Doris H.

Those who believe that the Supreme Court in its rulings should defer to the elective institutions of government are advocating?

• Social Darwinism

• Judicial Activism

• Judicial Restraint

• Incorporation

• Nullification

To influence policy making by the federal courts, the president may do all of the following except:

• make public statements about issues that might appear before the courts

• take political ideology into account in making judicial appointments

• fire and replace federal judges

• encourage the Justice Department to get involved in cases that test certain issues

• take partisanship into account in making judicial appointments

In The Federalist 78, Alexander Hamilton argued that the federal judiciary "is beyond comparison the weakest of the three departments of power." Which of the following statements represents a reason he gave for this argument?

• It must depend on the executive for enforcement of its decisions.

• Each branch must be given the ability to defend its power and check the others.

• The federal government is further from the people and thus less accountable.

• It has the power of the sword and the power of judgment but lacks the power of the purse

In the United States judicial system, when a judge decides a case based on decisions rendered in similar cases in the past, the judge is following the principle of

• diversity

• certiorari

• justiciability

• stare decisis

• amicus curiae

During his confirmation hearing, Chief Justice John Roberts stated that Roe v. Wade (1973) "is the settled law of the land." This statement suggests that in a case that challenges the constitutionality of legislation restricting privacy and reproductive rights, which of the following should be a key factor in the court's ruling?

• The consensus of the other justices

• Briefs submitted by interested parties

• Reliance on legal precedent

• Contemporary societal norms

In Roe v. Wade, the majority of Supreme Court justices determined that

• a constitutional right to privacy necessitated making contraceptives legal

• abortions could be performed only during the first twelve weeks of a pregnancy

• homosexuality is unconstitutional

• the United States Constitution implies a right to privacy and thus made abortions legal

• a husband is allowed to veto his wife’s decision to have an abortion

Which of the following amendments to the Constitution most likely provides the basis for a driver to challenge the constitutionality of police use of sobriety checkpoints in enforcing drunk driving laws?

• The Tenth Amendment right of states to powers not given to the national government

• The First Amendment right to petition the government for a redress of grievances

• The Eighth Amendment protection against cruel and unusual punishment

• The Fifth Amendment protection against self-incrimination

• The Fourth Amendment protection against unreasonable search and seizure

With respect to prayer in public schools, the United States Supreme Court has ruled that

• the free exercise clause permits teachers to mandate silent prayer

• state-sponsored prayer violates the establishment clause of the First Amendment

• since educational policy is controlled largely by state governments, the First Amendment does not affect school policy on prayer

• state-sponsored prayer is permitted by the free exercise clause of the First Amendment

• in school districts in which local authorities can demonstrate that all students belong to a single religion, mandated prayer is permissible

The application of the death penalty has been limited in recent decades and cannot be applied to minor and people who are found to be mentally incompetent. Which of the following is the reason for this?

• The Fifth Amendment’s due process clause motivated state legislatures to limit the death penalty.

• The right to an attorney guaranteed by the Sixth Amendment led to limited application of the death penalty

• The Supreme Court redefined what constitutes an unreasonable intrusion under the Fourth Amendment.

• The Supreme Court changed its interpretation of what constitutes cruel and unusual punishment under the Eighth Amendment.

Senatorial courtesy is offered to

• majority party senators who reside in the home state of the judicial vacancy

• only senate members who are willing to initiate a filibuster to prevent a judicial nomination.

• minority party members.

• appellate court judges.

• Judiciary committee members only.