MC16

CHAPTER 16

The Judiciary

MULTIPLE CHOICE QUESTIONS

Ans: CPage: 438Type: Factual

1. Which of the following statements about British courts is true?

a. Judicial review is tightly regulated but fiercely protected.b. Courts are frequently called on by Parliament to settle

procedural issues.c. No court may strike down a law that Parliament passes.d. The British federalist system guarantees a minor role for the

judiciary. e. Common law ensures judges with active participants in the

policy making process.


2. The chief judicial weapon in the government's system of checks and balances is known as

a. judicial activism.b. judicial interpretivism.c. judicial review.d. judicial standing. e. judicial bypass.

Ans: APage: 439Type: Factual

3. There have only been ______ chief justices of the United States Supreme Court.

a. 15b. 20c. 30d. 50e. 60

Ans: EPage: 439Type: Factual

4. The current Chief Justice of the Supreme Court is

a. Anthony Kennedy.b. David Souter.c. Warren Burger.d. John Paul Stevens.e. William Rehnquist.

Ans: CPage: 439Type: Conceptual

5. Strict-constructionist judges differ from activist judges in that they are more likely to

a. support policies that address social and economic problems.b. apply rules that are clearly stated in the U.S. Constitution.c. believe in the application of judicial review to criminal matters.d. look for and apply the general principles underlying the U.S.

Constitution. e. entangle themselves in matters traditionally left to Congress

Copyright © Houghton Mifflin Company. All rights reserved.

355 Chapter 16: The Judiciary

and the Executive.

Ans: APage: 439Type: Conceptual

6. A judicial activist is a judge who holds

a. that courts should make as well as interpret law.b. a liberal ideology.c. that courts should make but not interpret law.d. a conservative ideology. e. that courts merely apply the law and enforce norms.


7. Which of the following is most likely to be true of an activist judge?

a. He or she is conservative politically.b. He or she is bound by the wording of the U.S. Constitution.c. He or she is liberal politically.d. He or she is an interpretivist. e. He or she feels constrained by precedent.

Ans: EPage: 439-440Type: Factual

8. Which of the following statements concerning the Founders and the courts is incorrect?

a. Most of the Founders probably expected the Supreme Court to have the power of judicial review.

b. The Founders did not mention judicial review in the Constitution.

c. The Founders did not expect federal courts to play a large role in federal policy making.

d. The Founders expected the courts would find law not make it. e. None of the above.

Ans: DPage: 441Type: Conceptual

9. Marbury v. Madison had both legal and political significance. Which of the following rulings was of political significance?

a. Congress may not add to the original jurisdiction of the Supreme Court.

b. The Supreme Court may declare void any laws repugnant to the U.S. Constitution.

c. Persons seeking writs of mandamus must go to a lower court.d. The Supreme Court will try to avoid direct confrontations with

other branches of government. e. Congress can expand or contract the appellate jurisdiction of

the Court.

Ans: DPage: 440Type: Factual

10. Between 1789 and the Civil War, the Supreme Court was primarily occupied with the issues of

a. states’ rights and slavery.b. trade relations and states’ rights.c. national supremacy and trade relations.d. slavery and national supremacy. e. commerce and civil liberties.


11. In McCulloch v. Maryland, the Supreme Court held that

a. states could tax a federal bank.b. state militia were subservient to the federal armed services.c. the federal government could pass any laws necessary and


Chapter 16: The Judiciary 356

proper to the attainment of constitutional ends.d. the federal government had the power to regulate commerce

that occurred among states. e. the judicial branch has the power to determine the legitimate

governing power in the states.

Ans: BPage: 440Type: Factual

12. In Federalist 78, Alexander Hamilton described the judiciary as

a. “the sword of the community.”b. “least dangerous” to political rights.c. “command[ing] the purse.”d. “encouraging factions.”e. “beyond reproach.”


13. What is the major issue (or set of issues) confronting the Supreme Court in America today?

a. The relationship between government and the economyb. Nationbuildingc. Personal liberty, social equality, and the potential conflict

between the twod. Establishing the supremacy of federal governmente. The constitutionality of the federal income tax


14. Marbury v. Madison had its origins in the aborted commission of ________ and three others.

a. William Marburyb. John Marshallc. Thomas Jeffersond. James Madisone. John Adams


15. The commission at issue in Marbury was the result of an attempt by _________ to pack the judiciary with loyal supporters.

a. William Marburyb. John Marshallc. Thomas Jeffersond. James Madisone. John Adams




16. The commission at issue in Marbury was supposed to be delivered by the secretary of state,

a. William Marbury.b. John Marshall.c. Thomas Jefferson.d. James Madison.e. John Adams.


17. The chief justice of the Supreme Court who wrote the opinion in the Marbury case was

a. William Marbury.b. John Marshall.c. Thomas Jefferson.d. James Madison.e. John Adams.


18. The amazing result of the Marbury decision was that

a. Madison was given his commission. b. the Court ordered Jefferson to fire Madison. c. the secretary of state was replaced by John Marshall.d. Adams was held responsible for the firing of Madison. e. the Court decided it had no power to decide the case.


19. The principle that the Supreme Court used in overturning Fulton’s monopoly on a New York steamboat operation was that

a. a monopoly is a restraint on trade.b. patents cannot be issued on recent technology.c. state law cannot prevail over federal law.d. interstate commerce cannot be regulated. e. the indirect effects of commerce are beyond the scope of

government regulation.


20. The reaction of early presidents to Supreme Court rulings such as Marbury v. Madison and McCulloch v. Maryland can best be described as

a. highly negative.b. relatively mild but negative.c. relatively mild but positive.d. highly positive. e. accepting, and later supportive.


21. The Dred Scott case involved

a. the right of the national government to charter a bank.b. the doctrine of separate but equal.c. admission of new states to the union.d. a slave owner’s property rights to an escaped slave. e. the suspension of habeas corpus.




