CHAPTER 16

The Judiciary
0MULTIPLE CHOICE QUESTIONS
Ans: C
Page: 438
Type: Factual
10. Which oI the Iollowing statements about British courts is true?
a0. Judicial review is tightly regulated but Iiercely protected.
b0. Courts are Irequently called on by Parliament to settle
procedural issues.
c0. No court may strike down a law that Parliament passes.
d0. The British Iederalist system guarantees a minor role Ior the
judiciary.
e0. Common law ensures judges with active participants in the
policy making process.
Ans: C
Page: 438
Type: Factual
20. The chieI judicial weapon in the government's system oI checks and
balances is known as
a0. judicial activism.
b0. judicial interpretivism.
c0. judicial review.
d0. judicial standing.
e0. judicial bypass.
Ans: A
Page: 439
Type: Factual
30. There have only been chieI justices oI the United States
Supreme Court.
a0. 15
b0. 20
c0. 30
d0. 50
e0. 60
Ans: E
Page: 439
Type: Factual
40. The current ChieI Justice oI the Supreme Court is
a0. Anthony Kennedy.
b0. David Souter.
c0. Warren Burger.
d0. John Paul Stevens.
e0. William Rehnquist.
Ans: C
Page: 439
Type: Conceptual
50. Strict-constructionist judges diIIer Irom activist judges in that they
are more likely to
a0. support policies that address social and economic problems.
b0. apply rules that are clearly stated in the U.S. Constitution.
c0. believe in the application oI judicial review to criminal matters.
d0. look Ior and apply the general principles underlying the U.S.
Constitution.
e0. entangle themselves in matters traditionally leIt to Congress
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99 Chapter 16: The ]udiciary
and the Executive.
Ans: A
Page: 439
Type: Conceptual
60. A judicial activist is a judge who holds
a0. that courts should make as well as interpret law.
b0. a liberal ideology.
c0. that courts should make but not interpret law.
d0. a conservative ideology.
e0. that courts merely apply the law and enIorce norms.
Ans: C
Page: 439
Type: Factual
70. Which oI the Iollowing is most likely to be true oI an activist judge?
a0. He or she is conservative politically.
b0. He or she is bound by the wording oI the U.S. Constitution.
c0. He or she is liberal politically.
d0. He or she is an interpretivist.
e0. He or she Ieels constrained by precedent.
Ans: E
Page: 439-440
Type: Factual
80. Which oI the Iollowing statements concerning the Founders and the
courts is incorrect?
a0. Most oI the Founders probably expected the Supreme Court to
have the power oI judicial review.
b0. The Founders did not mention judicial review in the
Constitution.
c0. The Founders did not expect Iederal courts to play a large role
in Iederal policy making.
d0. The Founders expected the courts would Iind law not make it.
e0. None oI the above.
Ans: D
Page: 441
Type: Conceptual
90. Marburv v. Madison had both legal and political signiIicance. Which
oI the Iollowing rulings was oI political signiIicance?
a0. Congress may not add to the original jurisdiction oI the
Supreme Court.
b0. The Supreme Court may declare void any laws repugnant to
the U.S. Constitution.
c0. Persons seeking writs oI mandamus must go to a lower court.
d0. The Supreme Court will try to avoid direct conIrontations with
other branches oI government.
e0. Congress can expand or contract the appellate jurisdiction oI
the Court.
Ans: D
Page: 440
Type: Factual
100. Between 1789 and the Civil War, the Supreme Court was primarily
occupied with the issues oI
a0. states` rights and slavery.
b0. trade relations and states` rights.
c0. national supremacy and trade relations.
d0. slavery and national supremacy.
e0. commerce and civil liberties.
Ans: C
Page: 441
Type: Factual
110. In McCulloch v. Marvland, the Supreme Court held that
a0. states could tax a Iederal bank.
b0. state militia were subservient to the Iederal armed services.
c0. the Iederal government could pass any laws necessary and
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Chapter 16: The ]udiciary 100
proper to the attainment oI constitutional ends.
d0. the Iederal government had the power to regulate commerce
that occurred among states.
e0. the judicial branch has the power to determine the legitimate
governing power in the states.
Ans: B
Page: 440
Type: Factual
120. In Federalist 78, Alexander Hamilton described the judiciary as
a0. 'the sword oI the community.
b0. 'least dangerous to political rights.
c0. 'command|ing| the purse.
d0. 'encouraging Iactions.
e0. 'beyond reproach.
Ans: C
Page: 440
Type: Factual
130. What is the major issue (or set oI issues) conIronting the Supreme
Court in America today?
a0. The relationship between government and the economy
b0. Nationbuilding
c0. Personal liberty, social equality, and the potential conIlict
between the two
d0. Establishing the supremacy oI Iederal government
e0. The constitutionality oI the Iederal income tax
Ans: A
Page: 440
Type: Factual
140. Marburv v. Madison had its origins in the aborted commission oI
and three others.
a0. William Marbury
b0. John Marshall
c0. Thomas JeIIerson
d0. James Madison
e0. John Adams
Ans: E
Page: 440
Type: Factual
150. The commission at issue in Marburv was the result oI an attempt by
to pack the judiciary with loyal supporters.
a0. William Marbury
b0. John Marshall
c0. Thomas JeIIerson
d0. James Madison
e0. John Adams
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101 Chapter 16: The ]udiciary
Ans: B
Page: 440
Type: Factual
160. The commission at issue in Marburv was supposed to be delivered by
the secretary oI state,
a0. William Marbury.
b0. John Marshall.
c0. Thomas JeIIerson.
d0. James Madison.
e0. John Adams.
Ans: B
Page: 440
Type: Factual
170. The chieI justice oI the Supreme Court who wrote the opinion in the
Marburv case was
a0. William Marbury.
b0. John Marshall.
c0. Thomas JeIIerson.
d0. James Madison.
e0. John Adams.
Ans: E
Page: 441
Type: Factual
180. The amazing result oI the Marburv decision was that
a0. Madison was given his commission.
b0. the Court ordered JeIIerson to Iire Madison.
c0. the secretary oI state was replaced by John Marshall.
d0. Adams was held responsible Ior the Iiring oI Madison.
e0. the Court decided it had no power to decide the case.
Ans: C
Page: 442
Type: Factual
190. The principle that the Supreme Court used in overturning Fulton`s
monopoly on a New York steamboat operation was that
a0. a monopoly is a restraint on trade.
b0. patents cannot be issued on recent technology.
c0. state law cannot prevail over Iederal law.
d0. interstate commerce cannot be regulated.
e0. the indirect eIIects oI commerce are beyond the scope oI
government regulation.
Ans: A
Page: 442
Type: Conceptual
200. The reaction oI early presidents to Supreme Court rulings such as
Marburv v. Madison and McCulloch v. Marvland can best be
described as
a0. highly negative.
b0. relatively mild but negative.
c0. relatively mild but positive.
d0. highly positive.
e0. accepting, and later supportive.
Ans: D
Page: 442
Type: Factual
210. The Dred Scott case involved
a0. the right oI the national government to charter a bank.
b0. the doctrine oI separate but equal.
c0. admission oI new states to the union.
d0. a slave owner`s property rights to an escaped slave.
e0. the suspension oI habeas corpus.
