Choose The Correct Option From Federalist No.78 By Alexander Hamilton Flashcards

1) Americans have been raised to think of the federal courts as A) generally insignificant and powerless. B) the strongest branch of government. C) an extension of executive power. D) unable to balance legislative power. E) above politics. E 2) Alexander Hamilton believed that the Supreme Court was A) the most dangerous branch. B) likely to be a source of corruption and graft. C) the least dangerous branch. D) not necessary. E) the most prestigious branch. C 3) Congressional checks on judicial power include all but which of the following? A) Passing a law to reverse some judicial decisions B) Ability to impeach federal judges C) Amending the Constitution to reverse some judicial decisions D) The ability to alter the Court's jurisdiction E) The ability to veto executive orders established by the Supreme Court. E 4) What does the Constitution say about the salaries of federal judges? _ A) Judges' salaries should be commensurate with the salaries of those employed in the private sector. B) Congress can raise or lower sitting judges' salaries at will. C) The Constitution is silent about judicial salaries. D) Congress can raise a judge's salary, but it cannot lower it. E) Congress can lower a judge's salary, but it cannot raise it. D 5) According to Article III, the salaries of federal judges A) must be the same as members of the Senate. B) can only be raised once during their tenure on the bench. C) must remain competitive with lawyers in private practice. D) cannot be reduced while they are serving on the bench. E) must be more than that of the salaries their clerks earn upon graduation. D 6) The power of the courts to review acts of the other branches of government is known as A) judicial review. B) government review. C) judicial privilege. D) original jurisdiction. E) court review. A 7) Which of the following is an advantage of a Supreme Court clerkship? _ A) When former clerks take jobs with law firms, they often receive large salaries and bonuses. B) Clerks receive the same salary that the justices receive. C) Clerks decide which cases the justices will hear. D) Clerks are the only people who can listen to oral arguments. E) Since the clerks get one-half of a vote on every case, they can be the deciding factor if the Court is tied. A 8) In ________, the U.S. Supreme Court held that it had the power to review the constitutionality of acts of Congress. B) Martin v. Hunter's Lessee C) McCulloch v. Maryland D) Gibbons v. Ogden E) Marbury v. Madison E 9) Who is considered the most important justice to ever serve on the Supreme Court? A) Oliver Wendell Holmes B) John Marshall C) Warren Burger D) Thurgood Marshall E) John Jay B 10) Which early court case led to the Eleventh Amendment prohibiting lawsuits against states? A) Gibbons v. Ogden B) Dred Scott v. Sanford C) Marbury v. Madison D) Chisolm v. Georgia E) McCulloch v. Maryland D 11) The Marshall court helped establish which of the following for the Supreme Court? A) The Court's power to interpret state laws B) The supremacy of the federal government over state governments. C) The right of the Court to exercise judicial review D) Writing of a single court opinion rather than individual opinions from each of the justices E) All of the above were established during the Marshall Court. B 12) A court of original jurisdiction is generally known as a/an A) trial court. B) small claims court. C) superior court. D) appellate Court. E) people's court. A 13) Which early court case asserted the power of judicial review by finding Congress had erred in expanding the Court's powers? A) Marbury v. Madison B) Plessy v. Ferguson C) Fletcher v. Peck D) McCulloch v. Maryland E) Chisolm v. Georgia A 14) In which decision did the Supreme Court declare that it could exercise judicial review over acts of the national government? A) McCulloch v. Maryland B) Gibbons v. Ogden C) Martin v. Hunter's Lessee D) Marbury v. Madison E) The People v. Larry Flint D 15) In which decision did the Supreme Court declare that it could exercise judicial review over acts of state governments? A) Martin v. Hunter's Lessee B) The People v. Larry Flint C) Marbury v. Madison D) McCulloch v. Maryland E) Gibbons v. Ogden A 16) Judicial review, the power of the judiciary to review the acts of other branches of government, was claimed by the U.S. Supreme Court over state actions in A) Martin v. Hunter's Lessee. B) Miller v. Parker. C) Brown v. Board of Education. D) Michigan v. Sanders. E) Dred Scott v. Sandford. A 