chapter 6 APGOPO

Which of the following is an example of judicial review by the Supreme Court?

• overturning a president's executive order about immigration because the order violates the Constitution

• deciding a case of original jurisdiction between New Mexico and Nevada over the issue of water rights

• hearing a case of appellate jurisdiction involving different interpretations of a federal law by the ninth and tenth circuit courts

• hearing a case of appellate jurisdiction involving a contract dispute between a corporation and a labor union

The Constitution is "not a living document," [Justice Scalia] told the Southern Methodist University crowd in 2014. "It's dead, dead, dead ... The judge who always likes the results he reaches is a bad judge." The quote supports which philosophy?

• Judicial activism

• Judicial restraint

• Judicial review

• Judicial independence

Why is Marbury v. Madison significant?

• it established the power of the supreme court to overturn decisions by state supreme courts

• it gives the supreme court more power than congress because congress has no way of overturning decisions by the supreme court

• it gives the supreme court the power to make decisions that serve as precedents for similar cases in the future

• it established the power of judicial review, affirming that the Supreme Court is coequal with other branches

Which of the following statements best describes the viewpoint in the cartoon?

• republicans are more partisan than democrats in nominating and confirming supreme court justices

• political parties attempt to nominate justices who share their political ideology

• supreme court justices serve for life, and their appointment impacts decisions for a long time

• once justices are appointed to the supreme court, they pressure each other to adopt similar viewpoints

There never can be danger that the judges, by a series of deliberate usurpations on the authority of the legislature, would hazard the united resentment of the body intrusted with it, while this body was possessed of the means of punishing their presumption, by degrading them from their stations. - Alexander Hamilton, Federalist No. 81 Which of the following statements summarizes the argument made in Federalist No. 81?

• the supreme court might deliberately take power from congress

• congress must trust the court system to uphold the constitution

• congress may check the supreme court through impeachment

• congress may check the supreme court by publicly degrading it's decisions

A Supreme Court Justice who writes the following words, "Generations from now, lawyers and judges will look back at today's ruling with utter contempt," is probably writing a

• concurring opinion

• majority opinion

• per curiam opinion

• dissenting opinion

Which of the following statements best describes Hamilton's point of view?

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

• the judiciary's power depends on an ability to convince the other branches of the strength of its reasoning

• the executive is more powerful than the legislature or the judiciary because the president is commander in chief

• judicial review should not be used against congress because it determines the rights and duties of Americans

• judges should examine cases involving only legal rights, and not cases addressing political rights such as voting and gerrymandering

Which of the following examples best reflects the statements Hamilton made in the final sentence of the quote?

Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.

• in his 2010 state of the union address, president Barack Obama sharply criticized the supreme courts decision in Citizens United v. FEC (2010)

• in 1957, President Dwight Eisenhower sent the National Guard to Little Rock, Arkansas to integrate the schools as ordered in Brown v. Board of Education (1954)

• in 2017, president Donald Trump nominated Neil Gorsuch to the supreme court, announcing he was "the very best judge in the country"

• in 1983, president Ronald Reagan called for an amendment to overturn the supreme court decision of Roe v. Wade (1973)

Legal argument of a party interested in a case submitted to the court hearing the case.

• Amicus Brief
• Per Curiam
• Writ of Mandamus
• Stare decisis brief

An order by a court to have the records from a lower court to be sent up for review.

• Writ of Certiorari
• Amicus Brief
• State Decicis
• Writ of Mandamus