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Chapter 16: The ]udiciary 102
Ans: E
Page: 443
Type: Factual
220. Which oI the Iollowing statements concerning the exercise oI judicial
review over Iederal statutes is most accurate?
a0. It has been exercised Iairly steadily since 1789.
b0. It was exercised with great Irequency at Iirst, then used very
rarely.
c0. It has steadily increased since 1789.
d0. It has steadily decreased since 1789.
e0. It was very rarely used at Iirst, and has been used with some
Irequency since.
Ans: B
Page: 440
Type: Factual
230. From the Civil War to the 1930s, the Supreme Court was primarily
occupied with
a0. the civil rights oI Iormer slaves.
b0. economic regulation by government.
c0. the rights oI the criminally accused.
d0. the balance oI powers between states and the Iederal
government.
e0. First Amendment Ireedoms.
Ans: D
Page: 443
Type: Factual
240. A crucial decision involving the protection oI private property
interpreted the Fourteenth Amendment`s reIerence to 'person to
mean
a0. whites only.
b0. adults.
c0. labor unions.
d0. business Iirms.
e0. males.
Ans: A
Page: 443
Type: Factual
250. Until the 1930s, the Supreme Court interpreted the Fourteenth and
FiIteenth Amendments to
a0. view civil rights very narrowly.
b0. view civil rights very broadly.
c0. expand the notion oI interstate commerce.
d0. contract the notion oI interstate commerce.
e0. distinguish precedents in a manner that Iavored minorities.
Ans: B
Page: 443
Type: Factual
260. In the period Iollowing the Civil War, the Fourteenth Amendment
was consistently interpreted by the Supreme Court to protect
a0. interstate commerce.
b0. state regulations.
c0. states` rights.
d0. the government's right to tax.
e0. a and d.
Ans: E
Page: 443
Type: Factual
270. Between 1887 and 1910, the Supreme Court upheld state regulation
oI business opportunity approximately oI the time?
a0. 10 percent
b0. 30 percent
c0. 50 percent
d0. 60 percent
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103 Chapter 16: The ]udiciary
e0. 80 percent
Ans: C
Page: 440
Type: Factual
280. The period in Supreme Court history Irom 1936 to the present has
been marked by a concern Ior
a0. the regulation oI commerce.
b0. states` rights.
c0. personal liberties.
d0. private property.
e0. corporate Iraud.
Ans: B
Page: 443
Type: Factual
290. AIter 1936, the Supreme Court stopped imposing regulations on the
power oI the government to regulate the economy. In its previous
rulings in this area, the Court Iound itselI
a0. Iavoring the cause oI labor against business.
b0. making detailed judgments that it was not always competent to
make.
c0. allowing state legislatures too much control over the national
economy.
d0. limiting the protection oI private property to enable business to
expand.
e0. considerably divided but just about always supportive oI
Iederal interests.
Ans: B
Page: 444
Type: Factual
300. Court-packing reIers to the practice oI
a0. taking away the Supreme Court`s appellate jurisdiction.
b0. appointing only justices who agree with the president`s
political philosophy.
c0. appointing only justices who agree with Congress`s political
philosophy.
d0. appointing only justices who can be categorized as strict
constructionists.
e0. ignoring decisions in which a majority oI justices cannot agree
on a single opinion.
Ans: A
Page: 444
Type: Factual
310. Franklin Roosevelt`s court-packing plan would have allowed him to
name a new justice
a0. Ior every sitting justice older than age seventy.
b0. once a year, irrespective oI retirements.
c0. every time the court struck down one oI his laws.
d0. to replace any sitting justice older than age seventy.
e0. each time a justice removed himselI/herselI Irom a case.
Ans: C
Page: 444
Type: Factual
320. The Supreme Court`s acceptance oI New Deal principles probably
avoided
a0. a conIlict between the president and Congress.
b0. the election oI a Republican president in 1936.
c0. an assault on the Supreme Court by the other branches.
d0. the early demise oI the New Deal.
e0. the creation oI an even higher appellate court.
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Chapter 16: The ]udiciary 104
Ans: B
Page: 446
Type: Factual
330. There are 94 in the Iederal judiciary.
a0. constitutional courts
b0. district courts
c0. courts oI appeal
d0. legislative courts
e0. supreme courts
Ans: C
Page: 446
Type: Factual
340. There are 12 in the Iederal judiciary.
a0. constitutional courts
b0. district courts
c0. courts oI appeal
d0. legislative courts
e0. supreme courts
Ans: D
Page: 446
Type: Factual
350. are established in the Iederal judiciary Ior some
special purpose and are staIIed by people who have Iixed terms oI
oIIice and can have their salaries reduced.
a0. Constitutional courts
b0. District courts
c0. Courts oI appeal
d0. Legislative courts
e0. Supreme courts
Ans: D
Page: 446
Type: Factual
360. The Court oI Military Appeals is an example oI a
a0. constitutional court.
b0. district court.
c0. court oI appeal.
d0. legislative court.
e0. supreme court.
Ans: A
Page: 446
Type: Factual
370. Which court(s) are mandated by the U.S. Constitution?
a0. The Supreme Court only
b0. The Supreme and appellate courts
c0. The Supreme, appellate, and district courts
d0. Both constitutional and legislative courts
e0. Legislative courts
Ans: D
Page: 446
Type: Factual
380. What does the U.S. Constitution have to say about the size oI the
Supreme Court?
a0. It speciIically sets the number oI justices at six, later amended
to nine.
b0. It speciIically sets the number oI justices at nine.
c0. It suggests but does not mandate a Court oI nine justices.
d0. It does not indicate how large the Court should be.
e0. It speciIically places the matter in the hands oI the House oI
Representatives.
Ans: D
Page: 446
Type: Factual
390. Which oI the Iollowing courts exercises the judicial powers Iound in
Article III oI the Constitution?
a0. Legislative courts
b0. Courts oI appeals
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105 Chapter 16: The ]udiciary
c0. District courts
d0. Constitutional courts
e0. Intermediate appellate courts
Ans: B
Page: 446
Type: Factual
400. One basic diIIerence between a constitutional court and a legislative
court is that
a0. constitutional court judges handle cases that need not be
decided by the Supreme Court.
b0. constitutional court judges cannot be Iired.
c0. legislative court judges handle cases that need not be decided
by the Supreme Court.
d0. legislative court judges cannot be Iired.
e0. legislative court judges are not conIirmed by the Senate.
Ans: A
Page: 447
Type: Factual
410. The behavior oI Justices Holmes, Burger, and Blackmun suggests
that
a0. presidents can sometimes be mistaken in their prediction about
the actions oI their judicial appointees.
b0. the Supreme Court Iollows the election returns.
c0. the president clearly controls the Supreme Court through his
appointments.
d0. dissenters on the Supreme Court have more inIluence than the
majority.
e0. Presidents are rarely concerned about 'court-packing today.
Ans: C
Page: 447
Type: Factual
420. Senatorial courtesy is an especially important consideration in
nominations to
a0. legislative courts.
b0. courts oI appeals.
c0. district courts.
d0. constitutional courts.
e0. intermediate appellate courts.
Ans: B
Page: 447
Type: Factual
430. Which oI the Iollowing statements about the selection oI Iederal
judges is correct?
a0. The principle oI senatorial courtesy applies to the selection oI
judges in the legislative courts.
b0. Presidents generally appoint judges whose political views
reIlect their own.
c0. Nominees Ior district court judge oIten Iace tough conIirmation
battles in the Senate.
d0. The application oI political litmus tests to Supreme Court
nominees was established with the nomination oI David
Souter.
e0. Supreme Court nominations have only recently become
controversial.
