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Unit 2.3 judicial, bureacracies

Total questions: 42

Worksheet time: 38mins

Name
Class
Date
1.

Approximately how many cases does the Supreme Court hear per year?

a)

25-50

b)

80-150

c)

200-300

d)

7000-8000

2.

The Supreme Court has both __ and __ jurisdiction.

a)

constitutional and extra-legal

b)

original and appellate

c)

executive and non-executive

d)

exclusive and inclusive

3.

Under Article III of the Constitution, __ creates the inferior (lower) courts.

a)

the president

b)

Congress

c)

the Senate Judiciary Committee

d)

the Attorney General

4.

All of the following are means the Supreme Court chooses cases before being put on the docket EXCEPT:

a)

"Rule of Four"

b)

oral arguments

c)

writ of certiorari

d)

with intention of setting a new precedent

5.

The __ nominates federal and Supreme Court justices with confirmation from a simple majority of the __.

a)

president; Senate

b)

Senate Judiciary Committee; Attorney General

c)

president; House of Representatives

d)

president; Congress

6.

What does judicial review mean?

a)

that the Supreme Court can investigate the president for misconduct

b)

that the Supreme Court can declare acts of the legislative, executive branch and states unconstitutional

c)

that the president can review an Supreme Court decisions he deems unfair

d)

that Congress has the right to ensure the Supreme Court's decisions are impartial

7.

Why did the Founding Fathers want federal judges to serve life terms?

a)

they wanted to ensure that judges couldn't be bribed

b)

they didn't want masses of uneducated people to influence the outcome of the judicial process

c)

they wanted an independent judiciary that was free from the influence of politics

d)

they wanted to make sure that there was long-lasting stability in the judiciary

8.

The Supreme Court's power of judicial review came from which court case?

a)

Gibbons v Odgen

b)

Marbury v Madison

c)

Citizens United v U.S.

d)

Miranda v Arizona

9.

the authority of a court to hear and review decisions made by lower courts in that system.

a)

federal judiciary

b)

Supreme Court

c)

original jurisdiction

d)

appellate jurisdiction

10.

The practice of following the precedent : letting a previous legal decision stand; upholding a lower court ruling.

a)

stare decisis

b)

majority opinion

c)

concurring opinion

d)

dissenting opinion

11.

an opinion that agrees with the majority decisions, offering different or additional reasoning.

a)

stare decisis

b)

majority opinion

c)

concurring opinion

d)

dissenting opinion

12.

a philosophy of constitutional interpretation that justices should be cautious in overturning laws.

a)

stare decisis

b)

judicial restraint

c)

concurring opinion

d)

dissenting opinion

13.

A philosophy of constitutional interpretation that advocates the courts' active role in policymaking, and Justices wield the power of judicial review, sometimes creating bold new policies.

a)

stare decisis

b)

judicial restraint

c)

judicial activism

d)

dissenting opinion

14.

The court that has the authority to hear a case first has

a)

Appellate Jurisdiction

b)

Primary Jurisdiction

c)

Original Jurisdiction

d)

Secondary Jurisdiction

15.

The majority opinion, issued by the Supreme Court as the final decision of a case, becomes the standard or guide that will be followed in deciding similar cases in the future. this standard or guide is known as a

a)

Precedent

b)

Stare Decisis

c)

Brief

d)

Decision

16.

"It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each."

-Chief Justice John Marshall

Which of the following principles is most accurately reflected in the quote from John Marshall?

a)

Republicanism

b)

Judicial Review

c)

Constitutionalism

d)

Checks and Balances

17.

What is the document that must be issued from a higher court to a lower court for case records in order for SCOTUS to hear an appeal?

a)

Writ of Breve

b)

Writ of Mandamus

c)

Writ of Habeus Corpus

d)

Writ of Certiorari

18.

What kind of opinion is written by a justice who disagrees with the majority opinion of the court?

a)

Majority Opinion

b)

Dissenting Opinion

c)

Concurring Opinion

d)

Minority Opinion

19.

