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Get faster at matching terms Terms in this set (45)Which of the following clauses of the Constitution could the Supreme Court have used when deciding the case Marbury v. Madison (1803) ? "The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made." Which of the following cases was most likely to derive the basis of its decision from the argument presented in The Federalist No. 78 that states: "that, accordingly, whenever a particular statute [contradicts] the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former"? Marbury v. Madison (1803) When deciding Marbury v. Madison (1803), which of the following excerpts from The Federalist No. 51 could best be used to help Chief Justice John Marshall write the argument in favor of judicial review? "But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others." Which of the following scenarios exemplifies the principle of stare decisis? A majority opinion of the United States Supreme Court dealing with school segregation states that the decision follows the precedent established in Brown v. Board of Education of Topeka (1954). In the case Randall v. Sorrell (2006), Supreme Court Justice Stephen Breyer argued that following judicial precedent "avoids the instability and unfairness that accompany disruption of settled legal expectations. For this reason, the rule of law demands that adhering to our prior case law be the norm. Departure from precedent is exceptional and requires special justification." Justice Breyer is referring to which of the following legal principles? Stare decisis In its 2003 decision, McConnell v. Federal Election Commission (2003), the Supreme Court upheld the Bipartisan Campaign Reform Act's (BCRA) restriction on independent campaign spending by corporations and unions. However, in a 5-4 decision in the case Citizens United v. Federal Election Commission (2010), the Supreme Court overturned this decision when it ruled that the government cannot ban independent political spending by a corporation or union because it is protected by the First Amendment. Which of the following is the most likely explanation for the Supreme Court's deciding to overturn the precedent it established just 7 years earlier? There were ideological changes in the composition of the members of the Supreme Court due to presidential appointments. In the case Brown v. Board of Education of Topeka (1954), the Supreme Court ruled that school segregation was unconstitutional. Following the ruling, schools were ordered to desegregate, but at a high school in Little Rock, Arkansas, the governor ordered the state's National Guard to prevent African American students from entering the school. Only when President Eisenhower placed the National Guard under federal control and ordered troops to protect the students were they permitted to enter. This scenario illustrates which of the following? Controversial decisions by the court are often challenged and action is sometimes required to ensure enforcement by other branches of government. In 1973, the United States Supreme Court handed down the controversial Roe v. Wade decision striking down state laws banning abortion. In response, many pro-life groups have organized to have the decision overturned. Which of the following represents an action that these groups are most likely to take to achieve their goal? Become more actively involved in presidential campaigns so that presidential candidates will pledge to appoint justices who favor overturning Roe v. Wade. Which of the following is a likely response by another branch of government to a controversial decision such as Engel v. Vitale (1962) which declared that school-sponsored prayer was a violation of the First Amendment? Congress could strip the Supreme Court of appellate jurisdiction on cases dealing with prayer in school. On June 27, 1989, President George H.W. Bush called for the Flag Desecration Amendment, which would prohibit desecration of the American flag. Bush's comments were in response to the United States Supreme Court's 5—4 decision in Texas v. Johnson, which held that a state law banning desecration of the flag was in violation of the First Amendment. Which of the following explains why the president asked for a constitutional amendment to be passed? A constitutional amendment would force the Supreme Court to accept the constitutionality of the anti-flag burning laws in subsequent cases. On September 23, 1957, President Dwight Eisenhower signed a proclamation mandating the use of Arkansas National Guard members and federal armed forces to enforce the United States Supreme Court's decision in Brown v. Board of Education (1954) in Little Rock, Arkansas. Which limitation on judicial power is demonstrated in this scenario? State and local government can refuse to enforce Supreme Court decisions. during a television interview on July 1, 2018, Senator Lindsey Graham stated that "one of the concepts that really means a lot in America is stare decisis. That means you don't overturn precedent unless there's a good reason." About which ongoing debate was Senator Graham sharing his position? Judicial activism versus judicial restraint Which of the following explains the role of interest groups in the iron triangle diagram? Interest groups contact the bureaucracy on behalf of voters who need problems solved. One key interaction that Congress has with the bureaucracy as part of the iron triangle is to increase the budget and authority of the bureaucracy to regulate industry Which of the following best explains the concept of the iron triangle, as illustrated in the diagram? To show how interest groups, Congress, and the bureaucracy interact in a public policy area On January 30, 2017, President Donald Trump signed an executive order requiring that for each new regulation added, at least two existing regulations be eliminated. Which combination of government actors has the power to fulfill President Trump's executive order? Bureaucratic departments and agencies Title IX of the Education Amendments of 1972 was a law passed by Congress prohibiting discrimination based on sex. Which of the following describes how the policy is being implemented? The bureaucracy will create rules for enforcement and will have the discretion to implement those rules. On July 31, 2018, the United States Department of Education announced in the Federal Register its intention to establish a committee focusing on the implementation of federal programs. Which is the likely product of this committee's work? Rule-making Which of the following is an accurate conclusion based on the data illustrated in the bar chart? Despite the increased power of the president, the budget authority is still a major feature of congressional