AP Government Amsco Reading Quiz

"The Supreme Court closed out its 2011-2012 term today in dramatic fashion, upholding the Affordable Healthcare Act by a sharply divided vote (in National Federation of Independent Business v Sebelius). The Court's bottom line, reasoning and line up of justices all came as a shock to many....I don't think anyone predicted that the law would be upheld without the support of Justice Anthony Kennedy, always the Court's crucial swing vote. And while most of the legal debate focused on Congress's power under the Commerce Clause, the Court ultimately upheld the law as an exercise of taxing power....The most surprising thing of all, though, is that in the end, this ultraconservative Court decided the case, much as it did in many other cases this term, by siding with liberals.

David Cole, The Nation, June 28, 2012

After reading the scenario above, what does David Cole elude to regarding Supreme Court justices?

• The Supreme Court used judicial review and ruled against Congress.

• The Supreme Court justices embrace their political ideology and often will not stray from it.

• Political ideology was not a consistent predictor of Supreme Court Justice's opinions.

• The ruling of the Supreme Court was heavily swayed by economic interest groups.

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

• Judicial activism can result in shaping federal, but not state policies. Judicial restraint is practiced when an appeals court agrees to grant an appeal.

• Judicial activism was established with the Judiciary Act of 1789. Judicial restraint was practiced in the Court's ruling on Roe v Wade.

• Judicial activism is a democratic way to assure popular policies in a representative government. Judicial restraint is practiced when courts restrain the legislation or executive branches.

• Judicial activism is practiced when courts overrule legislative acts or shape policy. Judicial restraint is exercised when courts refrain from interfering with policies created by elected bodies.

If their are such things as political axioms (self-evident), 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. 13 independent courts of final jurisdiction over the same cause, arising upon the same laws, is a hydra (monster), from which nothing but contradiction and confusion can proceed.

Alexander Hamilton Federalist No. 80, 1788

Which of the following BEST summarizes Hamilton's argument?

• The 13 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.

A U.S. district judge in Alabama has a dispute in his court which an employee is suing her employer over termination. The 9th Circuit Court of Appeals and the District Court of Kansas have both ruled on highly similar cases under the same law and have sided with the employee.

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

• It resolved the dispute about Congress's commerce power.

• It established the principal of stare decisis.

• It overturned part of an act of Congress.

• It established the supremacy of federal law.

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

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

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

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

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

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

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

• The results above demonstrate 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 BEST describes the message of this cartoon?

• One judge shows judicial restraint, the other shows judicial activism.

• There are to many applicants to the Supreme Court.

• The Court is tied up in bureaucratic matters.

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

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

• the legislative process

• the Senate's advice and consent rule

• Congress's role in determining the number of justices

• Original jurisdiction