17) Why did the Framers include life tenure for federal judges? A) They feared that no one would take the positions otherwise. B) It would make sure that judges would remain ethical while in office. C) It would make judges more independent and free from political pressures. D) It would make it more difficult for the president and Congress to agree on good candidates. E) It would make the judiciary more powerful than Congress or the president. C 18) Federal judges serve for A) eight-year terms. B) life, with good behavior. C) twelve-year terms. D) ten-year terms. E) four-year terms. B 19) Included among the checks on the powers of the U.S. Supreme Court are: I. Congress can alter the jurisdiction of the Supreme Court. II. Its decisions can be reversed by constitutional amendment. III. Judges can be impeached and removed from office. IV. The House can nominate and appoint Supreme Court justices. A) I and II B) II and III C) I, II, III, and IV D) I and IV E) I, II, and III E 20) Precedent for judicial filibustering of Supreme Court nominees began with A) George H. W. Bush's appointment of Clarence Thomas. B) John Adams's appointment of John Marshall. C) Thomas Jefferson's nomination of Salmon Chase. D) the appointment of Louis Brandeis as the first Jewish judge. E) Lyndon B. Johnson's appointment of Abe Fortas as chief justice. E 21) How were Robert Bork's confirmation hearings different from those of other Supreme Court nominees? A) Robert Bork's confirmation hearings were more focused on his legal prowess. B) Robert Bork's confirmation hearings were the subject of a Supreme Court battle over judicial filibusters. C) Robert Bork was the first Jewish nominee. D) Robert Bork was the first African American nominee. E) Robert Bork's confirmation hearings were more contentious. E 22) All of the following are checks on the judiciary EXCEPT A) Congress can alter the jurisdiction of the Supreme Court. B) The president appoints judges with the "advice and consent" of the Senate. C) Judges can be impeached and removed from office. D) Court decisions can be reversed by constitutional amendment. E) Congress can pardon those convicted by the courts. E 23) The Judiciary Act of 1789 A) established the state court systems. B) established local court systems within the thirteen states. C) granted the Supreme Court the power of judicial review. D) established the basic structure of the federal court system. E) created the Supreme Court and its jurisdiction. D 24) The three-tiered structure of the federal court system was established by A) the Judiciary Act of 1789. B) Article III. C) the Seventeenth Amendment. D) Article IV. E) precedent. A 25) The Judiciary Act of 1789 set the size of the supreme court at A) six. B) nine. C) five. D) eleven. E) seven. A 26) Federal circuit courts originally were created by Congress to A) function as trial courts for important cases. B) hear cases involving copyrights and patents. C) lessen the load of the Supreme Court. D) create more opportunities to appoint their Federalist cronies to lifetime jobs. E) hear violations of state law. A 27) How many justices sit on the Supreme Court? A) eight B) nine C) ten D) seven E) twelve B 28) The size of the Supreme Court is A) set by the Supreme Court itself. B) set by Congress. C) set by the Constitution. D) only altered by constitutional amendment. E) All of the above. B 29) The first chief justice of the United States was A) James Wilson. B) Thomas Jefferson. C) John Jay. D) Clarence Thomas. E) John Marshall. C 30) What was the response to the Supreme Court's decision in Chisholm v. Georgia? A) Congress ignored the decision and created a national bank anyway. B) The president declared that executive privilege trumped states' rights. C) The Anti-federalists celebrated the ruling. D) The states celebrated the ruling. E) The Eleventh Amendment was added to the Constitution to overturn the Court's ruling. E 31) Initially, service on the Supreme Court was considered A) a great honor. B) the apex of one's legal career. C) luxurious. D) undignified. E) a second job. D 32) What does the Eleventh Amendment say? A) The Supreme Court has the power of judicial review. B) Congress can establish a national bank. C) The Supreme Court "shall render Judgment in all Cases arising from violations of the Constitutions of the Various States." D) Congress has the power of judicial review. E) A citizen of one state cannot sue another state in federal court. E 33) McCulloch v. Maryland A) outlawed seriatim opinions. B) applied the Bill of Rights to both the federal