Quick Check 12 Government

Which of the following accurately describes the data in this graph?

• The Warren Court tended to act conservatively when it overturned prior Court precedents.

• The Supreme Court overturns more federal laws each year than it overturns prior Supreme Court precedents.

• The Burger Court struck down a greater number of precedents annually than the Rehnquist Court did.

• The Roberts Court struck down more laws than its predecessors.

Based on the information in the charts, which of the following conclusions can you draw?

• The Court by its actions is creating more law than the Congress.

• The results in the graphs stem from the Senate's reluctance to confirm judicial nominees.

• The Court overturns laws more often than it follows stare decisis.

• The court has issued more conservative rulings when it overturns prior Court precedents.

Which of the following is an accurate comparison of judicial activism and judicial restraint?

• A

• B

• C

• D

If there are such things as political axioms, the propriety of the judicial power of a government being coextensive with its legislative, may be ranked among the number. The mere necessity of uniformity in the interpretation of the national laws, decides the question. Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, is a hydra in government, from which nothing but contradiction and confusion can proceed.

Which of the following statements best summarizes Hamilton's argument?

• The thirteen states should retain their courts and have independence from national law.

• The proposed federal courts and the Supreme Court will provide national consistency in law.

• Because the national court system will have multiple judges, differing decisions will cause confusion.

• The judicial branch should be the superior branch of government.

If there are such things as political axioms, the propriety of the judicial power of a government being coextensive with its legislative, may be ranked among the number. The mere necessity of uniformity in the interpretation of the national laws, decides the question. Thirteen independent courts of final jurisdiction over the same causes, arising upon the same laws, is a hydra in government, from which nothing but contradiction and confusion can proceed.

Which of the following principles does Hamilton suggest the new federal judiciary will establish?

• Advice and consent

• Judicial activism

• Stability in the law

• Freedom and liberty

A U.S. district judge in Alabama has a dispute in his court in which an employee is suing her employer over improper termination. The Ninth Circuit Court of Appeals and the U.S. District Court of Kansas have both ruled on highly similar cases under the same law and sided with the employee. Which of the following is the likely action this federal judge will take?

• The judge must rule in the same way because of binding precedent.

• The judge will read the other two courts' opinions and consider them before making a ruling.

• The judge will ask the Justice Department for guidance

• The judge will refuse to hear the case because the federal courts have no jurisdiction in this matter.

Which of the following methods is the most certain way to override a Supreme Court decision?

• Passing legislation the Court declared unconstitutional in a slightly different form

• Appealing the decision

• Proposing and ratifying a constitutional amendment that counters the decision

• Convincing the president to veto the decision

Which of the following best describes the message of the cartoon?

• One judge shows judicial restraint; one shows judicial activism.

• There are too many applicants for the Supreme Court

• The Court is tied up in bureaucratic matters.

• One president's appointment was replaced by another president's.

Which of the following constitutional principles allowed the events show in the cartoon?

• The legislative process

• The Senate's advice and consent role

• Congress's role in determining the number of justices

• Original jurisdiction

Which of the following statements is true regarding the Court's decision in Marbury v. Madison (1803)?

• It resolved a dispute about Congress's commerce power

• It established the principle of stare decisis

• It overturned part of an act of Congress

• It established the supremacy of federal law.