Constitutional Law Quiz

Which of the following has the express power to establish new federal courts and determine the number of judges that preside over them?

• The President

• The Congress

• The Supreme Court

• Congress and the States through the amendment process

A Supreme Court that makes frequent use of judicial review to establish new legal precedents and policies is referred to as implementing:

• Judicial restraint

• Judicial activism

• Judicial constructionism

• Judicial nullification

Which of the following did the Framers of the Constitution structure to be the most politically insulated?

• The Judicial Branch

• The President

• The House of Representatives

• The Electoral College

The appointment of Supreme Court Justice Barret in 2020 has led some to worry that the court will have a conservative majority and overturn liberal policies. This confirmation and debate highlights which of the following statements about the federal judgeship appointments?

• Judicial appointments have always been too political over the past few decades

• The majority party which controls the Judiciary Committee tends to chose judges that share their political ideology

• Justices and judges serve a lifetime tenure which can impact the ideological leaning of the courts for an extended period

• The original intent of the Framers to the Constitution was to ensure that justices would not be partisan

This judicial philosophy believes in the theory that policy and legislative matters should be left to elected representatives:

• Judicial Activism

• Juris prudence

• Judicial review

• Judicial restraint

All of the following are ways that Congress can "check" the judicial branch EXCEPT:

• Senate confirmation of judicial appointments

• Congress establishes the terms of federal judges

• Congress can pass revised laws addressing judicial decisions

• Congress establishes federal courts and their jurisdiction

The House majority disapproves of recent SCOTUS rulings. What action can they take to limit the impact of these rulings?

• Hold up the confirmation of a new Supreme Court appointee that shares the same ideological leanings of the current Supreme Court

• Find a member of the court guilty on charges of impeachment

• Pass new legislation with the Senate that addresses the findings of these decisions

• Increase the number of justices that sit on the Supreme Court despite Senatorial disapproval

In Federalist 78, Hamilton said that the Supreme Court lacked the "power of the sword" & "purse"... What was his argument in this statement?

• The Supreme Court was the safest from becoming tyrannical because they would be reliant on the other two branches to enforce their decisions

• The Supreme Court was in danger of lacking enough power and therefore must have it increased

• The Supreme Court would need to gain political power to secure support for their decisions

• A federal court system should always be subservient to state courts

In which of the following scenarios would SCOTUS most likely utilize selective incorporation?

• When one state is suing another state over conflicting laws

• When a bureaucratic agency implements an unconstitutional regulation

• When a state law violates the Bill of Rights

• When an individual is involved in a lawsuit with a citizen from another state

Judges and justices who believe in "stare decisis" and a judicial restraint philosophy believe:

• Judges should make decisions based on "amicus briefs" and a wide variety of legal opinions

• Opinions and decisions should support the political ideology of the president who appointed them

• Judges should view the Constitution as a "living breathing document" and actively use judicial review to shape policy

• Judges and justices should follow legal precedents for their decision making