and state governments. C) broadly interpreted the necessary and proper clause. D) used the supremacy clause to make the Court the final arbiter of a law's constitutionality. E) declared federal laws invalid. C 34) In McCulloch v. Maryland, the Supreme Court A) established seriatim opinions. B) outlawed per curium opinions. C) declared state laws invalid. D) broadly interpreted the necessary and proper clause. E) made Congress the final arbiter of constitutionality. D 35) In McCulloch v. Maryland, the Supreme Court A) outlawed per curium opinions. B) made Congress the final arbiter of constitutionality. C) declared state laws invalid. D) broadly interpreted the necessary and proper clause. E) established seriatim opinions. D 36) As it exists in the United States, judicial review is the power A) of the federal courts to change state laws. B) of Congress to review Supreme Court decisions to determine their constitutionality. C) of the Supreme Court to remove corrupt legislators and members of the executive branch. D) of state courts to determine if federal laws are consistent with the state's constitution. E) of the Supreme Court to determine the constitutionality of acts of Congress. E 37) ________ is generally considered to have been the most influential chief justice of the Supreme Court of the United States. A) John G. Roberts B) Earl Warren C) John Marshall D) William H. Rehnquist E) Roger Taney C 38) As chief justice, John Marshall initiated several reforms to strengthen the Court and the power of the chief justice, including A) revoking the authority of judicial review. B) meeting with his cousin Thomas Jefferson to avert conflict between the two branches of government. C) authoring more than 5000 opinions. D) eliminating writs of habeas corpus. E) instituting the writing of a single opinion of the Court. E 39) John Marshall can best be described as a A) Federalist. B) Tory. C) Son of Liberty. D) Whig. E) Anti-Federalist. A 40) The Supreme Court set the precedent that it has the power of judicial review in A) McCullough v. Maryland B) Chisholm v. Georgia C) Fletcher v. Peck D) Marbury v. Madison E) Virginia v. Black D 41) The doctrine of judicial review was established by A) Marbury v. Madison. B) Article III. C) Congress. D) the Judiciary Act of 1789. E) Chisholm v. Georgia. A 42) The belief that the Supreme Court should have the power of judicial review is included in A) the Fourteenth Amendment. B) Chisholm v. Georgia. C) the Bill of Rights. D) the Constitution. E) the Federalist Papers. E 43) State courts of original jurisdiction where cases begin are called A) appellate courts. B) select courts. C) district courts. D) original courts. E) trial courts. E 44) Before any state or federal court can hear a case, it must have ________, which is the authority to hear a case. 44) ______ A) jurisdiction B) the approval of the state or U.S. attorney C) legitimacy D) a hypothetical controversy E) none of the above A 45) Appellate courts usually A) determine the credibility of the facts of a case. B) hear bankruptcy cases. C) hear only civil cases. D) review the legal procedures of a case. E) hear only criminal cases. D 46) Courts with appellate jurisdiction typically A) determine factual matters in the case involved. B) review the factual record of a lower court for mistakes. C) review the legal procedures of a lower court for mistakes. D) hear evidence regarding the facts of the case. E) rubber stamp the decisions of trial courts. C 47) In a civil case, the party who brings a case against a defendant is referred to as the A) plaintiff. B) state. C) accused. D) attorney general. E) petitioner. A 48) ________ includes codes of behavior related to business and contractual relationships between groups and individuals. A) Criminal law B) Family law C) Civil law D) Constitutional law E) Natural law C 49) Which of the following is a legislative court? A) Federal District Courts B) Court of Military Appeals C) U.S. Supreme Court D) Federal Appellate Courts E) All of the above. B 50) Legislative courts A) have judges with life tenure. B) hear all federal cases involving laws passed by Congress. C) issue advisory opinions to Congress about the constitutionality of proposed legislation. D) are Article III courts. E) are created by Congress for special purposes. E 51) How many district courts does each state have? A) between zero and five, depending on the state's population B) one C) three D) at least one E) two D 52) The second most powerful court in the U.S. is the A) U.S. Court of Appeals for the New