Literally meaning "friend of the court", these are submitted to the SCOTUS by non-parties in a case that have a stake in the case.

a)

Amicus Curiae

b)

Writ of certiorari

c)

Oral arguments

d)

Rule of 4

20.

Limit judicial power; only strike down laws that are obviously unconstitutional

a)

Judicial Restraint

b)

Judicial Activism

c)

Strict Constructionist

d)

Liberal Constructionist

21.

Justices believe that they have to uphold the original intent of the Founding Fathers

a)

Judicial Restraint

b)

Judicial Activism

c)

Strict Constructionist

d)

Liberal Constructionist

22.

The Constitution is a living document that changes with the times and the Supreme Court should deliver decisions in line with those times

a)

Judicial Restraint

b)

Judicial Activism

c)

Strict Constructionist

d)

Liberal Constructionist

23.

Which of the following best explains why the Supreme Court should be politically insulated?

a)

To allow them to have an easy job

b)

To ensure their safety

c)

To allow them to interpret the Constitution without influence of the govt or public

d)

To make them eligible for reappointment by the President

24.

Why does Alexander Hamilton consider the judicial branch to be the weakest branch in Federalist 78?

a)

Because it has no ability to enforce its decisions

b)

Because they aren't elected

c)

Because there are too many judges

d)

None of the above

25.

Which of the following CANNOT be overturned/deemed unconstitutional by the Supreme Court?

a)

A new piece of legislation

b)

An executive order

c)

A treaty with a foreign nation

d)

An Amendment

26.

Supreme Court justices were given life terms subject to good behavior by the Framers of the Constitution in order to ensure that...

a)

justices are insulated from politics

b)

justices are encouraged to abide by the public opinion and sentiments

c)

there is collaboration between the 3 branches of government

d)

justices remain accountable to the public

27.
Which of the following is NOT a method a president can use to control the bureaucracy?
a)
request a congressional oversight hearing 
b)
appoint people to head an agency who share the presidentʹs goals and strategies 
c)

influence an agency’s recommended budget in the budget proposal

d)

issue executive orders, signing statements or other informal persuasions

28.
Congress tries to control the bureaucracy through…
a)
rewriting laws, controlling budgets and holding hearings 
b)
the use of executive orders and appointments
c)
the creation of iron triangles
d)
dismissing members of the President’s cabinet 
29.
Issue networks are…
a)
An informal and relatively open network of public officials, think tanks, political pundits and lobbyists who have a common interest in a given area and who are brought together by a proposed policy in that area
b)
the relatively new television stations that specialize in political coverage
c)
two or more agencies that share regulatory power when a policy or regulation affects more than one regulatory body
d)
the same as ʺiron trianglesʺ 
30.
The main job of federal bureaucrats is to...
a)
implement and regulate government policies
b)
compete with the private sector for monopoly power
c)
protect the interests of their constituencies
d)
advise the president and Cabinet on internal affairs.
31.

The House Committee on Veterans Affairs, the Department of Veterans Affairs, and the VFW (Veterans of Foreign Wars) work together to achieve policies that benefit veterans.

This is an example of which of the following?

a)

Corporate lobbies

b)

Political action committees

c)

Issue networks

d)

Iron triangles

32.

Which of the following statements explains how Congress can use its power of the purse to restrict presidential power?

a)

Congress allocates funds for presidential campaigns and can restrict funds to the president’s party

b)

Congress determines the president’s salary and can cut it based on performance

c)

Congress drafts and passes a federal budget, which does not require presidential approval

d)

Congress can deny requests for funds to executive agencies during the budget process

33.

Congress passed the Clean Air Act, which gave the federal government the power to monitor and limit emissions of harmful chemicals into the atmosphere. In 2003, however, the Environmental Protection Agency (EPA) announced that the Clean Air Act does not give it the authority to regulate carbon dioxide and other greenhouse gases.