Ans: A
Page: 447
Type: Conceptual
440. It has been suggested that senators actually appoint district judges,
and presidents conIirm them, through the practice oI
a0. senatorial courtesy.
b0. advice and consent.
c0. legislative vetoes.
d0. requiring a two-thirds majority Ior conIirmation.
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Chapter 16: The ]udiciary 106
e0. requiring a three-Iourths majority Ior conIirmation.
Ans: D
Page: 447
Type: Factual
450. The president who appointed the largest percentage oI Hispanics to
the Iederal courts was
a0. Gerald Ford.
b0. Jimmy Carter.
c0. Ronald Reagan.
d0. George W. Bush.
e0. Dwight Eisenhower.
Ans: B
Page: 448
Type: Factual
460. Typically, those who complain about the litmus testing oI judicial
candidates are
a0. in power.
b0. out oI power.
c0. liberal.
d0. conservative.
e0. centrist.
Ans: E
Page: 448
Type: Factual
470. The litmus test is perhaps oI greatest importance in nominations to
a0. constitutional courts.
b0. district courts.
c0. courts oI appeal.
d0. legislative courts.
e0. the Supreme Court.
Ans: B
Page: 448
Type: Factual
480. In this century, the number oI Supreme Court nominees rejected by
the Senate is
a0. zero.
b0. Iewer than ten.
c0. between ten and twenty.
d0. more than twenty.
e0. more than thirty.
Ans: D
Page: 448
Type: Factual
490. The dual-court system oI the United States reIers to
a0. trial and appellate courts.
b0. criminal and civil courts.
c0. statutory and common law courts.
d0. Iederal and state courts.
e0. legislative and constitutional courts.
Ans: C
Page: 448
Type: Factual
500. A diversity case is one involving
a0. the jurisdiction oI more than one appellate court.
b0. the jurisdiction oI more than one district court.
c0. citizens oI diIIerent states.
d0. a writ oI certiorari.
e0. a writ oI mandamus.
Ans: C
Page: 449
Type: Conceptual
510. Citizen X is suing his neighbor Y Ior ramming his $7,000 car. This
case could be heard in
a0. a Iederal court.
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107 Chapter 16: The ]udiciary
b0. either a Iederal or state court.
c0. a state court.
d0. an appellate court.
e0. an intermediate appellate court.
Ans: A
Page: 449-450
Type: Factual
520. The litigation involving Iour police oIIicers accused oI beating
Rodney King illustrates the Iact that
a0. some deIendants are tried in both state and Iederal courts.
b0. some cases can only be tried in state courts.
c0. civil rights cases can only be tried in Iederal courts.
d0. one level oI government can block the prosecutions oI another.
e0. cases cannot be appealed across the state and Iederal judiciary.
Ans: D
Page: 449
Type: Conceptual
530. CaliIornia is suing Arizona over the use oI the Colorado River. The
case will be heard by
a0. a Iederal court.
b0. the Supreme Court oI CaliIornia.
c0. the Supreme Court oI Arizona.
d0. the U.S. Supreme Court.
e0. the Court oI International Trade.
Ans: A
Page: 450
Type: Factual
540. The majority oI cases heard by Iederal courts begin in
a0. district courts.
b0. state courts.
c0. municipal courts.
d0. appellate courts.
e0. circuit courts.
Ans: D
Page: 450
Type: Conceptual
550. What is the relationship between an appeal and certiorari?
a0. Judges must hear all appeals but only some certiorari.
b0. A case granted certiorari may be heard in either state or Iederal
court.
c0. Appeals are paid Ior by plaintiIIs, certiorari by deIendants.
d0. Only some appeals are granted certiorari.
e0. Appeals are directed to appellate courts whereas a writ oI
certiorari is sought Irom a trial court.
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Chapter 16: The ]udiciary 108
Ans: E
Page: 450
Type: Factual
560. Certiorari is a Latin word meaning, roughly
a0. 'beyond all uncertainties.
b0. 'certiIied.
c0. 'to be heard.
d0. 'rule oI Iour.
e0. 'made more certain.
Ans: B
Page: 450
Type: Conceptual
570. II it wanted to make its caseload signiIicantly more manageable, the
Supreme Court could probably do so most easily by
a0. requiring Iewer votes Ior certiorari.
b0. requiring more votes Ior certiorari.
c0. eliminating its appeals docket.
d0. broadening its appeals docket.
e0. eliminating its original jurisdiction.
Ans: E
Page: 450
Type: Factual
580. Which oI the Iollowing signiIicantly increases the odds that the
Supreme Court will review a case?
a0. Two or more Iederal courts oI appeals have decided the same
issue in diIIerent ways.
b0. The highest court in a state has held a Iederal law in violation
oI the Constitution.
c0. The highest court in a state has held a state law in violation oI
the Constitution.
d0. The highest court in a state has upheld a state law against a
claim that it is in violation oI the Constitution.
e0. All oI the above.
Ans: D
Page: 450
Type: Factual
590. In a typical year, the Supreme Court may consider over
petitions asking it to review decisions oI lower or state courts.
a0. 1,000
b0. 2,000
c0. 5,000
d0. 7,000
e0. 30,000
Ans: B
Page: 450
Type: Factual
600. In a typical year, the Supreme Court rarely gives Iull review to more
than about oI the petitions which request
review oI the decisions oI lower or state courts.
a0. 10
b0. 100
c0. 1,000
d0. 3,000
e0. 10,000
Ans: E
Page: 451
Type: Factual
610. One unintended consequence oI the Supreme Court`s heavy caseload
is an increase in the inIluence wielded by
a0. the ChieI Justice.
b0. Associate Justices.
c0. the Attorney General.
d0. the Deputy Attorney General.
e0. law clerks.
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109 Chapter 16: The ]udiciary
Ans: C
Page: 451
Type: Conceptual
620. Which oI the Iollowing observations about the Supreme Court`s law
clerks is incorrect?
a0. They play a big role in deciding which cases are granted
certiorary.
b0. They are recent law school graduates.
c0. They are conIirmed by the Senate.
d0. Some oI the opinions written by the Justices are draIted by the
clerks.
e0. None oI the above.
Ans: D
Page: 451
Type: Factual
630. Clarence Gideon managed to have his case heard beIore the Supreme
Court by
a0. Iiling a mandatory appeal.
b0. claiming diversity oI citizenship.
c0. seeking expert legal assistance.
d0. Iiling as a pauper.
e0. appealing to the Court in a personal letter.
Ans: D
Page: 451
Type: Factual
640. An organization that has been inIluential in getting First Amendment
cases appealed to the Supreme Court is the
a0. NRA.
b0. National Taxpayers' Union.
c0. AFL-CIO.
d0. ACLU.
e0. NWO.
Ans: B
Page: 451
Type: Conceptual
650. 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?
a0. Indigent A
b0. Middle-Class B
c0. Rich C
d0. a and b.
e0. All three would be aIIected equally.
Ans: A
Page: 451-452
Type: Factual
660. Two common ways Ior a plaintiII to lower the costs oI an appeal are
by Iiling and being heard as a pauper (in forma pauperis) and by
a0. Iinding an interest group to support the case.
b0. Iiling a writ oI certiorari.
c0. asking the courts to rule in absentia.
d0. suing under the principle oI sovereign immunity.
e0. applying Ior a writ oI mandamus.
