Chapter 6 Review (Judicial Branch)

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

• 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

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

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

Why is Marbury v. Madison significant?

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

• 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 court.

• It gives the Supreme Court the power to make decisions that serve as precedent for similar cases in the future.

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.

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.”⁷⁸ The quote supports which philosophy?

• judicial restraint

• judicial activism

• judicial independence

• judicial review

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

• dissenting opinion

• per curiam opinion

What is the most logical inference from the table, using data from the five years shown?

• The Supreme Court has been accepting fewer cases for review.

• The number of petitions for writ of certiorari has decreased.

• The Supreme Court has been issuing more opinions.

• The Supreme Court has heard more cases.

Which of the following best describes an inference that can be drawn from the table?

• Supreme Court Justices are more focused on writing books and in giving speeches than they are in making new law.

• As the Court resolves cases over time, fewer cases are being filed that address constitutional issues.

• The Justices have decided over time that they should devote more of their limited resources to resolving a smaller number of increasingly hard cases.

• Computerization has enabled the Justices to become more efficient over time. Computerization has enabled the Justices to become more efficient over time.

All of the following serve as checks on the power of the federal courts EXCEPT:

• Federal judges can be impeached.

• The voters can oust federal judges in national elections.

• Congress can pass a law clarifying “legislative intent.”

• Presidents, governors, and local executives can refrain from enforcing court rulings.

• Congress and the state legislatures can amend the Constitution.

The difference between an appellate court and a district court is that an appellate court

• conducts trials by jury

• has original jurisdiction

• reviews previous court decisions

• hears civil cases but not criminal cases

• does not follow the principle of stare decisis

The doctrine of original intent holds that

• Supreme Court justices must emphasize independent and original thinking in considering constitutional matters

• the meaning of the Constitution depends on the intention of the framers

• cases selected for review by the Supreme Court must address an original and new concern not previously addressed by the Court

• Supreme Court justices should avoid bias by documenting their original impressions of a case

• the Supreme Court should review all treaties that alter previously established foreign policy