14.4 - Constitutional Interpretation

The concept that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text is called

• judicial activism

• judicial restraint

• originalism

• "living" constitution

The philosophy that the Supreme Court should avoid taking the initiative on social and political questions is known as

• judicial activism

• judicial restraint

• originalism

• stare decisis

The belief that the U.S. Constitution should be interpreted according to the intent of those who composed and adopted it is called

• stare decisis

• judicial review

• originalism

• judicial activism

Which of the following is a legislative check on the power of the Supreme Court?

• Congress selects the Supreme Court justice nominees.

• Congress can pass new laws overriding Court decisions.

• Congress can remove all sitting justices and appoint replacements.

• Congress can prevent the Court from reviewing a case by vetoing its selection.

Which of the following is an executive check on the power of the Supreme Court?

• The president has the power to nominate justices to the Court.

• The president has the power to remove justices from the Court.

• The president can remove funding from the Court.

• The president can reduce or increase the number of justices on the Court.

Which of the following MOST influence how justices determine the meanings of the Constitution when the text is unclear?

• judicial restraint and judicial activism

• public opinion about the meaning of the text

• the ideology of the president who appointed them

• precedents and their personal judicial philosophy

Which precedent was overturned in the Brown v. Board of Education (1954) ruling?

• Whitney v. California (1927), which allowed the government to punish speech because it might tend to incite crime

• Betts v. Brady (1942), which ruled that states do not need to provide free legal representation to people who are charged with a felony and cannot afford a lawyer

• Plessy v. Ferguson (1896), which allowed separate but equal facilities

• Jacobson v. Massachusetts (1905), which upheld state law requiring smallpox vaccinations even when it would violate religious beliefs

The philosophy that the Supreme Court should play an active role in shaping national policies by addressing social and political issues is known as

• judicial activism

• judicial restraint

• judicial review

• amicus curiae

Which is a reason justices decide to not follow precedents in deciding a case?

• They believe the previous ruling was wrongly decided.

• They do not personally support the law.

• The precedent is unpopular to a small segment of society.

• Congress has tried but failed to pass legislation to change the law.

Which term means that, once the Court rules on a case, its decision serves as a model on which to base other decisions in cases that raise the same legal issue?

• amicus curiae

• appellate

• stare decisis

• writ of certiorari