Unit 2B Exam Review

Which of the following best reflects a function of the Supreme Court in Article III of the Constitution?

• To interpret the constitutionality of laws passed by Congress

• To adjudicate disputes between the president and Congress

• To overturn legislation passed by the state legislatures

• To serve as the highest court of appeals

Answer explanation

The Supreme Court's primary function, as outlined in Article III, is to interpret the constitutionality of laws passed by Congress, ensuring they align with the Constitution.

Which of the following is an example of bureaucratic rulemaking?

• The Internal Revenue Service (IRS) collecting back taxes with interest from citizens

• The Environmental Protection Agency (EPA) writing a regulation to support a clean water bill

• Congress passing legislation to establish the Department of Homeland Security

• The federal government listing a business opportunity on its clearinghouse Web site for government contracts

Answer explanation

The Environmental Protection Agency (EPA) writing a regulation to support a clean water bill is an example of bureaucratic rulemaking, as it involves a government agency creating rules to implement legislation.

Which of the following pairs accurately identifies the methods used by Congress and the president to hold the bureaucracy accountable to the other branches?

• Congress: Holding a committee hearing; President: Appointing a Cabinet

• Congress: Using the power of the purse to control spending; President: Negotiating a treaty

• Congress: Firing civil servants; President: Exercising power as commander in chief

• Congress: Meeting in a congressional caucus; President: Attaching a signing statement to legislation

Answer explanation

The correct choice highlights Congress's power to control spending, which is crucial for oversight, and the president's role in negotiating treaties, which requires collaboration with Congress, ensuring accountability between branches.

Which of the following scenarios best illustrates delegated discretionary authority?

• A manager allows employees to choose their own work hours within a set range.

• A teacher assigns a project and lets students decide how to complete it.

• A government agency sets regulations and allows companies to determine how to comply.

• A parent sets a bedtime for their child but allows them to choose their own bedtime story.

Answer explanation

The correct choice illustrates delegated discretionary authority as the government agency sets regulations but allows companies the freedom to determine their own compliance methods, showcasing a clear delegation of decision-making.

The mission of the Department of Transportation is to ensure the safety and efficiency of the transportation system. The Department of Transportation has accepted public comments regarding the safety of automated vehicles in the United States in order to establish standards and guidelines for this new technology. Which of the following concepts is most related to the scenario?

• Exclusive powers

• Reserved powers

• Delegated discretionary authority

• Enumerated legislative authority

Answer explanation

The scenario involves the Department of Transportation using its authority to establish safety standards for automated vehicles, which aligns with delegated discretionary authority, allowing agencies to make decisions within their jurisdiction.

In Worcester v. Georgia (1832), the United States Supreme Court ruled that a Georgia law violated the U.S. Constitution. In response to Chief Justice John Marshall’s majority opinion, President Andrew Jackson said, "John Marshall has made his decision, now let him enforce it." Which of the following ideas regarding government does President Jackson’s statement exhibit?

• Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions by delaying their implementation.

• When the Supreme Court takes an activist approach to decision making, it can influence policy.

• Constitutional amendments have granted the Supreme Court greater power to enforce its decisions.

• Unpopular Supreme Court Justices can be removed by a two-thirds vote in Congress and a presidential signature.

Answer explanation

President Jackson's statement highlights that the Supreme Court lacks enforcement power, allowing the executive and legislative branches to delay or restrict the implementation of its decisions.

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 has the power of the sword and the power of judgment but lacks the power of the purse.

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

Answer explanation

Hamilton argued that the judiciary is the weakest branch because it relies on the executive to enforce its decisions, lacking independent power compared to the other branches.

Lobbyists from the Airlines for America, an advocacy group that represents commercial airlines, work with members of the House Committee on Transportation and Infrastructure and officials from the United States Federal Aviation Administration (FAA) to discuss a new policy that addresses issues of airline safety. This scenario best illustrates

• a political action committee

• an iron triangle

• a social movement

• an independent expenditure

Answer explanation

This scenario illustrates an iron triangle, as it involves the interaction between a special interest group (Airlines for America), a congressional committee (House Committee on Transportation and Infrastructure), and a government agency (FAA) to influence policy.

Which of the following describes the origin of the United States court system?

• Article II of the Constitution established the three-tiered court system and the jurisdiction of each court in each tier.

• McCulloch v. Maryland (1819) allowed the Supreme Court to establish other federal courts.

• Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress.

• Marbury v. Madison (1803) allowed Congress to create other federal courts.

Answer explanation

Article III of the Constitution specifically established the Supreme Court, while it granted Congress the authority to create other federal courts, making this the correct description of the origin of the U.S. court system.

Which of the following statements best explains the diagram?

• The United States District Court is the starting place for all cases going to the United States Supreme Court.

• State supreme courts have the final say in all cases arising in the states.

• Cases arising at both the state and federal level may be appealed to the United States Supreme Court.

• The number of federal courts is greater than the number of state courts.

Answer explanation

The correct choice highlights that both state and federal cases can be appealed to the United States Supreme Court, reflecting its role as the highest court for appeals from various jurisdictions.