Gov: The Judiciary
Terms in this set (136)
Which recent Supreme Court nominee became the object of a notable Senate rejection?
In recent years, ________ Supreme Court nominees have been treated more roughly by the U.S. Senate.
The reason that the Senate has increasingly paid attention to who becomes a federal judge is
the policymaking ability of courts.
A primary weapon in the government's system of checks and balances is known as
Seventy years ago, judicial activists tended to be
Today, judge activists tend to be
There have only been ______ chief justices of the United States Supreme Court.
The current chief justice of the Supreme Court is
In Federalist No. 78, Alexander Hamilton described the judiciary as
"least dangerous" to political rights.
Between 1789 and the Civil War, the Supreme Court was primarily occupied with the issues of
slavery and national supremacy
In McCulloch v. Maryland, the Supreme Court held that
the federal government could pass any laws necessary and proper to the attainment of constitutional ends
President ________ attacked the Supreme Court bitterly for its decisions.
Andrew Jackson selected Roger B. Taney for the Supreme Court because Taney
was an advocate of states rights
A crucial decision involving the protection of private property interpreted the Fourteenth Amendment's reference to "person" to also mean
The text suggests judicial activism was born in the
From the Civil War to the 1930s, the Supreme Court was primarily occupied with
economic regulation by government.
A key principle of the McCulloch decision was that the power granted by the Constitution to the federal government flows from
The principle that the Supreme Court used in overturning Fulton's monopoly on a New York steamboat operation was that
state law cannot prevail over federal law
Marbury v. Madison had both legal and political significance. Which of the following rulings was of political significance?
The Supreme Court will try to avoid direct confrontations with other branches of government
The commission at issue in Marbury was the result of an attempt by _________ to pack the judiciary with loyal supporters.
The commission at issue in Marbury was supposed to be delivered by the secretary of state,
The Supreme Court's opinion in the Marbury case was supported by a ________ vote.
The amazing result of the Marbury decision was that
the Court decided it had no power to decide the case.
In Ex Parte McCardle, the Supreme Court ruled that Congress had the power to
change the court's appellate jurisdiction
If the Court were designed by Franklin Roosevelt's reorganization plan, it could have as many as ____ members.
Franklin Roosevelt's court-packing plan would have allowed him to name a new justice
for every incumbent justice older than age seventy.
The Supreme Court's acceptance of New Deal principles probably avoided
an assault on the Supreme Court by the other branches.
The Supreme Court entered its most active period with the arrival of Chief Justice
What is the main criticism of Obamacare?
requires everyone to purchase health care
Which of the following are mandated by the U.S. Constitution?
The Supreme Court Only
Which of the following courts exercise the judicial powers found in Article III of the Constitution?
One basic difference between a constitutional court and a legislative court is that
constitutional court judges can NOT be fired
There are 94 ___________ in the federal judiciary.
there are 13___________in the federal judiciary
courts of appeal
___________ 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.
Senatorial courtesy is an especially important consideration in nominations to
It has been suggested that senators actually appoint district judges, and presidents confirm them, through the practice of
In recent years, the percentage of nominees to federal court who have been confirmed by the Senate
has decreased significantly
The authors suggest the chief motive for using the litmus test involves a judicial nominee's views on
The "gang of fourteen" vowed to work together to avoid
the filibuster of judicial nominees
In the twentieth century, the number of Supreme Court nominees rejected by the Senate was
less than 10
The dual-court system of the United States refers to
federal and state courts
A diversity case is one involving
citizens of different states
If citizens of different states wish to sue each other, their case can be heard in either a state or a federal court if it involves more than
Citizen X robs a state bank that is insured by the federal government. He can be prosecuted in
a federal or a state court, or both
Certiorari is a Latin word meaning
"made more certain"
In a typical year, the Supreme Court may consider over ______ petitions asking it to review decisions of lower or state courts.
In a typical year, the Supreme Court rarely gives full review to more than about __________________ of the petitions that request review of the decisions of lower or state courts.
What is the relationship between an appeal and certiorari?
Only some appeals are granted certiorari.
One unintended consequence of the Supreme Court's heavy caseload is an increase in the influence wielded by
Which of the following observations about the Supreme Court's law clerks is incorrect?
They are confirmed by the Senate
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
finding an interest group to support the case.
An organization that has been influential in getting First Amendment cases appealed to the Supreme Court is the
American Civil Liberties Union (ACLU).
Fee shifting is the practice of
getting the loser to pay court costs
When a citizen sues and wins a suit against a government official for withholding a benefit to which that citizen is entitled, such a suit is called a
Section 1983 suit
Courts do not issue _________ opinions.
Under the doctrine of sovereign immunity, a citizen cannot
sue the government without its consent
The Supreme Court ruled against a taxpayer who brought suit to force the CIA to
make it's budget public
Brown v. Board of Education is an example of a
The major reason class-action suits became more common after the 1960s was that
they became financially attractive to lawyers
Beginning in 1974, the Supreme Court reacted to the implications of class-action suits by greatly
tightening the rules governing class-action suits.
