Judicial Branch of Government

Why did the Constitution provide for two separate court systems?

• to keep the federal court system from being overwhelmed

• to establish the federal court system as having more power than State courts

• to maintain a balance of power between the Federal Government and the States

• to strengthen the balance of power between the three branches of Federal Government

Choose the answer that best completes the chart about how a case gets to the Supreme Court.

• Declares the case unconstitutional.

• Sends the case to Congress to decide.

• Sends the case back to the lower court for reconsideration.

• Passes the case on to a higher court.

How are the courts listed in Column A different from those in Column B?

• The courts listed in Column A are all known as superior courts, while those in Column B are called inferior courts.

• The courts in Column A deal with international cases, while the courts in Column B deal with domestic cases.

• All the courts listed in Column A are different types of appellate courts, while the courts in Column B have original jurisdiction.

• The courts in Column A are all constitutional courts, while the courts in Column B are all special courts.

In the federal system, a district court has the power to

• retry a case that was first decided by a State court.

• exercise original jurisdiction over a federal case.

• apply appellate jurisdiction to a federal case.

• determine if a lower court made an unconstitutional ruling on a case.

What argument was the author of this statement, John Marshall, making about how the Federal Government should function?

“It is emphatically the province and duty of the Judicial Department to say what the law is.”

—John Marshall, Marbury v. Madison, Opinion of the Court

• The judicial branch of the Federal Government should have the power to make laws.

• The judicial branch of the Federal Government should have power to interpret laws.

• The judicial branch has the sole authority to establish a federal court system.

• Only the laws created by the Federal Government, and approved by the Court, have any authority in the federal system.

When a Supreme Court justice agrees with the decision reached by the Court in a case, but not with the reasons why the Court made that decision, he or she may choose to write a

• concurring opinion.

• dissenting opinion.

• majority opinion.

• unanimous opinion.

What kind of federal courts are described below?

These Federal Courts Were:

Established by Congress in 1891

Established as gatekeepers to relieve the burden on the Supreme Court

• courts-martial

• federal district courts

• federal courts of appeals

• special courts

What solution did Alexander Hamilton propose to the problem he describes in this quote?

“If there is in each State a court of final jurisdiction, there may be as many different final determinations on the same point as there are courts. There are endless diversities in the opinions of men. We often see not only different courts but the judges of the same court differing from each other.”

—Alexander Hamilton, The Federalist No. 22

• There should be a national court system that is superior to the State courts and can provide a final ruling.

• The State courts should meet regularly to discuss how to coordinate their rulings so they agree.

• The State and federal courts should share concurrent jurisdiction over all cases to settle disputes.

• The State courts should have no federal oversight so they can remain independent and represent their citizens.

How did the Supreme Court decision Baker v. Carr (1962) bring about a landmark change in the way seats are apportioned in the House of Representatives?

• The decision in Baker v. Carr held that the commerce clause of the Constitution could be used to ban gerrymandering of Congressional districts.

• Baker v. Carr reaffirmed the longstanding practice of guaranteeing each state, regardless of its population, a minimum of one seat in the House of Representatives.

• The Supreme Court decision in this case required nearly every state in the Union to redistrict on the principle of “one person, one vote,” thus increasing the influence of urban areas and decreasing that of rural areas in the House.

• This Supreme Court case declared that non-native-born citizens were ineligible for election to the House of Representatives.

Which of the following is an example of the principle of judicial review being exercised?

• The Senate first examines, and then rejects a Supreme Court candidate.

• The President appoints a candidate to serve on the Supreme Court.

• The Supreme Court declares a State law unconstitutional.

• Congress decides to impeach a federal judge for failure to uphold the law.