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Unit 7 test
Terms in this set (53)
2. In recent years, which type of Supreme Court nominees been treated more roughly by the U.S. Senate? (p. 439)
3. Why has the Senate increasingly paid attention to who becomes a federal judge? (p. 440)
The policy making ability of courts. Some senators can file a 'blue complaint' and block a judicial appointment and this can be a way of inducing the president to do something the senator wants.
4. How many chief justices have served on the Supreme Court? (p. 441)
5. Who is the current Chief Justice of the Supreme Court? (p. 441)
6. How does Alexander Hamilton describe the judiciary in Federalist No. 78? (p. 441)
It is the "least dangerous" branch to political rights. It doesn't command the purse (money) or the sword (war). The judiciary "has no influence over the sword or the purse" and," can take no active resolution whatsoever," and is therefore "by comparison is the weakest of the three departments of power"
7. Between 1788 and the Civil War, what issues has the Supreme Court been occupied with? (p.
Nation building, the legitimacy of the federal government, and slavery
8. What was the result of McCulloch v. Maryland? (pp. 441-442)
National law was ruled supreme over state law. (The federal government could pass any laws necessary and proper to the attainment of constitutional ends)
9. From the Civil War to the 1930s, what issues has the Supreme Court been occupied with? (p.
Deciding when the economy would be regulated by the states and when by the nation. Also state vs. federal government supremacy
10. What is the legal and political significance of Marbury v. Madison? (p. 443)
Established judicial review. They can also look at actions of executives and say whether or not they are constitutional. Madison refused to deliver judicial commissions because Adams packed the court with federalists after he was about to lose the election.
11. Who was the Chief Justice who wrote the opinion in the Marbury case? (p. 443)
Chief Justice John Marshall
12. What was FDR's "court-packing" plan? (p. 445)
He was planning on putting more judges that would approve his plans on the Supreme Court. He would have one new one for each judge over 70 that refused to retire. It went up to a total of 15 judges
13. Upon the arrival of which Chief Justice, did the Supreme Court enter into its most active period?
Chief Justice Earl Warren
14. Why did states argue that President Obama's health care plan violated the Constitution? (p.
They didn't agree with the idea that congress has the right to require citizens to purchase a product, because they have the right to regulate interstate commerce and levy taxes.
15. Which court(s) are mandated by the U.S. Constitution? (p. 446)
The Supreme Court as specified in article 3
16. What does the U.S. Constitution have to say about the size of the Supreme Court? (p. 446)
The constitution doesn't indicate how many justices should be on the Supreme Court
17. Identify recent Supreme Court rulings mentioned in the text, which suggest a revival of state
sovereignty. (p. 446)
Congress passed a bill that kept people from carrying a gun near a school but it didn't affect commerce so the law was invalid and left to the states. Also with Obamacare, it was states that argued against it. There were also Indian tribes that wanted to sue states in federal courts. There was the Brady gun control law also.
18. How many district courts are in the federal judiciary? How many courts of appeal? (p. 447)
94 district courts and 13 courts of appeal
19. Explain the difference between constitutional and legislative courts. (p. 447)
Legislative are not protected by article 3. Constitutional courts are created by the constitution. Salaries can't be reduced for members of constitutional courts. Constitutional courts that have justices served for life. Legislative courts are courts created by Congress for a specific purpose.
20. Explain what a "blue slip," as it relates to senatorial courtesy. (p. 448)
Blue paper where senators write their thoughts of the nominee. It comes from the executive branch. Hand a blue slip of paper to the head senator of that state. And tell them to put their thoughts of the nominee. They can show a veto power by writing something negative or just writing nothing. This is part of the process of senatorial courtesy.
21. Explain the process of selecting a federal judge. (p. 449)
They have to be nominated. The senate judiciary committee interviews candidate (litmus test). Then they go through the litmus test. Then they get sent to the senate for confirmation. And the senate votes of the candidate confirmation. And then they have to get 60 votes from the senate. Then they are a judge.
22. What is the dual-court system? (p. 450)
A federal court and state court with its own jurisdiction
23. If a citizen robs a state bank insured by the federal government, where can he/she be
prosecuted? (p. 450)
In state/federal courts or both
24. Where do the majority of cases heard by federal courts begin? (p. 451)
25. How many justices must agree to obtain a writ of cert? (p. 452)
26. In a typical year, approximately how many petitions will the Supreme Court receive to review
decisions made by the lower or state courts? (p. 452)
The Court may consider 7000 petitions, but it rarely accepts more the 100 for review
27. What is the relationship between an appeal and certiorari? (p. 452)
An appeal and certiorari are both part of the process of the Supreme Court hearing a smaller case. In order for the judges to hear the case, after the smaller court case is appealed, the judges have to issue a writ of certiorari. In most cases the appellate court has the most standing. ORDER: district court. If they dont like the ruling then they go to the court of appeals. If they still don't like, then they go to the Supreme Court
28. As a result of the increased caseload of the Supreme Court, what position in the judicial branch
has increased power/influence? (p. 452)
29. Identify two ways a plaintiff can lower the cost of an appeal. (p. 452
They can file and be heard as a pauper (the federal government pays for fees) for no funds. If it is a criminal case in the district courts, they can get a lawyer for free. If it isn't a criminal case but they can't afford a lawyer, there are interest groups that can help.
