AP Review Session 4: Judicial Branch

In The Federalist 78, Alexander Hamilton states, “A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning.” Which of the following Supreme Court cases is most relevant to this statement?

• Baker v. Carr (1962)
• Marbury v. Madison (1803)
• Shaw v. Reno (1993)
• McCulloch v. Maryland (1819)

Which of the following sections of the United States Constitution is most related to the case Marbury v. Madison (1803) ?

• Article I
• Article III
• The First Amendment
• The Tenth Amendment

The Supreme Court’s decision in Marbury v. Madison (1803) relates to foundational documents in which of the following ways?

• The Tenth Amendment to the Constitution reserves powers to the states, and Marbury v. Madison deals with whether the Supreme Court has appellate jurisdiction over state courts.
• The Declaration of Independence describes circumstances in which people may demand a redress of grievances, and Marbury v. Madison is about whether courts can resolve these crises.
• The Federalist 10 describes how the expanded scope of the national government can alleviate the problems of factions, and Marbury v. Madison uses the national government to negotiate a compromise between two rival factions.
• The Federalist 78 is about the power and role of the federal courts, and in Marbury v. Madison, Madison expands that role by giving the courts the power to determine whether laws or executive actions conflict with the Constitution

Which of the following scenarios best illustrates the concept of a case being decided based on precedent?

• The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause.
• The Supreme Court overturns a lower court decision in a case dealing with voter identification laws.
• A state passes a law which contradicts federal law, causing the Supreme Court to rule in favor of the federal government.
• The chief justice of the Supreme Court disagrees with the majority of the other justices and decides to declare a law passed by Congress as unconstitutional.

In the case Twining v. New Jersey (1908), the Supreme Court held that the Fifth Amendment’s protection against self-incrimination is not applicable to the states. In 1964 the Supreme Court overruled the decision in Malloy v. Hogan (1964) and held that the right was incorporated to the states. This scenario illustrates which of the following?

• The Supreme Court oftentimes overrules lower court decisions.
• Constitutional amendments can be used to overturn previous Supreme Court decisions.
• The executive branch can sometimes evade Supreme Court decisions.
• Ideological changes to the Supreme Court can lead to the overturning of precedent.

The Supreme Court upholds a law passed by Congress as constitutional. The chief justice states in the majority opinion that previous decisions supporting Congress’ power to make laws based on the naturalization clause of the Constitution were the basis for the decision. Which of the following legal concepts did the chief justice apply in writing the opinion?

• Compliance monitoring
• Overlapping jurisdiction
• Stare decisis
• Judicial activism

In the case Wickard v. Filburn (1942), Roscoe Filburn was penalized for producing 12 acres of wheat above his allotment under the Agricultural Adjustment Act of 1938. The law, justified under Congress’ power to regulate interstate commerce, limited the amount of wheat an individual could grow. This regulation would keep prices from dropping and prevent farmers from going bankrupt. Filburn claimed that the excess wheat was for his own use, and challenged that no interstate commerce was involved. The Supreme Court ruled that the commerce clause allowed the government to regulate Filburn's personal wheat production, even though it was only indirectly related to interstate commerce. Which of the following was a likely result of the decision in Wickard v. Filburn that contributed to the Court's later decision in United States v. Lopez (1995)?

• The Supreme Court is not elected, so unpopular decisions such as in the Wickard case cannot be overturned unless Congress acts upon it.
• Laws passed by Congress have since undergone judicial review by the Supreme Court to ensure that the commerce clause and other parts of the Constitution are interpreted correctly.
• The expansive interpretation of the commerce clause by the Supreme Court which greatly extended the power of Congress drew criticism that eventually led to a more narrow interpretation.
• Rather than be regulated by Congress, many citizens and corporations opt instead to find loopholes so that the law does not apply to them.

Which of the following is a constitutional requirement to being a part of the Supreme Court?

• 35 years old
• Natural Born Citizen
• 9 years Bench Experience
• Good Behavior

In Baker v. Carr (1962), the Supreme Court ruled that a state legislature would have to redraw their representative districts in order to comply with the Constitution. Which of the following potential difficulties could have resulted from this decision?

• The state legislature could have refused to implement the decision, leading to a crisis in the legitimacy of the Supreme Court’s authority.
• The United States Congress could have requested that funding be cut off from the redistricting program.
• The president could have created an executive agreement with the state that overrode the Supreme Court’s decision.
• A state appellate court could have issued a ruling that overturned the ruling of the United States Supreme Court.

In 1998, Goodyear employee Lilly Ledbetter filed suit against her employer for pay discrimination based on her gender. Though Ledbetter was initially successful, Goodyear appealed the decision and the case went to the Supreme Court. In Ledbetter v. Goodyear Tire and Rubber Co. (2007), the Supreme Court ruled that the Civil Rights Act of 1964 requires that sex discrimination complaints must be made within 180 days “after the alleged unlawful employment practice occurred,” which Ledbetter had failed to do. Which of the following actions could be taken to reverse the impact of the decision?

• Ledbetter could renew her appeal by seeking additional Supreme Court review.
• The president could sign an executive order to alter the Civil Rights Act.
• Ledbetter could pursue her case using the same arguments in state courts.
• Congress could enact legislation to amend Title VII of the Civil Rights Act.