22. Which of the following statements concerning the exercise of judicial review over federal statutes is most accurate?

a. It has been exercised fairly steadily since 1789.b. It was exercised with great frequency at first, then used very

rarely. c. It has steadily increased since 1789.d. It has steadily decreased since 1789. e. It was very rarely used at first, and has been used with some

frequency since.


23. From the Civil War to the 1930s, the Supreme Court was primarily occupied with

a. the civil rights of former slaves.b. economic regulation by government.c. the rights of the criminally accused.d. the balance of powers between states and the federal

government. e. First Amendment freedoms.


24. A crucial decision involving the protection of private property interpreted the Fourteenth Amendment’s reference to “person” to mean

a. whites only.b. adults.c. labor unions.d. business firms. e. males.


25. Until the 1930s, the Supreme Court interpreted the Fourteenth and Fifteenth Amendments to

a. view civil rights very narrowly.b. view civil rights very broadly.c. expand the notion of interstate commerce.d. contract the notion of interstate commerce. e. distinguish precedents in a manner that favored minorities.


26. In the period following the Civil War, the Fourteenth Amendment was consistently interpreted by the Supreme Court to protect

a. interstate commerce.b. state regulations.c. states’ rights.d. the government's right to tax. e. a and d.


27. Between 1887 and 1910, the Supreme Court upheld state regulation of business opportunity approximately ________ of the time?

a. 10 percentb. 30 percentc. 50 percentd. 60 percent



e. 80 percent


28. The period in Supreme Court history from 1936 to the present has been marked by a concern for

a. the regulation of commerce.b. states’ rights.c. personal liberties.d. private property. e. corporate fraud.


29. After 1936, the Supreme Court stopped imposing regulations on the power of the government to regulate the economy. In its previous rulings in this area, the Court found itself

a. favoring the cause of labor against business.b. making detailed judgments that it was not always competent to

make.c. allowing state legislatures too much control over the national

economy.d. limiting the protection of private property to enable business to

expand. e. considerably divided but just about always supportive of

federal interests.


30. Court-packing refers to the practice of

a. taking away the Supreme Court’s appellate jurisdiction.b. appointing only justices who agree with the president’s

political philosophy.c. appointing only justices who agree with Congress’s political

philosophy.d. appointing only justices who can be categorized as strict

constructionists. e. ignoring decisions in which a majority of justices cannot agree

on a single opinion.


31. Franklin Roosevelt’s court-packing plan would have allowed him to name a new justice

a. for every sitting justice older than age seventy.b. once a year, irrespective of retirements.c. every time the court struck down one of his laws.d. to replace any sitting justice older than age seventy. e. each time a justice removed himself/herself from a case.


32. The Supreme Court’s acceptance of New Deal principles probably avoided

a. a conflict between the president and Congress.b. the election of a Republican president in 1936.c. an assault on the Supreme Court by the other branches.d. the early demise of the New Deal. e. the creation of an even higher appellate court.




33. There are 94 ___________ in the federal judiciary.

a. constitutional courtsb. district courtsc. courts of appeald. legislative courtse. supreme courts


34. There are 12 ___________ in the federal judiciary.

a. constitutional courtsb. district courtsc. courts of appeald. legislative courtse. supreme courts


35. ___________ are established in the federal judiciary for some special purpose and are staffed by people who have fixed terms of office and can have their salaries reduced.

a. Constitutional courtsb. District courtsc. Courts of appeald. Legislative courtse. Supreme courts


36. The Court of Military Appeals is an example of a

a. constitutional court.b. district court.c. court of appeal.d. legislative court.e. supreme court.


37. Which court(s) are mandated by the U.S. Constitution?

a. The Supreme Court onlyb. The Supreme and appellate courtsc. The Supreme, appellate, and district courtsd. Both constitutional and legislative courtse. Legislative courts


38. What does the U.S. Constitution have to say about the size of the Supreme Court?

a. It specifically sets the number of justices at six, later amended to nine.

b. It specifically sets the number of justices at nine.c. It suggests but does not mandate a Court of nine justices.d. It does not indicate how large the Court should be. e. It specifically places the matter in the hands of the House of

Representatives.


39. Which of the following courts exercises the judicial powers found in Article III of the Constitution?

a. Legislative courtsb. Courts of appeals



c. District courtsd. Constitutional courtse. Intermediate appellate courts


40. One basic difference between a constitutional court and a legislative court is that

a. constitutional court judges handle cases that need not be decided by the Supreme Court.

b. constitutional court judges cannot be fired.c. legislative court judges handle cases that need not be decided

by the Supreme Court.d. legislative court judges cannot be fired. e. legislative court judges are not confirmed by the Senate.


41. The behavior of Justices Holmes, Burger, and Blackmun suggests that

a. presidents can sometimes be mistaken in their prediction about the actions of their judicial appointees.

b. the Supreme Court follows the election returns.c. the president clearly controls the Supreme Court through his

appointments.d. dissenters on the Supreme Court have more influence than the

majority. e. Presidents are rarely concerned about “court-packing” today.


42. Senatorial courtesy is an especially important consideration in nominations to

a. legislative courts.b. courts of appeals.c. district courts.d. constitutional courts.e. intermediate appellate courts.


43. Which of the following statements about the selection of federal judges is correct?

a. The principle of senatorial courtesy applies to the selection of judges in the legislative courts.

b. Presidents generally appoint judges whose political views reflect their own.

c. Nominees for district court judge often face tough confirmation battles in the Senate.

d. The application of political litmus tests to Supreme Court nominees was established with the nomination of David Souter.

e. Supreme Court nominations have only recently become controversial.


44. It has been suggested that senators actually appoint district judges, and presidents confirm them, through the practice of

a. senatorial courtesy.b. advice and consent.c. legislative vetoes.d. requiring a two-thirds majority for confirmation.



e. requiring a three-fourths majority for confirmation.