30. Identify an organization mentioned in the chapter that has been influential in getting First
Amendment cases appealed to the Supreme Court. (p. 453)
ACLU. (American Civil Liberties Union)
31. If one believes that a federal act is unconstitutional, before their case can be heard, what must
the plaintiff prove? (p. 453)
That they have standing which is a conflict of interest
32. Why have class-action suits become more common after 1960s? (p. 454)
Because of the opportunity for lawyers to win lots of money in their share of the case, plus the possibility of the loser paying the attorney's fees. (Fee shifting)
33. Among the current members of the US Supreme Court, how many of them are women? (p. 455)
3 are women. They are Sonia Sotomayor, Ruth Bader Ginsburg, and Elena Kagan.
34. What is the most common background/professional experience among the members of the
current Supreme Court? (p. 455)
The most common is being a federal judge
35. How many of the current members of the Supreme Court have been appointed by Republican
presidents? (p. 455)
5 members have been appointed by Republican presidents
36. According to the text, what two things are necessary for getting into court? (p. 455)
You need to have standing and have resources (money and legal representation)
37. In most cases presented to the Supreme Court, where will the bulk of the argumentation presented be found? (p. 455)
38. How long are oral arguments before the Supreme Court? (p. 456)
About half an hour
39. How is an interest group most likely to attempt to influence the Supreme Court? (p. 456)
They will likely use amicus curiae to influence the Supreme Court. This is a brief submitted by a "friend of the court" This is so that they can file more info about the topic to get the judges to vote one way (in their favor)
40. How is a chief justice able to exercise his/her influence most effectively? (p. 456)
When the justices get together every Friday, they discuss the cases they've heard in descending order starting with the Chief Justice ending with the newest Justice. Then, they argue them over and vote in reverse order. This gives everyone time to talk individually but also gives the Chief Justice time to guide and limit the debate. Most justices agree with the chief.
41. What happens if a vote by the Supreme Court results in a tie? (p. 456)
The decision of the lower court stands
42. Identify the types of written opinions issued by the Supreme Court. (p. 456)
Per curiam opinion- a brief, unsigned opinion (not official)
Opinion of the court- a signed opinion of a majority of the Supreme Court
Concurring opinion- a signed opinion in which one or more members agree with the majority view but for different reasons
Dissenting opinion- a signed opinion in which one or more justices disagree with the majority view
43. Approximately how many federal laws has the Supreme Court declared unconstitutional? (p. 457)
More than 158
44. How can the policymaking role of the Supreme Court be measured? (p. 457)
One measure is how many laws they have declared unconstitutional. Another is stare decisis, or allowing the previous court cases rulings to influence current court cases. The more the Supreme Court they listen to the cases, the more involved they want to be in that area
45. The fastest-growing portion of the federal court's civil workload involves what issue? (p. 459)
46. Why are the federal courts increasingly provided with opportunities to design remedies? (p.
The Laws aren't very clear so the judges can interpret them. This is so the judges can choose what they think it means.
47. Give an example of a restraint under which the federal courts operate? (p. 460)
They aren't immune to the public but they aren't elected. They don't have an army, so their decisions can be ignored sometimes. The threat of impeachment.
48. How many federal judges have been impeached? (p. 460)
49. Which amendment was passed so a citizen could not sue a state in federal court? (p. 461)
The 11 amendment
50. How can Congress get around an unfavorable Supreme Court ruling? (p. 461)
Amend constitution and influence jurisdiction (control and power) of courts and amend laws
51. Historically, when has the Supreme Court been especially activist? (p. 462)
Through profound and lasting changes-like realignment periods (where parties have a major switch)
52. Describe public confidence in the Supreme Court since 1976. (p. 462)
From 1976-1989 confidence in the Supreme Courts went up and down. Then it took a sharp dip, and then recovered from 1989-1991. It went up and down but finally rose in 1996.
53. If some of the appellate jurisdiction of the Supreme Court were withdrawn, policy making would
shift toward which area? (p. 461)
It would go back to the state and lower courts (district courts)
54. Describe the power that Congress has over the lower federal courts. (pp. 460-462)
They can clarify laws and jurisdiction. Congress and the president have the power to appoint and confirm judges and justices. Congress can also impeach judges, alter the organization of the federal court system, and amend the constitution. Congress can get around court ruling by passing a slightly different law than one that was previously declared unconstitutional. Also the president can ignore some rulings and the lower federal courts can't really do anything about it.
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