following actions can the states take to limit the Supreme Court’s power?

• File briefs to change the Court's decisions

• Refuse to implement and enforce a ruling by the Court

• Pass legislation limiting the Supreme Court’s jurisdiction

• Preventing cases from being sent to the Supreme Court

Which of the following may Congress do to limit the Supreme Court’s power?

• Pass legislation to limit the Court’s jurisdiction

• Fire and replace justices

• Appoint additional justices to the Court

• Veto parts of the Court’s decisions

Which of the following statements describes judicial activism?

• Judges have the power to interpret the Constitution and declare a law unconstitutional

• Judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution

• Judges rely on past decisions and their precedents when making decisions in new cases

• Judges should limit the exercise of their own power to interpreting the Constitution according to its original intent

A president believes the Court has overstepped its constitutional authority by requiring state legislatures to redraw congressional districts to address partisan gerrymandering.

Which of the following could the president do to limit the Supreme Court’s power in response?

• Place term limits on the Supreme Court justices

• Change the size of the Supreme Court

• Refuse to implement the decision

• Fire and replace Supreme Court justices