The Judiciary CL&CR II

Most conservatives believe that the United States Constitution

• is a living document and the Supreme Court should consider public opinion and contemporary values when interpreting constitutional provisions

• outlines a framework for government that the Supreme Court should apply strictly regardless of the political or personal preferences of judges

• establishes a shared set of political values flexible enough to empower the Supreme Court to apply its own personal judgment to their interpretation

• gives judges the power to overrule the other two branches of government in times when those other branches fail to be responsive to changing public opinion on issues

1. Critics of judicial activism would favor a Supreme Court that would ____________________.

• 1. expand civil rights

• 1. rule based on a strict interpretation of the Constitution

• 1. provide greater protections to the accused

• 1. permit the president to influence the Court’s decisions

• 1. supplement the power of the federal government

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

• The office of the president

• The electoral college

• The courts

• Political parties

1. Critics of judicial restraint would favor a Supreme Court that would ____________________.

• 1. establish new precedent

• 1. limit the power of the federal government

• 1. uphold precedent

• 1. limit the power of state governments

• 1. only hear a small number of cases

Those who believe that the Supreme Court in its rulings should defer to the elective institutions of government are advocating

• "judicial activism"

• "judicial restraint"

• "incorporation"

• "nullification"

1. Civil liberties are legal and constitutional protections against __________________________.

• 1. private enterprise

• tyranny

• 1. foreign invasions

• 1. criminals

• 1. government

Which of the following is true of nominees for federal judgeships?

• They are recruited from the current pool of United States attorneys.

• They are nominated by the Senate and approved by the House of Representatives.

• They are appointed for life by the President with the advice and consent of the Senate.

• They must receive the approval of the American Bar Association upon nomination.

1. The great freedoms of speech, press, religion, and assembly are contained in the _________.

• 1. 1st Amendment

• 1. 4th Amendment

• 1. 1st, 2nd, 3rd, and 4th Amendments

• 1. 2nd Amendment

• 1. 3rd Amendment

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

• conducts trials by jury

• has original jurisdiction

• hears civil cases but not criminal cases

• reviews previous court decisions

1. The incorporation doctrine involves _________________________________________.

• 1. the application of judicial review to state courts

• 1. extension of the Bill of Rights to the states

• 1. the means of creating a city government

• 1. the interpretation of the Commerce Clause

• the government’s power to regulate corporations