Ans: E
Page: 452
Type: Factual
670. Fee shiIting reIers to the practice oI
a0. dividing attorneys` Iees among all participants in a class-action
suit.
b0. reducing Iees iI the votes oI appellate court judges are divided.
c0. getting the government to pay the Iees oI all parties.
d0. having attorneys adjust their Iees according to their experience
and the damages awarded.
e0. getting the loser to pay court costs.
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Chapter 16: The ]udiciary 110
Ans: D
Page: 452
Type: Factual
680. When a citizen sues and wins a suit against a government oIIicial Ior
withholding a beneIit to which a citizen is entitled, such a suit is
called a
a0. First Amendment suit.
b0. civil rights suit.
c0. common law suit.
d0. Section 1983 suit.
e0. civil liberties suit.
Ans: C
Page: 452
Type: Conceptual
690. Taxpayer X believes that the Iederal Endangered Species Act is
unconstitutional. What will he have to show beIore his case can be
heard on its merits?
a0. That he has exhausted all other means to settle his grievance.
b0. That more than $10,000 is involved.
c0. That he has suIIered personal harm as a result oI enIorcement
oI the act.
d0. That Congress will not change the law.
e0. That the legislative branch is incapable oI addressing the issue
in a competent manner.
Ans: A
Page: 452
Type: Factual
700. Under the doctrine oI sovereign immunity, a citizen cannot
a0. sue the government without its consent.
b0. bring two suits against one individual Ior the same crime.
c0. bring the same suit to courts in two diIIerent states.
d0. appeal a case that has already been ruled on by the Supreme
Court.
e0. appeal a case that was decided more than one year earlier.
Ans: B
Page: 452
Type: Conceptual
710. The president`s helicopter lands in your rose garden and causes
thousands oI dollars` worth oI damage to your prize roses. Can you
sue the government Ior damages?
a0. Yes, without qualiIication.
b0. Yes, but only iI the government gives its consent under the
sovereign immunity doctrine.
c0. No, because the government can be sued only when personal
injury is involved.
d0. No, because the sovereign immunity doctrine protects the
government Irom lawsuits.
e0. No, unless a neutral magistrate determines the act was
intentional.
Ans: B
Page: 453
Type: Factual
720. Brown v. Board of Education is an example oI a
a0. taxpayer suit.
b0. class-action suit.
c0. Section 1983 suit.
d0. reapportionment suit.
e0. client participatory suit.
Ans: A
Page: 454
Type: Factual
730. The major reasons class-action suits became more common in recent
years was that
a0. they became Iinancially attractive to lawyers.
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111 Chapter 16: The ]udiciary
b0. laws changed to deregulate such suits.
c0. the requirements Ior bringing such suits to court were easy to
satisIy.
d0. attorneys` Iees could be shared among all plaintiIIs.
e0. bar associations have insisted that lawyers participate in them.
Ans: B
Page: 454
Type: Factual
740. Among the current members oI the U.S. Supreme Court there is (are)
women
a0. no
b0. 2
c0. 3
d0. 4
e0. 5
Ans: E
Page: 454
Type: Factual
750. The most common background or proIessional experience among
members oI the current Supreme Court is experience as
a0. attorney general.
b0. state judge.
c0. prosecutor.
d0. deIense attorney.
e0. Iederal judge.
Ans: A
Page: 454
Type: Factual
760. Almost all oI the justices on the current Supreme Court came to the
court with previous experience as a
a0. judge.
b0. prosecutor.
c0. deIense attorney.
d0. attorney general.
e0. corporate lawyer.
Ans: B
Page: 454
Type: Factual
770. Republican presidents Nixon, Ford, Reagan and Bush appointed
oI the current members oI the Supreme Court.
a0. 9
b0. 7
c0. 5
d0. 3
e0. 2
Ans: E
Page: 454
Type: Factual
780. The current ChieI Justice oI the U.S. Supreme Court is
a0. John Paul Stevens.
b0. David Souter.
c0. Anthony Kennedy.
d0. Clarence Thomas.
e0. William Rehnquist.
Ans: D
Page: 454
Type: Factual
790. The youngest justice on the U.S. Supreme Court is
a0. John Paul Stevens.
b0. David Souter.
c0. Anthony Kennedy.
d0. Clarence Thomas.
e0. William Rehnquist.
Ans: C 800. Beginning in 1974, the Supreme Court reacted to the implications oI
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Chapter 16: The ]udiciary 112
Page: 454
Type: Factual
class-action suits by greatly
a0. expanding settlement awards.
b0. reducing settlement awards.
c0. tightening the rules governing class-action suits.
d0. easing the rules governing class-action suits.
e0. expanding the scope oI such suits in the Iield oI commercial
activity.
Ans: B
Page: 454
Type: Factual
810. The text argues that getting into court depends most strongly on
having
a0. a just cause and standing.
b0. standing and resources.
c0. resources and an opponent.
d0. an opponent and a just cause.
e0. a litigious action and connections in the judiciary.
Ans: A
Page: 455
Type: Factual
820. In most cases presented to the Supreme Court, the bulk oI the
argumentation presented by either side will be Iound in the
a0. brieI.
b0. certiorari petition.
c0. oral argument.
d0. per curiam decision.
e0. complaint.
Ans: A
Page: 455
Type: Factual
830. The Iunction oI the U.S. solicitor general is to
a0. approve every case the Iederal government presents to the
Supreme Court.
b0. enIorce the decisions oI the Supreme Court.
c0. serve as the principal legal adviser, or counsel, to members oI
the Supreme Court.
d0. maintain order in the Supreme Court`s courtroom.
e0. direct participants in oral argument beIore the court.
Ans: C
Page: 455
Type: Conceptual
840. An interest group such as the ACLU or the NAACP is most likely to
attempt to inIluence the Supreme Court by
a0. appealing a decision directly to the president.
b0. consulting in the nomination process oI a new Supreme Court
justice.
c0. writing an amicus curiae brieI.
d0. raising a political question with the solicitor general.
e0. lobbying the American Bar Association.
Ans: E
Page: 455
Type: Conceptual
850. Sources oI inIluence on Supreme Court justices include all oI the
Iollowing except
a0. the ACLU.
b0. amicus curiae.
c0. law reviews.
d0. NAACP.
e0. legal aid societies.
Ans: C 860. A chieI justice is able to exercise his inIluence most eIIectively by
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113 Chapter 16: The ]udiciary
Page: 455
Type: Factual
a0. setting the agenda.
b0. guiding the voting.
c0. guiding the debate.
d0. enIorcing the decision.
e0. directing oral argument.
Ans: C
Page: 455
Type: Factual
870. What happens iI a vote by the Supreme Court ends in a tie?
a0. The chieI justice breaks the tie.
b0. A majority oI both houses oI Congress decides the case.
c0. The lower court decision is leIt standing.
d0. A vote cannot end in a tie because all nine justices must
participate in every vote.
e0. The U.S. Attorney General casts the deciding vote.
Ans: E
Page: 455-456
Type: Factual
880. Among the types oI written opinions issued by the Supreme Court
are all oI the Iollowing except
a0. majority.
b0. per curiam.
c0. concurring.
d0. dissenting.
e0. mandatory.