York Circuit. B) U.S. Court of Appeals for the Ninth Circuit. C) U.S. Court of Appeals for the Armed Forces. D) U.S. Court of Appeals for the District of Columbia Circuit. E) U.S. Court of Appeals for the Federal Circuit. D 53) The U.S. Court of Appeals for the D.C. Circuit is the second most powerful federal court because A) its decisions cannot be appealed to the Supreme Court. B) its decisions govern the regulatory agencies. C) it hears all cases involving disputes between a state and a citizen of another state. D) it issues advisory opinions for all cases where the Supreme Court has original jurisdiction E) it is a prerequisite for serving on the Supreme Court. B 54) The court that handles most cases involving federal regulatory agencies is the A) U.S. Court of Appeals for the Federal Circuit. B) First Circuit Court of Appeals. C) U.S. Court of Appeals for the D.C. Circuit. D) District Court for the District of Maryland. E) U.S. District Court for the Eastern District of Virginia. C 55) Which of the following is NOT a characteristic of the federal appellate courts? A) After a hearing in the appellate system, petitioners have an automatic right to review by the next level court. B) One circuit deals specifically with patents, contracts, and financial claims against the federal government. C) There are 13 Federal Courts of Appeal. D) The courts have appellate jurisdiction. E) The appeals court is allowed to review the legal proceedings of a case. No new testimony may be presented. A 56) The major purpose of the federal circuit courts of appeals is to A) hear new testimony that was not available at the original trial. B) provide more opportunities for senators to reward their supporters. C) review the decisions of judges in lower courts concerning the facts of a case. D) correct errors of law and procedure from lower courts. E) determine which cases will be heard by the U.S. Supreme Court. D 57) Who is the current Chief Justice of the United States? A) Clarence Thomas B) John Roberts C) William Rehnquist D) John Paul Stevens E) Antonin Scalia B 58) In court rulings, a reliance on past decisions to formulate decisions on new cases is called A) past is prologue. B) stare decisis. C) certiorari. D) solicitation. E) strict construction. B 59) A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature is known as 59) ______ A) the rule of four. B) stare decisis. C) writ of certiorari. D) presiding. E) precedent. E 60) If the Supreme Court decides to permit the use of the hallucinogenic hoasca tea in a religious service because it has previously allowed the use of hallucinogenic peyote in Native American religious services, it is applying the doctrine of A) fortuna opes auferre. B) amicus curiae. C) per curiam. D) seriatim. E) stare decisis. E 61) The justices of the Supreme Court are A) nominated by the president and confirmed by the House. B) nominated by the president and confirmed by the Senate. C) appointed by Congress and ratified by the president. D) nominated by the House and confirmed by the Senate. E) elected in nonpartisan balloting. B 62) How many associate justices serve on the Supreme Court? A) nine B) six C) seven D) eight E) ten D 63) Senatorial courtesy A) requires a majority of the Senate to invoke. B) is the deference a president gives to the preferences of home state senators of the president's party when nominating district court judges. C) refers to the norm in the Senate to be hostile to other senators. D) prevents political pressures from sneaking into the selection process for federal judges. E) refers to the right of a single senator to bar any judicial nomination. B 64) What is senatorial courtesy? A) The penchant for members of Congress to influence Supreme Court decisions. B) The practice of subjecting Supreme Court nominees to public hearings before voting on their confirmation. C) Presidential deference to the judicial preferences of home-state senators of the president's party. D) The ability of members of Congress to file amicus curiae briefs. E) Speaking contemptuously about other members of the Senate. C 65) What are recess appointments? A) appointments to the federal judiciary made by Congress when the president is overseas B) the ability of the president to appoint federal judges on a temporary basis if Congress is in recess C) rewards given by the president to those who loyally supported his campaign D) threats to withhold federal funds from the states of uncooperative senators E) All of the above. B 66) How many successful Supreme Court appointments has George W. Bush made? A) 0 B) 4 C) 2 D) 3 E) 1 C 67) In recent years, the congressional confirmation process for a president's Supreme Court nominees could best be described as A) a pie-eating contest. B) a rubber stamp. C) a slam dunk. D) contentious. E) a kitchen Cabinet. D 68) Qualifications for Supreme Court Justices can be found in which section of the Constitution? A) Article I B) Article II C) Article III D) The Amendments E) There are no Constitutional requirements for Supreme Court Justices. E 69) Which of the followed played a diminished role in George W. Bush's Supreme Court nominations? 