45. The president who appointed the largest percentage of Hispanics to the federal courts was

a. Gerald Ford.b. Jimmy Carter.c. Ronald Reagan.d. George W. Bush. e. Dwight Eisenhower.


46. Typically, those who complain about the litmus testing of judicial candidates are

a. in power.b. out of power.c. liberal.d. conservative. e. centrist.


47. The litmus test is perhaps of greatest importance in nominations to

a. constitutional courts.b. district courts.c. courts of appeal.d. legislative courts.e. the Supreme Court.


48. In this century, the number of Supreme Court nominees rejected by the Senate is

a. zero.b. fewer than ten.c. between ten and twenty.d. more than twenty. e. more than thirty.


49. The dual-court system of the United States refers to

a. trial and appellate courts.b. criminal and civil courts.c. statutory and common law courts.d. federal and state courts. e. legislative and constitutional courts.


50. A diversity case is one involving

a. the jurisdiction of more than one appellate court.b. the jurisdiction of more than one district court.c. citizens of different states.d. a writ of certiorari. e. a writ of mandamus.


51. Citizen X is suing his neighbor Y for ramming his $7,000 car. This case could be heard in

a. a federal court.



b. either a federal or state court.c. a state court.d. an appellate court. e. an intermediate appellate court.

Ans: APage: 449-450Type: Factual

52. The litigation involving four police officers accused of beating Rodney King illustrates the fact that

a. some defendants are tried in both state and federal courts. b. some cases can only be tried in state courts. c. civil rights cases can only be tried in federal courts. d. one level of government can block the prosecutions of another. e. cases cannot be appealed across the state and federal judiciary.


53. California is suing Arizona over the use of the Colorado River. The case will be heard by

a. a federal court.b. the Supreme Court of California.c. the Supreme Court of Arizona.d. the U.S. Supreme Court. e. the Court of International Trade.


54. The majority of cases heard by federal courts begin in

a. district courts.b. state courts.c. municipal courts.d. appellate courts. e. circuit courts.


55. What is the relationship between an appeal and certiorari?

a. Judges must hear all appeals but only some certiorari.b. A case granted certiorari may be heard in either state or federal

court.c. Appeals are paid for by plaintiffs, certiorari by defendants.d. Only some appeals are granted certiorari. e. Appeals are directed to appellate courts whereas a writ of

certiorari is sought from a trial court.




56. Certiorari is a Latin word meaning, roughly

a. “beyond all uncertainties.”b. “certified.”c. “to be heard.”d. “rule of four.”e. “made more certain.”

Ans: BPage: 450Type: Conceptual

57. If it wanted to make its caseload significantly more manageable, the Supreme Court could probably do so most easily by

a. requiring fewer votes for certiorari.b. requiring more votes for certiorari.c. eliminating its appeals docket.d. broadening its appeals docket. e. eliminating its original jurisdiction.


58. Which of the following significantly increases the odds that the Supreme Court will review a case?

a. Two or more federal courts of appeals have decided the same issue in different ways.

b. The highest court in a state has held a federal law in violation of the Constitution.

c. The highest court in a state has held a state law in violation of the Constitution.

d. The highest court in a state has upheld a state law against a claim that it is in violation of the Constitution.

e. All of the above.


59. In a typical year, the Supreme Court may consider over ______ petitions asking it to review decisions of lower or state courts.

a. 1,000b. 2,000c. 5,000d. 7,000e. 30,000


60. In a typical year, the Supreme Court rarely gives full review to more than about __________________ of the petitions which request review of the decisions of lower or state courts.

a. 10b. 100c. 1,000d. 3,000e. 10,000


61. One unintended consequence of the Supreme Court’s heavy caseload is an increase in the influence wielded by

a. the Chief Justice.b. Associate Justices.c. the Attorney General.d. the Deputy Attorney General.e. law clerks.




62. Which of the following observations about the Supreme Court’s law clerks is incorrect?

a. They play a big role in deciding which cases are granted certiorary.

b. They are recent law school graduates.c. They are confirmed by the Senate.d. Some of the opinions written by the Justices are drafted by the

clerks.e. None of the above.


63. Clarence Gideon managed to have his case heard before the Supreme Court by

a. filing a mandatory appeal.b. claiming diversity of citizenship.c. seeking expert legal assistance.d. filing as a pauper. e. appealing to the Court in a personal letter.


64. An organization that has been influential in getting First Amendment cases appealed to the Supreme Court is the

a. NRA.b. National Taxpayers' Union.c. AFL-CIO.d. ACLU. e. NWO.


65. Indigent A, Middle-Class B, and Rich C are contemplating taking a case to the U.S. Supreme Court. Which one is most likely to be discouraged by the costs involved?

a. Indigent Ab. Middle-Class Bc. Rich Cd. a and b. e. All three would be affected equally.

Ans: APage: 451-452Type: Factual

66. Two common ways for a plaintiff to lower the costs of an appeal are by filing and being heard as a pauper (in forma pauperis) and by

a. finding an interest group to support the case.b. filing a writ of certiorari.c. asking the courts to rule in absentia.d. suing under the principle of sovereign immunity. e. applying for a writ of mandamus.


67. Fee shifting refers to the practice of

a. dividing attorneys’ fees among all participants in a class-action suit.

b. reducing fees if the votes of appellate court judges are divided.c. getting the government to pay the fees of all parties.d. having attorneys adjust their fees according to their experience

and the damages awarded. e. getting the loser to pay court costs.




68. When a citizen sues and wins a suit against a government official for withholding a benefit to which a citizen is entitled, such a suit is called a

a. First Amendment suit.b. civil rights suit.c. common law suit.d. Section 1983 suit. e. civil liberties suit.