Ans: B
Page: 455-456
Type: Conceptual
890. Justice Ruth Bader Ginsburg, Ior example, votes on the side oI a
majority oI Supreme Court justices on a particular case even though
her reasoning diIIers Irom the others. She may choose to express her
reasons in a(n)
a0. dissenting opinion.
b0. concurring opinion.
c0. opinion oI the Court.
d0. per curiam opinion.
e0. plurality opinion.
Ans: C
Page: 456
Type: Factual
900. Typically, about percent oI U.S. Supreme Court opinions
are unanimous.
a0. one-halI
b0. three-Iourths
c0. one-third
d0. one-tenth
e0. two-IiIths
Ans: D
Page: 457
Type: Factual
910. The number oI Iederal laws that have actually been overturned by the
Supreme Court is
a0. Iewer than 20.
b0. approximately 50.
c0. between 75 and 100.
d0. well in excess oI 100.
e0. over 3,000.
Ans: B
Page: 460
920. Supreme Court rather than congressional interpretation oI acts oI
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Chapter 16: The ]udiciary 114
Type: Factual Congress can result Irom
a0. constitutional interpretation.
b0. interpretation oI Iederal laws.
c0. reversals oI past precedents.
d0. the imposition oI strict constructionism.
e0. conservative principles oI the justices.
Ans: C
Page: 457
Type: Conceptual
930. One measure oI the policy-making role oI the Supreme Court is the
Irequency with which it
a0. supports the president.
b0. supports Congress.
c0. departs Irom stare decisis.
d0. challenges interest groups.
e0. upholds precedent.
Ans: E
Page: 457
Type: Factual
940. An important reason Iederal courts Iollow precedent is that
a0. lower court judges have less expertise than members oI the
Supreme Court.
b0. the Fourteenth Amendment requires Iollowing precedent to
avoid conIlict with state courts.
c0. the practice oI stare decisis makes judicial decision making
chaotic.
d0. appellate courts are less likely to agree among themselves iI
the standards oI decision making are too rigid.
e0. equal justice requires similar cases to be decided the same way.
Ans: A
Page: 457
Type: Factual
950. Each oI the Iollowing is a measure oI the power oI the Iederal courts
except
a0. the reluctance oI these courts to deal with political questions.
b0. the number oI state laws they declare unconstitutional.
c0. the number oI Iederal laws they declare unconstitutional.
d0. the number oI prior cases they overturn.
e0. the kinds oI remedies they impose to correct situations.
Ans: A
Page: 457
Type: Conceptual
960. The willingness oI the Supreme Court to deal with congressional
redistricting is an example oI judicial
a0. power.
b0. Iairness.
c0. partisanship.
d0. reaction.
e0. objectivity.
Ans: D
Page: 457
Type: Conceptual
970. When a Iederal judge orders the reorganization oI a state prison
system in a case brought by a single convict, the judge is issuing a
a0. partisan decision.
b0. stare decisis.
c0. writ oI certiorari.
d0. policy-making remedy.
e0. concurring opinon.
Ans: E 980. Justices who believe the Supreme Court should change the direction
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115 Chapter 16: The ]udiciary
Page: 459
Type: Conceptual
oI legislative policy are advocating
a0. social Darwinism.
b0. natural law.
c0. strict constructionism.
d0. judicial restraint.
e0. judicial activism.
Ans: A
Page: 459
Type: Conceptual
990. The argument that courts are the last resort Ior the powerless is most
likely to be used by those Iavoring
a0. judicial activism.
b0. strict constructionism.
c0. interpretivism.
d0. conservative causes.
e0. natural jurisprudence.
Ans: B
Page: 459
Type: Conceptual
1000. The argument that justices usually lack expertise in many aspects oI
society today is most likely to be used by those Iavoring
a0. judicial activism.
b0. strict constructionism.
c0. liberal causes.
d0. conservative causes.
e0. legal realists.
Ans: B
Page: 459
Type: Factual
1010. Cases that come beIore the courts usually originate Irom
a0. ambitious lawyers.
b0. contending interests.
c0. conIlicting laws.
d0. Iree speech violations.
e0. incompetent trial court judges.
Ans: D
Page: 460
Type: Factual
1020. The Iastest growing portion oI the Iederal courts` civil work load
involves
a0. economic regulation.
b0. environmental protection.
c0. states` rights.
d0. civil rights.
e0. libel.
Ans: E
Page: 460
Type: Factual
1030. Federal courts are Irequently provided with opportunities to design
remedies, in part, because Congress
a0. issues mandates to courts that encourage judicial activism.
b0. nominates Iederal judges.
c0. conIirms judges without the advice oI bar associations.
d0. strips agencies oI their regulatory powers.
e0. writes laws that require interpretation through litigation.
Ans: B
Page: 460
Type: Factual
1040. A study oI appellate court reviews oI decisions made by regulatory
agencies Iound that the agencies` position was supported by the
courts
a0. in almost every case.
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Chapter 16: The ]udiciary 116
b0. approximately two-thirds as oIten as it was reversed.
c0. approximately as oIten as it was reversed.
d0. in a distinct minority oI the cases.
e0. rarely, iI ever.
Ans: E
Page: 460
Type: Factual
1050. The ways in which the Supreme Court has interpreted ambiguities in
the law can best be explained by
a0. the justice`s commitment to Iairness and objectivity.
b0. pressure-group activity.
c0. changing the views oI the legislators.
d0. changes in legal education.
e0. the personal political belieIs oI judges.
Ans: C
Page: 460
Type: Conceptual
1060. The Iact that prayer continues in some public schools, even though
the Supreme Court has declared it unconstitutional, is an example oI
a0. the slowness oI the appeals process.
b0. ambiguity in the Court`s decisions.
c0. lack oI eIIective enIorcement by the Court.
d0. the power oI state governments to countermand judicial
rulings.
e0. the complexity oI the rules relating to Iederal and state courts.
Ans: B
Page: 460
Type: Factual
1070. One restraint under which the Iederal courts operate is that
a0. public opinion and election politics can undermine their eIIorts.
b0. their decisions can sometimes be ignored.
c0. the president can always Iire a Iederal judge.
d0. Congress can always impeach a Iederal judge Ior backing an
unpopular position.
e0. Congress can reduce the salary oI Iederal judges.
Ans: C
Page: 460-461
Type: Factual
1080. The 1952 steel mill seizure case is an example oI the
a0. limits oI judicial power.
b0. U.S. commitment to the electoral process.
c0. ability oI the Supreme Court to check the president.
d0. conIlicting roles oI the judicial and legislative branches oI
government.
e0. lack oI consistency in the legislative process.
Ans: D
Page: 461
Type: Factual
1090. Which oI the Iollowing statements about impeachment proceedings
against Iederal judges is true?
a0. They are eIIective restraints on the judiciary.
b0. They are quite Irequent.
c0. They are usually brought by judicial activists.
d0. They are ineIIective restraints on the judiciary.
e0. They have never actually resulted in the removal oI a judge.
Ans: A
Page: 461
Type: Factual
1100. The Fourteenth Amendment overturned
a0. Dred Scott v. Sandford.
b0. Marburv v. Madison.
c0. McCulloch v. Marvland.
d0. Brown v. Board of Education.
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117 Chapter 16: The ]udiciary
e0. Buck v. Bell.
