AP GOPO The Judicial Branch

Which of the following is an accurate comparison of the two court cases?

• Comparison A

• Comparison B

• Comparison C

• Comparison D

Which of the following may the judicial branch do to limit the power of the president?

• Begin impeachment proceedings against the president

• Declare an executive order unconstitutional

• Refuse to ratify a treaty the president negotiated

• Overturn a presidential veto

“So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.

If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply.”

-John Marshall, decision in Marbury v. Madison (1803)

Which of the following statements best summarizes Marshall’s argument?

• The Supreme Court should judge whether both a law and the Constitution apply to a case

• The Supreme Court should judge whether the law or the Constitution ought to determine a case

• The Supreme Court should judge whether a law is constitutional

• The Supreme Court should judge ordinary acts as equal to the Constitution

“There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid.”

-Alexander Hamilton, Federalist No. 78, “The Judiciary Department,” 1788

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

• The Constitution delegates ultimate authority to the legislative branch

• The Supreme Court should have the power of judicial review

• Few legislative acts are contrary to the Constitution

• Arguments against the adoption of the Constitution are invalid

Which statement accurately summarizes the impact of the Marbury v. Madison (1803) decision?

• It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president

• It increased states’ power to restrict freedom of speech when it endangers public safety

• It established that the Bill of Rights implicitly protects the right to privacy

• It increased the power of Congress to carry out its enumerated powers by declaring that Congress has implied powers