69. Taxpayer X believes that the federal Endangered Species Act is unconstitutional. What will he have to show before his case can be heard on its merits?

a. That he has exhausted all other means to settle his grievance.b. That more than $10,000 is involved.c. That he has suffered personal harm as a result of enforcement

of the act.d. That Congress will not change the law.e. That the legislative branch is incapable of addressing the issue

in a competent manner.


70. Under the doctrine of sovereign immunity, a citizen cannot

a. sue the government without its consent.b. bring two suits against one individual for the same crime.c. bring the same suit to courts in two different states.d. appeal a case that has already been ruled on by the Supreme

Court. e. appeal a case that was decided more than one year earlier.


71. The president’s helicopter lands in your rose garden and causes thousands of dollars’ worth of damage to your prize roses. Can you sue the government for damages?

a. Yes, without qualification.b. Yes, but only if the government gives its consent under the

sovereign immunity doctrine.c. No, because the government can be sued only when personal

injury is involved.d. No, because the sovereign immunity doctrine protects the

government from lawsuits. e. No, unless a neutral magistrate determines the act was

intentional.


72. Brown v. Board of Education is an example of a

a. taxpayer suit.b. class-action suit.c. Section 1983 suit.d. reapportionment suit. e. client participatory suit.


73. The major reasons class-action suits became more common in recent years was that

a. they became financially attractive to lawyers.



b. laws changed to deregulate such suits.c. the requirements for bringing such suits to court were easy to

satisfy.d. attorneys’ fees could be shared among all plaintiffs. e. bar associations have insisted that lawyers participate in them.


74. Among the current members of the U.S. Supreme Court there is (are) ________ women

a. nob. 2c. 3d. 4e. 5


75. The most common background or professional experience among members of the current Supreme Court is experience as

a. attorney general.b. state judge.c. prosecutor.d. defense attorney.e. federal judge.


76. Almost all of the justices on the current Supreme Court came to the court with previous experience as a

a. judge.b. prosecutor.c. defense attorney.d. attorney general.e. corporate lawyer.


77. Republican presidents Nixon, Ford, Reagan and Bush appointed _____ of the current members of the Supreme Court.

a. 9b. 7c. 5d. 3e. 2


78. The current Chief Justice of the U.S. Supreme Court is

a. John Paul Stevens.b. David Souter.c. Anthony Kennedy.d. Clarence Thomas.e. William Rehnquist.


79. The youngest justice on the U.S. Supreme Court is

a. John Paul Stevens.b. David Souter.c. Anthony Kennedy.d. Clarence Thomas.e. William Rehnquist.

Ans: C 80. Beginning in 1974, the Supreme Court reacted to the implications of



Page: 454Type: Factual

class-action suits by greatly

a. expanding settlement awards.b. reducing settlement awards.c. tightening the rules governing class-action suits.d. easing the rules governing class-action suits. e. expanding the scope of such suits in the field of commercial

activity.


81. The text argues that getting into court depends most strongly on having

a. a just cause and standing.b. standing and resources.c. resources and an opponent.d. an opponent and a just cause. e. a litigious action and connections in the judiciary.


82. In most cases presented to the Supreme Court, the bulk of the argumentation presented by either side will be found in the

a. brief.b. certiorari petition.c. oral argument.d. per curiam decision. e. complaint.


83. The function of the U.S. solicitor general is to

a. approve every case the federal government presents to the Supreme Court.

b. enforce the decisions of the Supreme Court.c. serve as the principal legal adviser, or counsel, to members of

the Supreme Court.d. maintain order in the Supreme Court’s courtroom. e. direct participants in oral argument before the court.


84. An interest group such as the ACLU or the NAACP is most likely to attempt to influence the Supreme Court by

a. appealing a decision directly to the president.b. consulting in the nomination process of a new Supreme Court

justice.c. writing an amicus curiae brief.d. raising a political question with the solicitor general. e. lobbying the American Bar Association.

Ans: EPage: 455Type: Conceptual

85. Sources of influence on Supreme Court justices include all of the following except

a. the ACLU.b. amicus curiae.c. law reviews.d. NAACP. e. legal aid societies.

Ans: C 86. A chief justice is able to exercise his influence most effectively by



Page: 455Type: Factual

a. setting the agenda.b. guiding the voting.c. guiding the debate.d. enforcing the decision. e. directing oral argument.


87. What happens if a vote by the Supreme Court ends in a tie?

a. The chief justice breaks the tie.b. A majority of both houses of Congress decides the case.c. The lower court decision is left standing.d. A vote cannot end in a tie because all nine justices must

participate in every vote. e. The U.S. Attorney General casts the deciding vote.


88. Among the types of written opinions issued by the Supreme Court are all of the following except

a. majority.b. per curiam.c. concurring.d. dissenting. e. mandatory.

Ans: BPage: 455-456Type: Conceptual

89. Justice Ruth Bader Ginsburg, for example, votes on the side of a majority of Supreme Court justices on a particular case even though her reasoning differs from the others. She may choose to express her reasons in a(n)

a. dissenting opinion.b. concurring opinion.c. opinion of the Court.d. per curiam opinion. e. plurality opinion.


90. Typically, about ________ percent of U.S. Supreme Court opinions are unanimous.

a. one-halfb. three-fourthsc. one-thirdd. one-tenthe. two-fifths


91. The number of federal laws that have actually been overturned by the Supreme Court is

a. fewer than 20.b. approximately 50.c. between 75 and 100.d. well in excess of 100. e. over 3,000.


92. Supreme Court rather than congressional interpretation of acts of Congress can result from

a. constitutional interpretation.



b. interpretation of federal laws.c. reversals of past precedents.d. the imposition of strict constructionism. e. conservative principles of the justices.


93. One measure of the policy-making role of the Supreme Court is the frequency with which it

a. supports the president.b. supports Congress.c. departs from stare decisis.d. challenges interest groups. e. upholds precedent.