power. Which of the following is a correct interpretation of the data in the bar chart? The president is not supportive of the EPA, but members of Congress have checked the president's power by not approving a cut in funding for the agency. Which of the following statements about the relationship between Congress and the executive branch is best illustrated by the bar chart? The budget process enables Congress to check the power of the executive branch. Which of the following is the most effective action that a president can pursue to address the issue of improper payments, as shown in the table? The president can require the relevant cabinet secretaries to devise a plan to address the issue of improper payments. Which of the following is an action that Congress would most likely take to address the issues illustrated by the data in the table? Congress can hold the bureaucracy accountable by calling on leaders from departments and agencies responsible for the improper payments to testify before committees. NOTE: By law, the federal government must award 23 percent of all U.S. government contracts to small businesses. Which of the following best explains why Congress has used its power to help certain types of businesses obtain federal contracts, as shown in the table? Congress is ensuring that the bureaucracy is accountable to groups other than large corporations. Which of the following is the correct pairing of procedures or rules of each house of the legislative branch? House of Representatives: Which of the following correctly describes the facts in Shaw v. Reno (1993) ? Redistricting in order to confine minority voters to a majority in one district was challenged under the Fourteenth Amendment. Which of the following is likely to occur as a result when Congress refuses to act as a check on the power of the president, according to the main idea of the passage? The president will be able to push the limits of constitutional authority. Note: "All Other Programs" consist of all mandatory programs other than Social Security and the major health care programs, as well as defense and nondefense discretionary programs. According to the line graph, which budget category will account for the least spending in 2024? Net interest According to the passage, an attempt by Congress to place limitations on presidential power through legislation led to which of the following? A signing statement by the president that declared that the legislation would not limit presidential power President Theodore Roosevelt took his case directly to the American people to gain public support for his progressive reform initiatives by appearing in a movie newsreel. This type of presidential communication is an example of which of the following? Using the bully pulpit Which of the following is an accurate pair of descriptions of the two chambers of Congress? House of
Representatives According to the passage, which of the following occurred as a direct result of the congressional resolution authorizing action against al-Qaeda? President Bush interpreted it broadly to allow him to conduct the war on terrorism without much further consultation with Congress. Which of the following was the ruling in Shaw v. Reno (1993) ? Racial gerrymandering violates the Fourteenth Amendment. Which of the following best describes the holding in Baker v. Carr (1962) ? Congressional redistricting is subject to judicial review. Which of the following is a trend based on the data? The more chambers of Congress the president's party controls, the less likely the president is to veto a bill. Note: "All Other Programs" consist of all mandatory programs other than Social Security and the major health care programs, as well as defense and nondefense discretionary programs. Social Security will account for how about much of projected spending in 2024, according to the line graph? Six percent Prior to his confirmation, Democrats on the Senate Committee on Health, Education, Labor and Pensions questioned President Trump's Secretary of Health and Human Services Tom Price about the ethics of some of his investments. He was eventually confirmed with support of Republicans in the Senate. This check on presidential power illustrates that the process of confirming members of the president's Cabinet can lead to conflict with members of the Senate Which of the following is the best example of a president using technology to communicate and obtain public support for a public policy agenda? President John F. Kennedy outlining Cold War challenges and urging Americans to civic action in his inaugural address Which of the following statements is supported by the data in the information graphic? Democratic presidents issued more executive orders than Republican presidents did between 1945 and 2016. In which year did the federal government experience its highest surplus based on the bar graph? 2000 On February 13, 2016, following the death of Supreme Court Justice Antonin Scalia, Senate Majority Leader Mitch McConnell issued a statement that the Supreme Court vacancy should be left to the next president of the United States, who would be elected that November. Nonetheless, President Obama nominated circuit judge Merrick Garland to fill the vacancy. The Senate judiciary committee never hel because federal judges are lifetime appointments, Senate confirmation can oftentimes be challenging The House and the Senate have some different constitutional responsibilities. Which of the following pairs correctly matches House and Senate constitutional responsibilities? House of Representatives Which of the following is the best example of a president using the bully pulpit? A president making a televised speech to gain public support for a policy initiative In a press briefing, the White House press secretary issues a statement criticizing members of Congress who refuse to act on the president's judicial nominees to the federal courts. This scenario best illustrates which of the following? Members of the White House staff are strategically used to help the president pass an agenda.
Which of the following statements about the use of executive agreements by presidents is supported by the data in the pie charts? The percentage of international agreements that were executive agreements has increased since 1839. Recommended textbook solutions Magruder's American Government1st EditionSavvas Learning Co 555 solutions United States Government: Principles in Practice (Florida)1st EditionLuis Ricardo Fraga 825 solutions
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Which of the following is the most likely explanation for the Supreme Courts deciding to overturn the precedent it established just 7 years earlier?
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