Ans: C
Page: 461
Type: Factual
1110. One practicable way that Congress can get around an unIavorable
Supreme Court ruling on a law is to
a0. remove the judges who voted against the law.
b0. overturn the Supreme Court ruling.
c0. repass the law in slightly altered Iorm.
d0. strip the Supreme Court oI its enIorcement authority.
e0. contract the original jurisdiction oI the Court.
Ans: B
Page: 463
Type: Factual
1120. Which oI the Iollowing statements about the Dred Scott decision is
correct?
a0. It exceeded the Iormal authority oI the Supreme Court.
b0. It inIuriated public opinion and harmed the Supreme Court.
c0. It resulted Irom an inaccurate determination oI Iacts.
d0. It was widely applauded throughout the nation.
e0. It was the primary cause oI the War Between the States.
Ans: E
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Type: Factual
1130. Congress has the power to decide the jurisdiction oI lower Iederal
courts. This means that
a0. Congress can determine the number oI judges that sit on each
court.
b0. Congress can decide which judges will hear which cases beIore
these courts.
c0. Congress can veto decisions oI lower courts, unlike those oI
the Supreme Court.
d0. lower courts cannot declare an act oI Congress
unconstitutional.
e0. Congress can decide what types oI cases these courts hear.
Ans: B
Page: 462
Type: Factual
1140. In the 1868 habeas corpus case involving a Mississippi newspaper
editor named McCardle, Congress sought to thwart the Supreme
Court by
a0. threatening to impeach the justices.
b0. withdrawing part oI the Court`s appellate jurisdiction.
c0. changing the original jurisdiction oI the Court.
d0. changing the size oI the Court.
e0. removing the Court Irom its building.
Ans: D
Page: 463
Type: Factual
1150. The Supreme Court is protected to a considerable extent Irom Irontal
attacks by president and Congress through
a0. the logic oI its decisions.
b0. the logic oI its opinions.
c0. its own bureaucracy.
d0. its prestige in the nation.
e0. its careIully researched opinions.
Ans: A
Page: 463
Type: Conceptual
1160. Withdrawing some oI the appellate jurisdiction oI the Supreme Court
would probably shiIt policy making to
a0. lower Iederal courts and state courts.
b0. Congress.
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Chapter 16: The ]udiciary 118
c0. the president.
d0. state prosecutors.
e0. state governors.
Ans: E
Page: 463
Type: Conceptual
1170. When Supreme Court justices read law review articles commenting
on their opinions, they are acknowledging
a0. public opinion.
b0. the respect given to their own opinions.
c0. a judicial mandate.
d0. errors in public opinion.
e0. elite opinion.
Ans: B
Page: 463
Type: Conceptual
1180. Historically, the Supreme Court has been especially activist when
a0. Congress was in transition Irom control by one party to control
by the other.
b0. the political system was undergoing considerable change.
c0. the president was weak and indecisive.
d0. Congress was weak and the president was strong.
e0. the states were without power.
Ans: B
Page: 463
Type: Factual
1190. Public conIidence in the Supreme Court since 1976 has
a0. remained unchanged.
b0. seesawed dramatically.
c0. increased steadily.
d0. decreased steadily.
e0. decreased steadily except in election years.
Ans: C
Page: 463
Type: Factual
1200. Public conIidence in the Supreme Court at any given time is most
closely related to
a0. the appointment oI a new justice to the Court.
b0. decisions that reIlect either a clearly liberal or a clearly
conservative outlook.
c0. the popularity oI government as a whole.
d0. the perIormance oI the economy, especially with regard to
inIlation.
e0. the perception oI division on the Court.
Ans: C
Page: 463
Type: Factual
1210. Attempts by Presidents Nixon, Reagan, and Bush to produce a less
activist court have been
a0. totally unsuccessIul.
b0. mostly unsuccessIul.
c0. somewhat successIul.
d0. very successIul.
e0. diIIicult, iI not impossible, to assess.
Ans: B
Page: 464
Type: Conceptual
1220. II the size and scope oI government were reduced, we could expect
a0. more judicial activism.
b0. less judicial activism.
c0. less judicial restraint.
d0. a smaller Court.
e0. a larger Court.
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119 Chapter 16: The ]udiciary
Ans: E
Page: 464
Type: Factual
1230. One cause oI today`s increased judicial activism is the Iact that
a0. more judges are willing to stretch the U.S. Constitution to
achieve certain ends.
b0. political parties are stronger today than they were IiIty years
ago.
c0. interest groups employ more lawyers today.
d0. a majority oI the Senate will simply not conIirm anyone who is
not an activist.
e0. more judges believe they should be activists.
0
TRUE/FALSE QUESTIONS
Ans: False
Page: 438
1240. T F Judges play little or no role in the policy-
making process in the United States.
Ans: True
Page: 438
1250. T F Clarence Thomas was conIirmed by the closest Senate
vote in over a century.
Ans: True
Page: 438
1260. T F The Senate used the Iilibuster to block the lower Iederal
court nominations oI George Bush.
Ans: False
Page: 438
1270. T F Since 1789, the Supreme Court has exercised judicial
review over Iederal legislation more than 300 times.
Ans: False
Page: 438
1280. T F Great Britain has a strong tradition oI judicial
review.
Ans: False
Page: 439
1290. T F In reality, judicial review runs counter to the
tradition oI checks and balances in this country.
Ans: False
Page: 439
1300. T F A strict constructionist would apply a moral or
economic philosophy to constitutional principles when
deciding a case.
Ans: True
Page: 439
1310. T F A judge can be both an activist and a
conservative.
Ans: True
Page: 439
1320. T F FiIty years ago, judicial activists tended to be
conservative.
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Chapter 16: The ]udiciary 120
Ans: True
Page: 439-440
1330. T F The Founders would be surprised that the
judiciary has played such a strong role in public-policy
Iormation.
Ans: True
Page: 439-440
1340. T F The Founders expected judicial review to deal
with narrowly deIined matters and not broad policy.
Ans: True
Page: 440-441
1350. T F Marburv v. Madison helped establish the powers
oI the early Supreme Court.
Ans: True
Page: 441
1360. T F It was a matter oI doubt Ior several generations
aIter 1789 whether Iederal law or state law would prevail
under the U.S. Constitution.
Ans: False
Page: 442
1370. T F An early decision by the Supreme Court
established the power oI states to regulate commerce that
occurs among them.
Ans: True
Page: 440
1380. T F By today`s standards oI judicial ethics, John Marshall
would probably not have participated in the Court`s
decisions in Marburv v. Madison.
Ans: True
Page: 442
1390. T F A direct cause oI the Civil War was the Supreme
Court ruling in Dred Scott v. Sandford.
Ans: True
Page: 443
1400. T F The dominant issue in the Iederal courts in the
period Iollowing the Civil War was whether the economy
could be regulated by state and Iederal governments.
Ans: False
Page: 443
1410. T F In the period between the Civil War and the
New Deal, the Supreme Court almost never allowed
restrictions on business.
Ans: True
Page: 443
1420. T F Judicial activism was born in the 1880s and 1890s.
Ans: True
Page: 443
1430. T F In the Iirst 75 years oI this country`s history, the
Supreme Court held only 2 Iederal laws unconstitutional.
Ans: True
Page: 443
1440. T F During the period Irom 1936 to the present, the
Supreme Court established the tradition oI the courts'
deIerring to the legislature on economic issues.
Ans: True
Page: 444
1450. T F II Franklin Roosevelt`s court-packing plan had
been activated, the Supreme Court may have had as many
as IiIteen members.