69) ______ A) the Senate Judiciary Committee B) the American Bar Association C) the Federalist Society D) ideologues E) partisans B 70) Which of the following informal criteria for being nominated to the Supreme Court is less important than it used to be? A) Policy preferences B) Judicial experience C) Competence D) Religion E) Ideology D 71) Which of the following Supreme Court justices was the least likely to vote the way the president who appointed the justice would have hoped for? A) Clarence Thomas B) Stephen Breyer C) David Souter D) Antonin Scalia E) Ruth Bader Ginsburg C 72) The Supreme Court has had ________ African-American members in its history. A) two B) five C) one D) nine E) no A 73) The Supreme Court has had ________ female members in its history. A) seven B) no C) four D) eleven E) two E 74) Although it is unusual for justices to comment about the nomination process, A) Justice John Roberts quipped that "diversity of skin color does not make one eligible for service on the Court." B) Justice Ruth Bader Ginsburg threatened to resign if another woman was not appointed to replace Justice O'Connor. C) Justice Sandra Day O'Connor lamented that she was not replaced with another woman. D) Justices Antonin Scalia and Clarence Thomas publicly hailed the nominations of Justices John Roberts, Jr. and Samuel A. Alito. E) Justice Clarence Thomas sent a letter to major newspapers urging that more African Americans be placed on the Court. C 75) Over the years, the role of the American Bar Association in the nomination and confirmation process of judges to the federal courts has A) prevented qualified candidates from serving on the Supreme Court. B) retained its traditional importance during the administration of George W. Bush. C) been crucial because its rating of judges is given great weight by presidents of both parties. D) increased. E) decreased as the role of the Federalist Society has increased. E 76) While recent presidents have sent their judicial branch nominees to the American Bar Association for evaluation of their qualifications, George W. Bush abandoned this practice. Instead, George W. Bush has vetted his nominees through A) the National Association of Evangelicals. B) the Omnipotent Order of Osceola. C) the Order of Skull and Bones. D) the Association of Legal Scholars of America. E) the Federalist Society E 77) Which of the following nominees was NOT confirmed by the Senate largely as a result of lobbying by outside interests? A) Roberts B) Scalia C) Gonzalez D) Thomas E) Bork E 78) How well known are Supreme Court justices? A) A majority of Americans can only name one justice. B) About 80% of Americans can name at least one justice. C) A majority of American can name two or three justices. D) About 80% of Americans can only name one justice. E) A majority of Americans cannot name any justices. E 79) How many decisions did the Supreme Court issue in the 2005-2006 term? A) 412 B) 1181 C) 88 D) 9608 E) 5144 C 80) During the 2005-2006 term, approximately ________ cases were filed with the Supreme Court. 80) ______ A) 1,600 B) 14,400 C) 3,700 D) 900 E) 9,600 E 81) The U.S. Supreme Court has original jurisdiction in all cases EXCEPT A) cases affecting ambassadors. B) cases with other public ministers and consuls. C) those where two of the parties are states. D) those where one of the parties is a state. E) citizens seeking writs of mandamus. E 82) The Supreme Court will hear a case if ________ justices vote to do so. A) five B) four C) six D) three E) seven B 83) Cases heard by the Supreme Court are most likely to involve A) the Bill of Rights. B) the commerce clause. C) original jurisdiction. D) the elastic clause. E) the quartering clause. A 84) A request from the Supreme Court to order up the records of a lower court case so that the Court may review the case is known as a Writ of A) certiorari. B) habeas corpus. C) amicus curiae. D) Error. E) Mandamus. A 85) The Court is most likely to hear a case