2.8 and 2.9 Practice MCQs

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 serves as the highest court of appeals, reviewing decisions from lower courts. This function is outlined in Article III, emphasizing its role in the judicial system.

The framers of the Constitution designed which of the following to be LEAST responsive to public opinion?

• The office of the president

• The courts

• Congress

• The electoral college

• Political parties

Answer explanation

The framers designed the courts to be insulated from public opinion, allowing them to make impartial decisions based on the law rather than popular sentiment, making them the least responsive to public opinion.

The difference between an appellate court and a district court is that an appellate court

• conducts trials by jury

• has original jurisdiction

• reviews previous court decisions

• hears civil cases but not criminal cases

• does not follow the principle of stare decisis

Answer explanation

The correct choice is that an appellate court reviews previous court decisions. Unlike district courts, which conduct trials and have original jurisdiction, appellate courts focus on evaluating the legality of prior rulings.

The doctrine of original intent holds that

• Supreme Court justices must emphasize independent and original thinking in considering constitutional matters

• the meaning of the Constitution depends on the intention of the framers

• cases selected for review by the Supreme Court must address an original and new concern not previously addressed by the Court

• Supreme Court justices should avoid bias by documenting their original impressions of a case

• the Supreme Court should review all treaties that alter previously established foreign policy

Answer explanation

The doctrine of original intent asserts that the meaning of the Constitution is rooted in the intentions of its framers, making the correct choice "the meaning of the Constitution depends on the intention of the framers."

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 legislative and executive branches.

The Federalist No. 78 says, “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, as well as the meaning of any particular act proceeding from the legislative body.” In which of the following decisions did the Supreme Court use an argument most similar to the one in The Federalist No. 78?

• McCulloch v. Maryland (1819)

• Schenck v. United States (1919)

• Brown v. Board of Education of Topeka (1954)

• Marbury v. Madison (1803)

Answer explanation

The Federalist No. 78 emphasizes the role of judges in interpreting the Constitution. In Marbury v. Madison, the Supreme Court established the principle of judicial review, asserting its authority to interpret the Constitution, aligning closely with this argument.

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)

Answer explanation

Marbury v. Madison (1803) established the principle of judicial review, affirming that it is the role of the judiciary to interpret the Constitution, aligning with Hamilton's assertion about judges ascertaining its meaning.

The Supreme Court’s power of judicial review permits the Court to overrule all of the following EXCEPT

• lower-court decisions

• state legislation

• acts of Congress

• the Bill of Rights

• executive orders

Answer explanation

The Supreme Court can overrule lower-court decisions, state legislation, acts of Congress, and executive orders. However, the Bill of Rights is a foundational part of the Constitution and cannot be overruled.

Which of the following describes the origin of the United States court system presented in the diagram?

• 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 court system's origin.

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.