94. An important reason federal courts follow precedent is that

a. lower court judges have less expertise than members of the Supreme Court.

b. the Fourteenth Amendment requires following precedent to avoid conflict with state courts.

c. the practice of stare decisis makes judicial decision making chaotic.

d. appellate courts are less likely to agree among themselves if the standards of decision making are too rigid.

e. equal justice requires similar cases to be decided the same way.


95. Each of the following is a measure of the power of the federal courts except

a. the reluctance of these courts to deal with political questions.b. the number of state laws they declare unconstitutional.c. the number of federal laws they declare unconstitutional.d. the number of prior cases they overturn. e. the kinds of remedies they impose to correct situations.


96. The willingness of the Supreme Court to deal with congressional redistricting is an example of judicial

a. power.b. fairness.c. partisanship.d. reaction. e. objectivity.


97. When a federal judge orders the reorganization of a state prison system in a case brought by a single convict, the judge is issuing a

a. partisan decision.b. stare decisis.c. writ of certiorari.d. policy-making remedy. e. concurring opinon.


98. Justices who believe the Supreme Court should change the direction of legislative policy are advocating

a. social Darwinism.



b. natural law.c. strict constructionism.d. judicial restraint. e. judicial activism.


99. The argument that courts are the last resort for the powerless is most likely to be used by those favoring

a. judicial activism.b. strict constructionism.c. interpretivism.d. conservative causes. e. natural jurisprudence.


100. The argument that justices usually lack expertise in many aspects of society today is most likely to be used by those favoring

a. judicial activism.b. strict constructionism.c. liberal causes.d. conservative causes. e. legal realists.


101. Cases that come before the courts usually originate from

a. ambitious lawyers.b. contending interests.c. conflicting laws.d. free speech violations. e. incompetent trial court judges.


102. The fastest growing portion of the federal courts’ civil work load involves

a. economic regulation.b. environmental protection.c. states’ rights.d. civil rights. e. libel.


103. Federal courts are frequently provided with opportunities to design remedies, in part, because Congress

a. issues mandates to courts that encourage judicial activism.b. nominates federal judges.c. confirms judges without the advice of bar associations.d. strips agencies of their regulatory powers. e. writes laws that require interpretation through litigation.


104. A study of appellate court reviews of decisions made by regulatory agencies found that the agencies’ position was supported by the courts

a. in almost every case.b. approximately two-thirds as often as it was reversed.c. approximately as often as it was reversed.d. in a distinct minority of the cases.



e. rarely, if ever.


105. The ways in which the Supreme Court has interpreted ambiguities in the law can best be explained by

a. the justice’s commitment to fairness and objectivity.b. pressure-group activity.c. changing the views of the legislators.d. changes in legal education. e. the personal political beliefs of judges.


106. The fact that prayer continues in some public schools, even though the Supreme Court has declared it unconstitutional, is an example of

a. the slowness of the appeals process.b. ambiguity in the Court’s decisions.c. lack of effective enforcement by the Court.d. the power of state governments to countermand judicial

rulings. e. the complexity of the rules relating to federal and state courts.


107. One restraint under which the federal courts operate is that

a. public opinion and election politics can undermine their efforts.b. their decisions can sometimes be ignored.c. the president can always fire a federal judge.d. Congress can always impeach a federal judge for backing an

unpopular position. e. Congress can reduce the salary of federal judges.

Ans: CPage: 460-461Type: Factual

108. The 1952 steel mill seizure case is an example of the

a. limits of judicial power.b. U.S. commitment to the electoral process.c. ability of the Supreme Court to check the president.d. conflicting roles of the judicial and legislative branches of

government. e. lack of consistency in the legislative process.


109. Which of the following statements about impeachment proceedings against federal judges is true?

a. They are effective restraints on the judiciary.b. They are quite frequent.c. They are usually brought by judicial activists.d. They are ineffective restraints on the judiciary. e. They have never actually resulted in the removal of a judge.


110. The Fourteenth Amendment overturned

a. Dred Scott v. Sandford.b. Marbury v. Madison.c. McCulloch v. Maryland.d. Brown v. Board of Education. e. Buck v. Bell.




111. One practicable way that Congress can get around an unfavorable Supreme Court ruling on a law is to

a. remove the judges who voted against the law.b. overturn the Supreme Court ruling.c. repass the law in slightly altered form.d. strip the Supreme Court of its enforcement authority. e. contract the original jurisdiction of the Court.


112. Which of the following statements about the Dred Scott decision is correct?

a. It exceeded the formal authority of the Supreme Court.b. It infuriated public opinion and harmed the Supreme Court.c. It resulted from an inaccurate determination of facts.d. It was widely applauded throughout the nation. e. It was the primary cause of the War Between the States.


113. Congress has the power to decide the jurisdiction of lower federal courts. This means that

a. Congress can determine the number of judges that sit on each court.

b. Congress can decide which judges will hear which cases before these courts.

c. Congress can veto decisions of lower courts, unlike those of the Supreme Court.

d. lower courts cannot declare an act of Congress unconstitutional.

e. Congress can decide what types of cases these courts hear.


114. In the 1868 habeas corpus case involving a Mississippi newspaper editor named McCardle, Congress sought to thwart the Supreme Court by

a. threatening to impeach the justices.b. withdrawing part of the Court’s appellate jurisdiction.c. changing the original jurisdiction of the Court.d. changing the size of the Court. e. removing the Court from its building.


115. The Supreme Court is protected to a considerable extent from frontal attacks by president and Congress through

a. the logic of its decisions.b. the logic of its opinions.c. its own bureaucracy.d. its prestige in the nation. e. its carefully researched opinions.


