Which of the following BEST encapsulates the norm of consensus?
Although he disagreed with the other eight justices, Justice Costa joined the majority to form a 9-0 decision in the case.
The majority of the justices felt the appeal of the lower court's decision did not warrant their consideration, so they refused to take it.
Justice Gillian argued strongly with each of the two four-judge sides before finally joining one of them to make a 5-4 decision.
All of the justices believed strongly that the lower court's ruling was unconstitutional, and so they overturned the decision of the lower court.
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Terms in this set (20)
Which of the following sections of the United States Constitution is most related to the case Marbury v. Madison (1803)?
Article III
The difference between an appellate court and a district court is that an appellate court
reviews previous court decisions
Which of the following is true of most federal judges appointed by the president?
They serve for life on good behavior unless impeached and convicted by Congress.
The doctrine of original intent holds that
the meaning of the Constitution depends on the intention of the framers
Which of the following best describes the relationship between the Supreme Court and public opinion?
The existence of a public consensus on an issue limits the extent to which the Court will render decisions contrary to that consensus.
Which of the following statements best describes the Supreme Court's actions with respect to disputes between Congress and the President?
The Court generally has tried to avoid deciding conflicts between Congress and the President.
In 1998, Goodyear employee Lilly Ledbetter filed suit against her employer for pay discrimination based on her gender. Though Ledbetter was initially successful, Goodyear appealed the decision and the case went to the Supreme Court. In Ledbetter v. Goodyear Tire and Rubber Co. (2007), the Supreme Court ruled that the Civil Rights Act of 1964 requires that sex discrimination complaints must be made within 180 days "after the alleged unlawful employment practice occurred," which Ledbetter had failed to do. Which of the following actions could be taken to reverse the impact of the decision?
Congress could enact legislation to amend Title VII of the Civil Rights Act.
Which of the following United States Supreme Court cases established the principle of judicial review?
Marbury v. Madison
During his confirmation hearing, Chief Justice John Roberts stated that Roe v. Wade (1973) "is the settled law of the land." This statement suggests that in a case that challenges the constitutionality of legislation restricting privacy and reproductive rights, which of the following should be a key factor in the court's ruling?
Reliance on legal precedent
Which of the following best explains the principle of stare decisis?
It encourages judges to follow precedent when deciding cases.
Presidents have had the most success in changing the direction of decisions of the federal judiciary by
using the appointment process to select judges with judicial philosophies similar to those of the President
In Worcester v. Georgia (1832), the United States Supreme Court ruled that a Georgia law violated the U.S. Constitution. In response to Chief Justice John Marshall's majority opinion, President Andrew Jackson said, "John Marshall has made his decision, now let him enforce it." Which of the following ideas regarding government does President Jackson's statement exhibit?
Since the Supreme Court has no enforcement mechanism, the executive and legislative branches can restrict its decisions.
Which of the following best defines the term "judicial activism"?
The tendency of judges to interpret the Constitution according to their own views
In The Federalist 78, Alexander Hamilton states, "A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning." Which of the following Supreme Court cases is most relevant to this statement?
Marbury v. Madison (1803)
Which of the following scenarios best illustrates the concept of a case being decided based on precedent?
The Supreme Court bases its decision in a case involving the commerce clause on one of its earlier decisions involving the commerce clause.
The Supreme Court's power of judicial review permits the Court to overrule all of the following EXCEPT
the Bill of Rights
All of the following serve as checks on the power of the federal courts EXCEPT:
The voters can oust federal judges in national elections.
Which of the following actions can Congress take if the Supreme Court finds a federal law unconstitutional?
Try to amend the Constitution.
The Supreme Court's decision in Marbury v. Madison (1803) relates to foundational documents in which of the following ways?
The Federalist 78 is about the power and role of the federal courts, and in Marbury v. Madison, Madison expands that role by giving the courts the power to determine whether laws or executive actions conflict with the Constitution.
A United States Supreme Court justice has announced his retirement at the end of the current Supreme Court term. What is the most likely presidential action in response to this announcement?
Nominate a federal judge who shares the president's ideology
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