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WorksheetsThe Supreme Court & Evaluating Opinions
Total questions: 17
Worksheet time: 14mins
The Supreme Court case of Marbury v. Madison (1803) established the principle of
the federal control of interstate commerce.
supremacy of the national government.
checks and balances.
judicial review.
The main effect of the Supremacy Clause is to
hold Constitutional law above all other laws.
establish judicial review of all legislation.
protect the rights of individuals against governments.
ensure that the text of the Constitution never changes.
What are the Constitutional requirements to be a Supreme Court Justice?
To have a law degree and to be appointed by the President.
To be nominated by the President and approved by the Senate.
To have prior experience as a judge.
To win a national election for the office of Justice.
A court not ruling on a case involving abortion or wire tapping phones because neither is specifically mentioned in the Constitution is an example of what practice?
Judicial Restraint
Originalism
Constitutional Interpretation
Separate But Equal
Using a prior court decision as the foundation for a current court decision is called what?
Anticedent
Remanding
Overturning
Legal Precedent
The opinion written by the judges on the winning side is known as the ...
majority opinion
prevailing opinion
dissenting opinion
fina opinion
In regards to the case above, which approach does the following opinion represent?
"We share a common history with the United Kingdom, and ... often consult English sources when asked to discern the meaning of a constitutional text written against the backdrop of 18th century English law and legal thought."
Originalist
Living Constitution
In regards to the case above, which of following approaches does the opinion below represent?
"If the meaning of [the Eighth] Amendment has been frozen when it was originally drafted, it would impose no impediment to the execution of 7-year-old children today. ... The evolving standards of decency that have driven our construction of this critically important part of the Bill of Rights foreclose any such reading of the Amendment."
Originalist
Living Constitution
In regards to the case above, which approach does the following opinion represent?
"... the Court says in so many words that what our people's laws say about the issue does not, in the last analysis, matter: "[I]n the end our own judgment will be brought to bear on the question of the acceptability of the death penalty under the Eighth Amendment... The Court proclaims (declares) itself sole aribter (authority, judge) of our Nation's moral standards ... Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent. . . .
Originalist
Living Constitution
In regards to the case above, which approach does the following opinion represent?
"[The majority's conclusion is that] the meaning of our Constitution has changed over the past 15 years - not, mind you, that this Court's decision 15 years ago was wrong, but that the Constitution has changed .... [It finds], on the flimsiest of grounds, that a national consensus which could not be perceived in our people's laws barely 15 years ago now solidly exists."
Originalist
Living Constitution
In regards to the case above, which approach does the following opinion represent?
"[In a previous case, the] Court determined that executive mentally retarded offenders 'has become truly unusual, and it is fair to say that a national consensus has developed against it." ... [There is] evidence of national consensus against the death penalty for juveniles ... 30 States prohibit the juvenile death penalty, comprising 12 that have rejected the death penalty altogether and 18 that maintain it but ... exclude juveniles from its reach."
Originalist
Living Constitution