116. Withdrawing some of the appellate jurisdiction of the Supreme Court would probably shift policy making to

a. lower federal courts and state courts.b. Congress.c. the president.d. state prosecutors.



e. state governors.


117. When Supreme Court justices read law review articles commenting on their opinions, they are acknowledging

a. public opinion.b. the respect given to their own opinions.c. a judicial mandate.d. errors in public opinion. e. elite opinion.


118. Historically, the Supreme Court has been especially activist when

a. Congress was in transition from control by one party to control by the other.

b. the political system was undergoing considerable change.c. the president was weak and indecisive.d. Congress was weak and the president was strong. e. the states were without power.


119. Public confidence in the Supreme Court since 1976 has

a. remained unchanged.b. seesawed dramatically.c. increased steadily.d. decreased steadily. e. decreased steadily except in election years.


120. Public confidence in the Supreme Court at any given time is most closely related to

a. the appointment of a new justice to the Court.b. decisions that reflect either a clearly liberal or a clearly

conservative outlook.c. the popularity of government as a whole.d. the performance of the economy, especially with regard to

inflation. e. the perception of division on the Court.


121. Attempts by Presidents Nixon, Reagan, and Bush to produce a less activist court have been

a. totally unsuccessful.b. mostly unsuccessful.c. somewhat successful.d. very successful. e. difficult, if not impossible, to assess.


122. If the size and scope of government were reduced, we could expect

a. more judicial activism.b. less judicial activism.c. less judicial restraint.d. a smaller Court. e. a larger Court.




123. One cause of today’s increased judicial activism is the fact that

a. more judges are willing to stretch the U.S. Constitution to achieve certain ends.

b. political parties are stronger today than they were fifty years ago.

c. interest groups employ more lawyers today.d. a majority of the Senate will simply not confirm anyone who is

not an activist. e. more judges believe they should be activists.

TRUE/FALSE QUESTIONS

Ans: FalsePage: 438

124. T F Judges play little or no role in the policy-making process in the United States.

Ans: TruePage: 438

125. T F Clarence Thomas was confirmed by the closest Senate vote in over a century.

Ans: TruePage: 438

126. T F The Senate used the filibuster to block the lower federal court nominations of George Bush.

Ans: FalsePage: 438

127. T F Since 1789, the Supreme Court has exercised judicial review over federal legislation more than 300 times.

Ans: FalsePage: 438

128. T F Great Britain has a strong tradition of judicial review.

Ans: FalsePage: 439

129. T F In reality, judicial review runs counter to the tradition of checks and balances in this country.

Ans: FalsePage: 439

130. T F A strict constructionist would apply a moral or economic philosophy to constitutional principles when deciding a case.

Ans: TruePage: 439

131. T F A judge can be both an activist and a conservative.

Ans: TruePage: 439

132. T F Fifty years ago, judicial activists tended to be conservative.



Ans: TruePage: 439-440

133. T F The Founders would be surprised that the judiciary has played such a strong role in public-policy formation.


134. T F The Founders expected judicial review to deal with narrowly defined matters and not broad policy.


135. T F Marbury v. Madison helped establish the powers of the early Supreme Court.

Ans: TruePage: 441

136. T F It was a matter of doubt for several generations after 1789 whether federal law or state law would prevail under the U.S. Constitution.

Ans: FalsePage: 442

137. T F An early decision by the Supreme Court established the power of states to regulate commerce that occurs among them.

Ans: TruePage: 440

138. T F By today’s standards of judicial ethics, John Marshall would probably not have participated in the Court’s decisions in Marbury v. Madison.

Ans: TruePage: 442

139. T F A direct cause of the Civil War was the Supreme Court ruling in Dred Scott v. Sandford.

Ans: TruePage: 443

140. T F The dominant issue in the federal courts in the period following the Civil War was whether the economy could be regulated by state and federal governments.

Ans: FalsePage: 443

141. T F In the period between the Civil War and the New Deal, the Supreme Court almost never allowed restrictions on business.

Ans: TruePage: 443

142. T F Judicial activism was born in the 1880s and 1890s.

Ans: TruePage: 443

143. T F In the first 75 years of this country’s history, the Supreme Court held only 2 federal laws unconstitutional.

Ans: TruePage: 443

144. T F During the period from 1936 to the present, the Supreme Court established the tradition of the courts' deferring to the legislature on economic issues.

Ans: TruePage: 444

145. T F If Franklin Roosevelt’s court-packing plan had been activated, the Supreme Court may have had as many as fifteen members.



Ans: TruePage: 444

146. T F Eventually, Roosevelt made seven appointments to the Supreme Court.

Ans: FalsePage: 444

147. T F Roosevelt’s court-packing plan clearly influenced Justice Roberts to change his voting behavior.

Ans: FalsePage: 446

148. T F The Supreme Court and the U.S. Courts of Appeals are the only federal courts that the Constitution requires.

Ans: FalsePage: 446

149. T F The Constitution specifies the number of justices on the Supreme Court should be between six and nine.

Ans: TruePage: 446

150. T F There are 94 U.S. District Courts in the federal court system.

Ans: TruePage: 445

151. T F The history of the Supreme Court seems to support the view that the federal government can pass almost any law authorized by the U.S. Constitution.

Ans: TruePage: 445

152. T F Some recent Supreme Court cases suggest that the Court has not abandoned the idea that states have some constitutional power to resist federal authority.

Ans: TruePage: 446

153. T F One characteristic of constitutional courts as opposed to legislative courts is that judges cannot be fired.

Ans: TruePage: 447

154. T F Oliver Wendell Holmes and Warren Burger are examples of Supreme Court justices whose decisions surprised the presidents who appointed them.

Ans: FalsePage: 447

155. T F Warren Burger is an example of a justice whose decisions met the expectations of the president who nominated him.

Ans: TruePage: 447

156. T F The tradition of senatorial courtesy gives heavy weight to the preferences of the senators from the state where a federal district judge is to serve.