The youngest justice on the current U.S. Supreme Court is
How many women in the Supreme Court?
The most common background or professional experience among members of the current Supreme Court is experience as a
Republican presidents have appointed _____ of the current members of the Supreme Court.
The text argues that getting into court depends most strongly on having
standing and resources
The Supreme Court's term begins in the month of
The function of the U.S. solicitor general is to
approve every case the federal government presents to the Supreme Court
An interest group such as the ACLU or the NAACP is most likely to attempt to influence the Supreme Court by
writing an amicus curiae brief.
A chief justice is able to exercise his/her influence most effectively by
guiding the debate.
Which type of opinion is usually brief and unsigned?
As a result of two clear blocs of liberal and conservative justices, Justice ______ often casts a "swing vote" on the Supreme Court.
The number of federal laws that the Supreme Court has declared unconstitutional is
well in excess of one hundred.
One measure of the policymaking role of the Supreme Court is the frequency with which it
departs from stare decisis
An important reason that federal courts follow precedent is that
equal justice requires similar cases to be decided the same way.
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
The argument that courts are the last resort for the powerless is most likely to be used by those favoring
Cases that come before the courts usually originate from
The fastest-growing portion of the federal courts' civil workload involves
Federal courts are frequently provided with opportunities to design remedies, in part, because Congress
writes laws that require interpretation through litigation.
Each of the following is a measure of the power of the federal courts except
the reluctance of these courts to deal with political questions.
A study of appellate court reviews of decisions made by regulatory agencies found that the agencies' position was supported by the courts
approximately two-thirds as often as it was reversed.
One restraint under which the federal courts operate is that
their decisions can sometimes be ignored.
The 1952 steel mill seizure case is an example of the of the courts ability to
check a president
About ____ federal judges have been impeached in U.S. history.
The willingness of the Supreme Court to deal with congressional redistricting is an example of judicial
Congressional desire to influence the Supreme Court during and after the Civil War may have been evident in
changes in the size of the court
Which amendment was passed so a citizen could not sue a state in federal court?
Congress has the power to decide the jurisdiction of lower federal courts. This means that
Congress can decide what types of cases these courts hear.
Which of the following statements about the Dred Scott decision is correct?
It infuriated public opinion and harmed the Supreme Court.
Historically, the Supreme Court has been especially activist when
the political system was undergoing considerable change
Public confidence in the Supreme Court since 1976 has
those who are relatively willing to invalidate acts of federal and state legislatures and executive branches
advocate of judicial restraint
those who are more reluctant to use their judicial power to invalidate
writ of mandamus
requires a government official to do something
ability to hear a case first
ability to hear a case second
most federal cases are heard at:
most court cases are heard at
the only cases heard in front of the Supreme court originally
between two states, cases dealing wit ambassadors or ministers, or cases where the US is a party against another country (very rare)
federal and state both have laws "dual rulers"
standing to sue
you have to be a participant in the case, must be personally injured
based on past court decisions
let the decision stand
court case that overturns precedent
Nixon v. US, executive privellige
Plessy v. Ferguson, separate but equal
Brown v. Board, overturns separate but equal, desegregation
Roe v. Wade, sets precedent on abortion
criteria for selecting federal judges
party affiliation, political ideology, race, gender, education, background, litmus test
politically charged questions
legislative check on judicial branch
confirm judges, change court system, impeach and convict, rewrite a law, suggest amendments, determine jurisdiction of lower courts
presidential checks on judicial branch
appointments, do not have to enforce the law (defense of marriage act) did not enforce it
public opinion checks on judicial branch
interest groups, refuse to hear controversial cases, public media, hear cases to overturn precedent, public does not accept an outcome, or ignores it
Congress and president should settle political questions
does this jive with the constitution?
interest groups write them, everything submitted must be read
what does chief justice do?
hes in charge of all federal courts
writ of cert
certiori, an application that explains reasons why your case should be heard
"made more certain"
how 98% of cases reach the supreme court
3 ways a case makes it to supreme court
writ of cert, orig. jurisdiction, certificate (the lower courts do not know how to rule)
president asks senior senator of state to nominate someone
position of the court pf certain case, ruling of the court
disagreeing with majority opinion
you agree with majority opinion for a different reason
establishes Supreme Court, your salary can not be lowered,
someone who has a very narrow view of the constitution (schilea) sometimes called intent
the courts should be involved in decisions and policymaking and overturning practice
court should NOT get involved
U.S. Solicitor General
lawyer for the United States
collection of articles written by university students and professors talking about different aspects of the law (helpful in deciding court cases)
McCulloch v. Maryland
state gov can not tax federal government, reaffirmed necessary and proper clause, created the national bank
Enforcement of court decisions
relies on executive branch and congress
written by Alexander Hamilton, says that judicial branch is the least dangerous branch
who makes up Supreme court
3 females, 5 conservatives, 4 liberals, one swing
can't sue the government without government consent
expanded judicial liberty and rights, rights of people expanded
conservative, many decisions got narrowed
group of people sue for the same reason under one name
chief justice, established judicial review in Marburry v. Madison, very influential
shift fees from individuals to the government
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