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121 Chapter 16: The ]udiciary
Ans: True
Page: 444
1460. T F Eventually, Roosevelt made seven appointments to the
Supreme Court.
Ans: False
Page: 444
1470. T F Roosevelt`s court-packing plan clearly inIluenced Justice
Roberts to change his voting behavior.
Ans: False
Page: 446
1480. T F The Supreme Court and the U.S. Courts oI
Appeals are the only Iederal courts that the Constitution
requires.
Ans: False
Page: 446
1490. T F The Constitution speciIies the number oI justices
on the Supreme Court should be between six and nine.
Ans: True
Page: 446
1500. T F There are 94 U.S. District Courts in the Iederal
court system.
Ans: True
Page: 445
1510. T F The history oI the Supreme Court seems to
support the view that the Iederal government can pass
almost any law authorized by the U.S. Constitution.
Ans: True
Page: 445
1520. T F Some recent Supreme Court cases suggest that
the Court has not abandoned the idea that states have
some constitutional power to resist Iederal authority.
Ans: True
Page: 446
1530. T F One characteristic oI constitutional courts as
opposed to legislative courts is that judges cannot be
Iired.
Ans: True
Page: 447
1540. T F Oliver Wendell Holmes and Warren Burger are
examples oI Supreme Court justices whose decisions
surprised the presidents who appointed them.
Ans: False
Page: 447
1550. T F Warren Burger is an example oI a justice whose
decisions met the expectations oI the president who
nominated him.
Ans: True
Page: 447
1560. T F The tradition oI senatorial courtesy gives heavy
weight to the preIerences oI the senators Irom the state
where a Iederal district judge is to serve.
Ans: True
Page: 447
1570. T F Senators wield great inIluence over the
appointment oI lower Iederal judges.
Ans: False
Page: 448
1580. T F Supreme Court nominees have been rejected as
oIten as they have been conIirmed in the twentieth
century.
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Chapter 16: The ]udiciary 122
Ans: True
Page: 448
1590. T F A political litmus test has its greatest impact on
nominees to the Supreme Court.
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123 Chapter 16: The ]udiciary
Ans: False
Page: 447
1600. T F A majority oI Clinton`s judicial appointments were
Iemale.
Ans: False
Page: 448
1610. T F By a dual-court system, we mean one that has
both constitutional and legislative courts.
Ans: False
Page: 448
1620. T F The U.S. Constitution does not speciIically spell
out the jurisdiction oI the Iederal courts.
Ans: True
Page: 449
1630. T F Some cases can be tried in either Iederal or state
courts.
Ans: True
Page: 448
1640. T F Almost thirty presidential nominations to the
Supreme Court have Iailed.
Ans: False
Page: 448
1650. T F Nominations to U.S. District Courts are much
more likely to Iail than nominations to the Supreme
Court.
Ans: True
Page: 449
1660. T F Sometimes deIendants may be tried in both state and
Iederal courts Ior the same oIIense.
Ans: False
Page: 450
1670. T F Most cases heard by Iederal courts begin in
appellate courts.
Ans: False
Page: 450
1680. T F Those who lose cases beIore Iederal regulatory
commissions can always appeal to the Supreme Court.
Ans: False
Page: 450
1690. T F Approval oI a petition Ior certiorari requires a
majority oI the justices.
Ans: True
Page: 450
1700. T F Relatively Iew cases that are appealed are
granted certiorari.
Ans: False
Page: 450
1710. T F The Gideon case opened the door Ior a Ilood oI
Supreme Court cases whose costs were paid by interest
groups.
Ans: False
Page: 451
1720. T F The Supreme Court reviews only 10 to 12
percent oI appeals court cases.
Ans: True
Page: 451
1730. T F One consequence oI the Supreme Court`s heavy
workload is the increase in inIluence wielded by law
clerks.
Ans: False
Page: 451
1740. T F An application Ior certiorari costs about $3,000.
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Chapter 16: The ]udiciary 124
Ans: True
Page: 452
1750. T F When a corporation is Iound guilty oI violating
antitrust laws, it must pay the legal Iees oI the winner.
This is called fee shifting.
Ans: True
Page: 452
1760. T F Standing is a legal concept that determines who
is entitled to bring a case.
Ans: True
Page: 452
1770. T F Personal harm must be demonstrated beIore
standing is granted.
Ans: True
Page: 453
1780. T F The Brown desegregation suit in 1954 beneIited
a broad category oI people not Iormally involved in the
case.
Ans: False
Page: 453
1790. T F Both the NAACP and Linda Brown beneIited
Iinancially Irom the Supreme Court's ruling in Brown v.
Board of Education.
Ans: False
Page: 454
1800. T F AIter 1974, the rules pertaining to class-action
suits were loosened to allow more cases to be brought to
court.
Ans: False
Page: 454
1810. T F It is usually diIIicult to bring a class-action suit
in most state courts.
Ans: True
Page: 454
1820. T F Most oI the justices currently on the Supreme
Court came to the Court with previous judicial experience
in the Iederal court system.
Ans: True
Page: 454
1830. T F Seven oI the nine justices on the current
Supreme Court were appointed by presidents who were
Republican.
Ans: False
Page: 455
1840. T F Only rarely is the Iederal government named as
a party to a case beIore the Supreme Court.
Ans: True
Page: 455
1850. T F Per curiam decisions are typically brieI and
unsigned.
Ans: False
Page: 455-456
1860. T F The majority view in a Supreme Court decision
is reIlected in the concurring opinion.
Ans: True
Page: 457
1870. T F On average, the Supreme Court has declared
Iederal laws unconstitutional less than two times a year.
Ans: False 1880. T F Most oI the Iederal laws declared
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125 Chapter 16: The ]udiciary
Page: 457 unconstitutional by the Supreme Court since 1937 have
had broad national signiIicance.
Ans: False
Page: 457
1890. T F Stare decisis is a principle used in the
overturning oI earlier court decisions.
Ans: True
Page: 457
1900. T F One obvious complication with the 'principle oI
precedent is that what constitutes a 'similar case is not
always clear.
Ans: True
Page: 457
1910. T F The Court is more likely to overturn its own
precedents than it is to exercise judicial review oI Iederal
laws.
Ans: False
Page: 457
1920. T F The political question doctrine is an important
barrier to judicial power today.
Ans: True
Page: 457
1930. T F An important measure oI judicial power is the
kind oI remedy or remedies it imposes to correct wrongs.
Ans: True
Page: 459
1940. T F Perhaps the strongest argument Ior judicial
activism is that the courts are needed to correct injustices
when other branches oI government reIuse to do so.
Ans: False
Page: 459
1950. T F Probably the major reason why courts have
become so activist is the large number oI lawyers in this
country.
Ans: True
Page: 460
1960. T F Hearing more cases by itselI does not
necessarily lead the Iederal courts to sweeping judicial
remedies.
Ans: True
Page: 460
1970. T F Laws and the U.S. Constitution are Iilled with
vague language, which calls Ior Irequent interpretation by
the courts.
Ans: True
Page: 460
1980. T F According to the text, the personal opinions and
attitudes oI judges 'powerIully aIIect their decisions.
Ans: False
Page: 460
1990. T F The Iederal government is increasingly on the
oIIensive in court cases.
Ans: True
Page: 460
2000. T F Supreme Court decisions can sometimes be
ignored without Iear oI prosecution.