Ans: TruePage: 447

157. T F Senators wield great influence over the appointment of lower federal judges.

Ans: FalsePage: 448

158. T F Supreme Court nominees have been rejected as often as they have been confirmed in the twentieth century.

Ans: TruePage: 448

159. T F A political litmus test has its greatest impact on nominees to the Supreme Court.



Ans: FalsePage: 447

160. T F A majority of Clinton’s judicial appointments were female.

Ans: FalsePage: 448

161. T F By a dual-court system, we mean one that has both constitutional and legislative courts.

Ans: FalsePage: 448

162. T F The U.S. Constitution does not specifically spell out the jurisdiction of the federal courts.

Ans: TruePage: 449

163. T F Some cases can be tried in either federal or state courts.

Ans: TruePage: 448

164. T F Almost thirty presidential nominations to the Supreme Court have failed.

Ans: FalsePage: 448

165. T F Nominations to U.S. District Courts are much more likely to fail than nominations to the Supreme Court.

Ans: TruePage: 449

166. T F Sometimes defendants may be tried in both state and federal courts for the same offense.

Ans: FalsePage: 450

167. T F Most cases heard by federal courts begin in appellate courts.

Ans: FalsePage: 450

168. T F Those who lose cases before federal regulatory commissions can always appeal to the Supreme Court.

Ans: FalsePage: 450

169. T F Approval of a petition for certiorari requires a majority of the justices.

Ans: TruePage: 450

170. T F Relatively few cases that are appealed are granted certiorari.

Ans: FalsePage: 450

171. T F The Gideon case opened the door for a flood of Supreme Court cases whose costs were paid by interest groups.

Ans: FalsePage: 451

172. T F The Supreme Court reviews only 10 to 12 percent of appeals court cases.

Ans: TruePage: 451

173. T F One consequence of the Supreme Court’s heavy workload is the increase in influence wielded by law clerks.

Ans: FalsePage: 451

174. T F An application for certiorari costs about $3,000.



Ans: TruePage: 452

175. T F When a corporation is found guilty of violating antitrust laws, it must pay the legal fees of the winner. This is called fee shifting.

Ans: TruePage: 452

176. T F Standing is a legal concept that determines who is entitled to bring a case.

Ans: TruePage: 452

177. T F Personal harm must be demonstrated before standing is granted.

Ans: TruePage: 453

178. T F The Brown desegregation suit in 1954 benefited a broad category of people not formally involved in the case.

Ans: FalsePage: 453

179. T F Both the NAACP and Linda Brown benefited financially from the Supreme Court's ruling in Brown v. Board of Education.

Ans: FalsePage: 454

180. T F After 1974, the rules pertaining to class-action suits were loosened to allow more cases to be brought to court.

Ans: FalsePage: 454

181. T F It is usually difficult to bring a class-action suit in most state courts.

Ans: TruePage: 454

182. T F Most of the justices currently on the Supreme Court came to the Court with previous judicial experience in the federal court system.

Ans: TruePage: 454

183. T F Seven of the nine justices on the current Supreme Court were appointed by presidents who were Republican.

Ans: FalsePage: 455

184. T F Only rarely is the federal government named as a party to a case before the Supreme Court.

Ans: TruePage: 455

185. T F Per curiam decisions are typically brief and unsigned.

Ans: FalsePage: 455-456

186. T F The majority view in a Supreme Court decision is reflected in the concurring opinion.

Ans: TruePage: 457

187. T F On average, the Supreme Court has declared federal laws unconstitutional less than two times a year.

Ans: FalsePage: 457

188. T F Most of the federal laws declared unconstitutional by the Supreme Court since 1937 have had broad national significance.



Ans: FalsePage: 457

189. T F Stare decisis is a principle used in the overturning of earlier court decisions.

Ans: TruePage: 457

190. T F One obvious complication with the “principle of precedent” is that what constitutes a “similar” case is not always clear.

Ans: TruePage: 457

191. T F The Court is more likely to overturn its own precedents than it is to exercise judicial review of federal laws.

Ans: FalsePage: 457

192. T F The political question doctrine is an important barrier to judicial power today.

Ans: TruePage: 457

193. T F An important measure of judicial power is the kind of remedy or remedies it imposes to correct wrongs.

Ans: TruePage: 459

194. T F Perhaps the strongest argument for judicial activism is that the courts are needed to correct injustices when other branches of government refuse to do so.

Ans: FalsePage: 459

195. T F Probably the major reason why courts have become so activist is the large number of lawyers in this country.

Ans: TruePage: 460

196. T F Hearing more cases by itself does not necessarily lead the federal courts to sweeping judicial remedies.

Ans: TruePage: 460

197. T F Laws and the U.S. Constitution are filled with vague language, which calls for frequent interpretation by the courts.

Ans: TruePage: 460

198. T F According to the text, the personal opinions and attitudes of judges “powerfully affect” their decisions.

Ans: FalsePage: 460

199. T F The federal government is increasingly on the offensive in court cases.

Ans: TruePage: 460

200. T F Supreme Court decisions can sometimes be ignored without fear of prosecution.

Ans: TruePage: 461

201. T F Impeachment is too rarely used on federal judges to have much of an effect on their behavior.

Ans: TruePage: 461

202. T F The Supreme Court could declare unconstitutional any legislation that sought to forbid remedies that the Court might desire.