under which of the following circumstances? A) It concerns an issue on which the president and Congress agree. B) The federal government is the party asking for review of the case. C) The case involves consensus among the circuit courts over an issue of law. D) The case carries significant importance to America's allies. E) The case involves ideological or policy preferences of the justices. B ing to political scientists, the Supreme Court is most likely to hear a case for all of the following reasons EXCEPT when: A) it involves the ideological or policy preferences of the justices. B) the federal government is the party asking for review. C) it involves a civil rights or civil liberties question. D) there are conflicts among the circuit courts. E) a large amount of money is at stake. E 87) ________ has been referred to as the Court's "ninth and a half" member. A) The U.S. attorney general B) The surgeon general C) The chairman of the Senate Judiciary Committee D) The solicitor general E) The U.S. Department of Justice D 88) Who is most likely to write an amicus brief? A) the chief justice B) the chief justice if he is in the majority; the associate justice with the most seniority if the chief justice is in the minority C) the media D) Congress E) interest groups E 89) During conference, Supreme Court justices speak A) in order of ideology. B) in whatever order suits them. C) in order of seniority. D) in order of interest. E) in order of age. C 90) Political scientists have found that oral arguments before the Supreme Court serve several important functions, including I. allowing the media to observe part of the Court's workings. II. allowing a small segment of the public to observe part of the Court's workings. III. forcing lawyers to focus on those arguments the justices are most interested in. A) III B) I and II C) I, II, and III D) I and III E) I D 91) When a justice agrees with the decision of the Court but not the reasoning, he or she may write a ________ opinion. A) concordant B) dissenting C) secondary D) additional E) concurring E 92) The idea that judges should use their power broadly to further justice is called A) judicial moderation. B) judicial restraint. C) judicial activism. D) original intent. E) stare decisis. C 93) The idea that judges should allow the decisions of other branches to stand is called A) adherence to precedent. B) strict constructionism. C) judicial restraint. D) judicial flexibility. E) stare decisis. C 94) The idea that judges should refrain from making policy is referred to as A) stare decisis. B) judicial theology. C) judicial delegation. D) judicial restraint. E) judicial activism. D 95) Which of the following is an example of judicial activism? A) Gonzales v. Carhart B) Gregg v. Georgia C) Clinton v. Jones D) Brown v. Board of Education E) Plessy v. Ferguson D 96) Among the ________ looked at by some political scientists trying to explain Supreme Court decision making are childhood experiences, religious values, and previous careers. \ A) policy-making characteristics B) attitudes C) behavioral characteristics D) strategic strategies E) cultural experiences C 97) Some argue that Supreme Court justices will vote against hearing an interesting case if they think they will lose in the final decision. This would support the ________ model of judicial decision making. A) strict constructionist B) behavioral C) attitudinal D) activist E) strategic E 98) Judicial implementation is A) When judges use the power of the bench to influence policy. B) When judges emphasize the Framers' "Original Intent" when making decisions about constitutionality. C) How public opinion influences judicial decisions. D) When judges make decision based on those arrived at in the lower courts. E) How and whether judges' decisions are translated into actual policy E 99) Korematsu v. U.S. is as an example of A) how public opinion can influence the Supreme Court. B) how the Supreme Court can influence public opinion. C) how Congress can influence the Supreme Court. D) the inability of the Supreme Court to implement its decisions. E) pacifism on the Supreme Court. A 100) The Supreme Court's decision that permitted the internment of the Japanese Americans during World War II is as an example of 100) _____ A) how public opinion can influence the Supreme Court. B) a Supreme Court decision that was widely unpopular at the time, but which is now held in high regard. C) the Supreme Court's reliance on precedent. D) the dangers of stare decisis. E) the Supreme Court exercising judicial activism. A