Ans: True
Page: 461
2010. T F Impeachment is too rarely used on Iederal
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Chapter 16: The ]udiciary 126
judges to have much oI an eIIect on their behavior.
Ans: True
Page: 461
2020. T F The Supreme Court could declare
unconstitutional any legislation that sought to Iorbid
remedies that the Court might desire.
Ans: False
Page: 461
2030. T F Only the president has the right to change the
number oI judges sitting on the Supreme Court.
Ans: True
Page: 462
2040. T F Courts outside the United States declare laws
unconstitutional in diIIerent ways.
Ans: False
Page: 461
2050. T F Once a law has been ruled unconstitutional,
Congress is powerless to do anything about it.
Ans: True
Page: 461-462
2060. T F Congress can change the jurisdiction oI Iederal
courts.
Ans: False
Page: 463
2070. T F The Iederal courts have generally been most
active during times oI relative tranquility in the country.
Ans: False
Page: 463
2080. T F One argument Ior judicial activism is that public
opinion Iavors it.
Ans: True
Page: 464
2090. T F In general, the major Ieatures oI court activism
and liberalism during the Warren years have remained
intact.
Ans: True
Page: 464
2100. T F Judicial activism is widely accepted by many
judges, liberal and conservative alike.
SHORT ANSWER QUESTIONS
2110. Explain the diIIerence between the strict constructionist approach and the activist approach. Why are these
approaches oI little use Ior predicting ideological trends in a judge`s decisions?
Answer
a0. Strict-constructionist: applying rules stated clearly or implied by language oI the Constitution
b0. Activist approach: judges whodiscover general principles underlying Constitution and ampliIy those
principles on the basis oI some moral or economic philosophy
c0. Neither approach is tied to ideology: a conservative judge can be a strict-constructionist or an activist
Page: 439
2120. Sketch the history oI the development oI the Iederal judiciary, paying attention to the dominant issues
handled by Iederal courts in three eras: Irom the Iounding to the Civil War; Irom the Civil War to the New
Deal; Irom the New Deal to the present.
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127 Chapter 16: The ]udiciary
Answer
a0. Founding to Civil War: establishment oI national supremacy over the states; slavery
b0. Civil War to New Deal: possibility and scope oI government regulation oI the economy; Fourteenth
and FiIteenth Amendments
c0. New Deal to present: economic regulation and political liberties
Pages: 441-445
2130. Explain the diIIerences between a constitutional court and a legislative court.
Answer
a0. Constitutional court: judicial powers Iound in Article III; judges serve during good behavior and their
salaries cannot be reduced
b0. Legislative court: created by Congress Ior a special purpose; judges serve Iixed terms and can be
removed; judges` salaries can be reduced
Page: 446
2140. Explain the legal basis Ior the Iederal courts' jurisdiction over cases. Explain the diIIerent kinds oI cases that
can be heard by Iederal courts.
Answer
a0. Legal basis: Article III, Eleventh Amendment
b0. Types oI cases: Iederal questions; diversity oI citizenship cases can be tried in Iederal or state courts
Pages: 448-450
2150. How has the Supreme Court aIIected access to the judiciary? Why has it done so?
Answer
a0. Easier access: Iree attorney available in a criminal case Ior an indigent deIendant; Iee shiIting; class-
action suits
b0. Access more diIIicult: standing (case or controversy, personal injury; taxpayer suits; individual
notiIication)
c0. Why: growth in backlog oI cases; ideology oI activism
Pages: 451-453
2160. Discuss the concept oI standing in terms oI bringing a case to court.
Answer
a0. Must be an actual controversy
b0. Must be personally harmed by a law or practice
c0. Being a taxpayer ordinarily not enough to challenge a government action
Page: 452
2170. Describe the current sitting justices oI the United States Supreme Court in terms oI their background
experiences and appointing presidents.
Answer
a0. Most oI the justices came to the Court with previous judicial experience, especially Iederal experience
b0. The largest number oI justices (4) were originally appointed by President Reagan
c0. Seven oI the justices were appointed by Republican presidents
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Chapter 16: The ]udiciary 128
Page: 454
2180. Why is Iollowing precedent important?
Answer
a0. To prevent judicial decisions Irom being unpredictable
b0. Equal justice requires treating similar cases similarly
Page: 457
2190. Discuss the arguments Ior and against the Supreme Court`s broad policy-making authority. Is this what the
Founders intended?
Answer
a0. Forms oI policy making: selection oI cases that will raise the opportunity Ior policy making,
willingness to decide a case more broadly than needed to resolve the speciIic dispute, ordering
remedies that aIIect more than the immediate litigants
b0. Pro: other branches are allowing injustice to continue; Court is less susceptible to special interest
groups
c0. Con: policy in a representative democracy is assumed to be made by elected oIIicials; judges lack
expertise in day-to-day administration oI remedies
d0. Founders: no; Court was assumed to be the 'least dangerous branch
Page: 459
2200. How is judicial activism both supported and criticized?
Answer
a0. Supported: courts should correct injustices when other branches reIuse to do so; courts deIend those
without inIluence
b0. Criticized: judges do not have expertise; implementation requires balancing conIlicting needs; judges
are not elected
Page: 459
2210. Discuss the ways in which Congress can seek to check the power oI the Iederal courts, and comment on
whether you think that these checks are desirable or undesirable.
Answer
a0. ConIirmation and impeachment proceedings
b0. Altering number oI judges
c0. Amending legislation or the U.S. Constitution
d0. Altering courts` jurisdiction
Pages: 461-463
ESSAY QUESTIONS
2220. IdentiIy the Iacts leading up to the classic case Marburv v. Madison and the political context. Explain the
Court`s decision as well.
Answer
a0. John Adams lost the election and attempted to pack the judiciary with last minute appointments
b0. Secretary oI State, John Marshall, Iailed to deliver William Marbury`s commission and the incoming
Secretary oI State, James Madison, later reIused to deliver it.
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129 Chapter 16: The ]udiciary
c0. Marbury requested that the Supreme Court order Madison to deliver the commission.
d0. Marshall became ChieI Justice and there was a strong sense that he could not compel Madison to do
anything.
e0. Court`s decision asserted its power but avoided conIrontation by asserting the power oI judicial
review and voiding the portion oI the Judiciary Act oI 1789 which allowed Marbury to make his
application to the Court.
Pages: 440-441
2230. While the Supreme Court is the most powerIul authority in the judiciary, it hears relatively Iew cases.
Discuss the limitations (legal, political, and selI-imposed) on the ability oI cases to reach the Supreme
Court, explaining the purpose behind each restriction.
Answer
a0. Restrictions imposed by Iederalism: the U.S. Constitution deIines the types oI cases over which
Iederal courts have jurisdiction, with the rest handled by state courts.
b0. Restrictions imposed by separation oI powers: political question doctrine, sovereign immunity, and
congressional control over appellate jurisdiction.
c0. Restrictions imposed by case load: most cases are rejected, standing and class-action requirements
have been narrowed, a vote oI Iour justices is needed to hear certiorari appeals.
d0. Restrictions imposed by public opinion: the Supreme Court will, at times, avoid cases to evade a
negative public backlash.
e0. Restrictions imposed by judicial tradition: courts are reluctant to take cases that may require a
departure Irom precedent; judges accepting strict constructionism are less likely to assert judicial
power.
Page: Ch. 16
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