11/20: Judicial Review

What is Judicial Review, as defined in the context of the U.S. Supreme Court?

• The review by Congress of the constitutional validity of a Supreme Court ruling.

• The power of the President to veto a legislative act passed by Congress.

• The review by the U.S. Supreme Court of the constitutional validity of a legislative act.

• The process by which federal courts resolve disputes between states.

Where does the concept of Judicial Review originate?

• It is explicitly mentioned in the U.S. Constitution.

• It comes from the 1803 U.S. Supreme Court case Marbury v. Madison.

• It was established by the Judiciary Act of 1789.

• It was the result of a constitutional amendment passed in 1803.

What specific legal measure did William Marbury base his suit on when he went to the Supreme Court?

• A clause within the U.S. Constitution's Article III.

• The presidential election results of 1800.

• Thomas Jefferson's instructions to James Madison.

• The Judiciary Act of 1789.

The term 'midnight appointments' refers to appointments made by which outgoing President?

• Thomas Jefferson

• John Adams

• James Madison

• George Washington

Who was instructed by President Jefferson not to deliver the commissions for the newly created judicial appointments?

• William Marbury

• Chief Justice John Marshall

• Secretary of State James Madison

• Thomas Jefferson himself

Who was the Chief Justice of the Supreme Court for the Marbury v. Madison case?

• John Adams

• James Madison

• Thomas Jefferson

• John Marshall

In his reasoning, Chief Justice Marshall feared that if he ruled against the new Anti-Federalist administration, President Jefferson might do what?

• Choose to ignore the ruling of the Supreme Court.

• Ask Congress to impeach him.

• Veto the entire Judiciary Act of 1789.

• Reappoint William Marbury.

What was the effect of the Marbury v. Madison ruling on the 'midnight appointments'?

• All of the 'midnight appointments' were immediately filled.

• None of the 'midnight appointments' would be filled because the law creating the offices was ruled unconstitutional.

• Only William Marbury's appointment was upheld.

• The decision was postponed until the next presidential election.

Why was Chief Justice Marshall concerned about antagonizing the Jefferson Administration with his ruling?

• He was afraid he would be removed from the court.

• He wanted to make sure his party, the Anti-Federalists, remained in power.

• He feared that Adams might try to take his job back.

• He feared it would hurt the credibility of the judicial branch and the checks and balances concept.

What historical first occurred as a result of the Marbury v. Madison decision?

• A former Vice President was appointed to the Supreme Court.

• The Supreme Court was moved to its current building.

• A President successfully ignored a Supreme Court ruling.

• It was the first time the Supreme Court ruled an act of Congress unconstitutional.