The EPA’s decision to regulate some emissions but not others is an example of which of the following?

a)

The discretionary authority that individual bureaucrats and agencies have to make choices about how to implement existing laws

b)

An iron triangle relationship between bureaucratic agencies, interest groups, and congressional subcommittees to promote a common cause

c)

Bureaucratic rulemaking authority to write specific regulations in order to enforce laws

d)

The collaboration between an issue network of experts and stakeholders to create specific policy

34.

Members of the United States House of Representatives Committee on Transportation and Infrastructure are concerned over increased accidents on national highways.


Which of the following is an action the committee can take to address the problem?

a)

Replacing the secretary of the Department of Transportation with a member on the committee

b)

Confiscating funds from the Department of Transportation until problems are resolved

c)

Disbanding the Department of Transportation and allocating their responsibilities to other executive departments

d)

Holding a hearing and subpoenaing high-level officials of the Department of Transportation

35.

In 1975, Congress passed the Hazardous Materials Transportation Act, which gave the Department of Transportation the power to regulate the transport of potentially hazardous materials, including radioactive materials. In response, the Department of Transportation set regulations on vehicles transporting hazardous materials, such as requiring additional labels on shipment trucks that warn other vehicles that there is hazardous material in the truck.


The action taken by the Department of Transportation is an example of which of the following?

a)

A law created by the president and implemented by a bureaucratic agency without congressional approval

b)

A permanent change to the Constitution of the United States

c)

A guideline issued by the federal bureaucracy, which provide specific details about how a policy will be implemented

d)

A written pronouncement issued by the president after signing

36.

In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which gave the Securities and Exchange Commission (SEC) more power to regulate and enforce securities laws. In response, the Securities and Exchange Commission created the Office of the Whistleblower, which is responsible for gathering information from people who know of a company committing securities fraud, without repercussions on the whistleblower.


The Securities and Exchange Commission’s ability to decide how much money is awarded to whistleblowers is an example of which of the following?

a)

The rule making power that individual bureaucrats and agencies have in order to make choices about how to implement existing laws

b)

The collaboration between experts and stakeholders to create specific policy

c)

Bureaucratic authority to write specific regulations in order to enforce laws

d)

The relationship between bureaucratic agencies, interest groups, and congressional subcommittees to promote a common cause

37.

Which of the following scenarios would be considered congressional oversight?

a)

Congress confirms the head of the Environmental Protection Agency in both the House and the Senate

b)

Congress calls several high-level officials of the Department of Homeland Security to testify on cross-agency communication after September 11th

c)

Congress gives the Securities and Exchange Commission discretionary authority to implement a bill on regulating Wall Street companies

d)

Congress passes a bill which the president vetoes; Congress then overrides the presidential veto with a two-thirds vote in each chamber

38.

Bureaucratic discretionary authority is best defined as which of the following?

a)

The ability of executive departments and agencies to make choices about how to enforce public policy

b)

The regulations issued by government agencies to implement public policy

c)

The power of the president to create a law to be implemented by a bureaucratic agency without congressional approval

d)

The supervision of departments and agencies conducted by congressional committees

39.

Which of the following statements describes why the federal bureaucracy is given discretionary authority to implement public policy?

a)

Bureaucrats are responsible for appropriating budgets after legislation is passed

b)

Bureaucrats are solely responsible for making regulations after legislation is passed

c)

Bureaucrats are experts and are able to make the best choices on how to implement policy

d)

Bureaucrats are the only part of the federal government who can interact with interest groups and the public

40.

which of the following best describes the term "iron triangle"

a)

close working relationship between the three levels of the judicial branch

b)

cooperation between the federal, state, and local governments

c)

close relationship between the bureaucracy, congress, and interest group

d)

relationship between diplomats, president, and senate in treaty negotiations

41.

which of the following is an example of congressional oversight

a)

holding hearings for review of an executive agency's activities

b)

assisting constituents with particular problems

c)

reporting campaign contributions to the Federal Election Commission

d)

conducting ethics investigations of congressional leadership

42.

Which of the following statements is NOT true?

a)

Bureaucrats shape public policy.

b)

Bureaucrats implement the will of Congress.

c)

Bureaucrats are not held accountable by federal courts

d)

Bureaucrats engage in rulemaking.