Ans: FalsePage: 461

203. T F Only the president has the right to change the number of judges sitting on the Supreme Court.

Ans: TruePage: 462

204. T F Courts outside the United States declare laws unconstitutional in different ways.

Ans: FalsePage: 461

205. T F Once a law has been ruled unconstitutional, Congress is powerless to do anything about it.


206. T F Congress can change the jurisdiction of federal courts.

Ans: FalsePage: 463

207. T F The federal courts have generally been most active during times of relative tranquility in the country.

Ans: FalsePage: 463

208. T F One argument for judicial activism is that public opinion favors it.

Ans: TruePage: 464

209. T F In general, the major features of court activism and liberalism during the Warren years have remained intact.

Ans: TruePage: 464

210. T F Judicial activism is widely accepted by many judges, liberal and conservative alike.

SHORT ANSWER QUESTIONS211. Explain the difference between the strict constructionist approach and the activist approach. Why are these

approaches of little use for predicting ideological trends in a judge’s decisions?

Answer

a. Strict-constructionist: applying rules stated clearly or implied by language of the Constitution

b. Activist approach: judges whodiscover general principles underlying Constitution and amplify those principles on the basis of some moral or economic philosophy

c. Neither approach is tied to ideology: a conservative judge can be a strict-constructionist or an activist

Page: 439

212. Sketch the history of the development of the federal judiciary, paying attention to the dominant issues handled by federal courts in three eras: from the founding to the Civil War; from the Civil War to the New Deal; from the New Deal to the present.

Answer

a. Founding to Civil War: establishment of national supremacy over the states; slavery

b. Civil War to New Deal: possibility and scope of government regulation of the economy; Fourteenth and Fifteenth Amendments

c. New Deal to present: economic regulation and political liberties

Pages: 441-445



213. Explain the differences between a constitutional court and a legislative court.

Answer

a. Constitutional court: judicial powers found in Article III; judges serve during good behavior and their salaries cannot be reduced

b. Legislative court: created by Congress for a special purpose; judges serve fixed terms and can be removed; judges’ salaries can be reduced

Page: 446

214. Explain the legal basis for the federal courts' jurisdiction over cases. Explain the different kinds of cases that can be heard by federal courts.

Answer

a. Legal basis: Article III, Eleventh Amendment

b. Types of cases: federal questions; diversity of citizenship cases can be tried in federal or state courts

Pages: 448-450

215. How has the Supreme Court affected access to the judiciary? Why has it done so?

Answer

a. Easier access: free attorney available in a criminal case for an indigent defendant; fee shifting; class-action suits

b. Access more difficult: standing (case or controversy, personal injury; taxpayer suits; individual notification)

c. Why: growth in backlog of cases; ideology of activism

Pages: 451-453

216. Discuss the concept of standing in terms of bringing a case to court.

Answer

a. Must be an actual controversy

b. Must be personally harmed by a law or practice

c. Being a taxpayer ordinarily not enough to challenge a government action

Page: 452

217. Describe the current sitting justices of the United States Supreme Court in terms of their background experiences and appointing presidents.

Answer

a. Most of the justices came to the Court with previous judicial experience, especially federal experience

b. The largest number of justices (4) were originally appointed by President Reagan

c. Seven of the justices were appointed by Republican presidents

Page: 454

218. Why is following precedent important?

Answer

a. To prevent judicial decisions from being unpredictable

b. Equal justice requires treating similar cases similarly

Page: 457



219. Discuss the arguments for and against the Supreme Court’s broad policy-making authority. Is this what the Founders intended?

Answer

a. Forms of policy making: selection of cases that will raise the opportunity for policy making, willingness to decide a case more broadly than needed to resolve the specific dispute, ordering remedies that affect more than the immediate litigants

b. Pro: other branches are allowing injustice to continue; Court is less susceptible to special interest groups

c. Con: policy in a representative democracy is assumed to be made by elected officials; judges lack expertise in day-to-day administration of remedies

d. Founders: no; Court was assumed to be the “least dangerous branch”

Page: 459

220. How is judicial activism both supported and criticized?

Answer

a. Supported: courts should correct injustices when other branches refuse to do so; courts defend those without influence

b. Criticized: judges do not have expertise; implementation requires balancing conflicting needs; judges are not elected

Page: 459

221. Discuss the ways in which Congress can seek to check the power of the federal courts, and comment on whether you think that these checks are desirable or undesirable.

Answer

a. Confirmation and impeachment proceedings

b. Altering number of judges

c. Amending legislation or the U.S. Constitution

d. Altering courts’ jurisdiction

Pages: 461-463

ESSAY QUESTIONS222. Identify the facts leading up to the classic case Marbury v. Madison and the political context. Explain the

Court’s decision as well.

Answer

a. John Adams lost the election and attempted to pack the judiciary with last minute appointments

b. Secretary of State, John Marshall, failed to deliver William Marbury’s commission and the incoming Secretary of State, James Madison, later refused to deliver it.

c. Marbury requested that the Supreme Court order Madison to deliver the commission.

d. Marshall became Chief Justice and there was a strong sense that he could not compel Madison to do anything.

e. Court’s decision asserted its power but avoided confrontation by asserting the power of judicial review and voiding the portion of the Judiciary Act of 1789 which allowed Marbury to make his application to the Court.

Pages: 440-441



223. While the Supreme Court is the most powerful authority in the judiciary, it hears relatively few cases. Discuss the limitations (legal, political, and self-imposed) on the ability of cases to reach the Supreme Court, explaining the purpose behind each restriction.

Answer

a. Restrictions imposed by federalism: the U.S. Constitution defines the types of cases over which federal courts have jurisdiction, with the rest handled by state courts.

b. Restrictions imposed by separation of powers: political question doctrine, sovereign immunity, and congressional control over appellate jurisdiction.

c. Restrictions imposed by case load: most cases are rejected, standing and class-action requirements have been narrowed, a vote of four justices is needed to hear certiorari appeals.

d. Restrictions imposed by public opinion: the Supreme Court will, at times, avoid cases to evade a negative public backlash.

e. Restrictions imposed by judicial tradition: courts are reluctant to take cases that may require a departure from precedent; judges accepting strict constructionism are less likely to assert judicial power.

Page: Ch. 16


MC16

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