Question 1

Which of the following is a broad, general consideration that affects the opinions of the federal courts in disputes involving the president?

Accepted Answer

A)  congressional speeches 
B)  international politics 
C)  public opinion polls 
D)  ideological convictions 
A)  congressional speeches 
B)  international politics 
C)  public opinion polls 
D)  ideological convictions D

Question 2

Justice Robert Jackson's concurring opinion in the case of Youngstown Sheet & Tube Co. v. Sawyer had the effect of expanding __________ power.

Accepted Answer

A)  congressional 
B)  executive 
C)  judicial 
D)  corporate 
A)  congressional 
B)  executive 
C)  judicial 
D)  corporate B

Question 3

The Line Item Veto Act allowed presidents to __________.

Accepted Answer

A)  remove any expenditure that did not have a tax increase to pay for it from a bill and send it back to Congress without vetoing the entire piece of legislation 
B)  remove any tax credit or new expenditure from a bill and send it back to Congress without vetoing the entire piece of legislation 
C)  remove tax provisions from bills and add spending provisions without congressional approval 
D)  remove spending items from a bill and impound the funds for projects that the president preferred without a congressional response 
A)  remove any expenditure that did not have a tax increase to pay for it from a bill and send it back to Congress without vetoing the entire piece of legislation 
B)  remove any tax credit or new expenditure from a bill and send it back to Congress without vetoing the entire piece of legislation 
C)  remove tax provisions from bills and add spending provisions without congressional approval 
D)  remove spending items from a bill and impound the funds for projects that the president preferred without a congressional response B

Question 4

The source of many of the confrontations between the executive branch and the judiciary is cases in which __________.

Accepted Answer

A)  the president has directly tried to implement policy without the bureaucracy 
B)  a particular agency's interpretation of a law is called into dispute 
C)  the president and Congress agree on the meaning and intent of policy 
D)  the president has ordered the bureaucracy to begin executing a law that is yet to be passed by Congress 
A)  the president has directly tried to implement policy without the bureaucracy 
B)  a particular agency's interpretation of a law is called into dispute 
C)  the president and Congress agree on the meaning and intent of policy 
D)  the president has ordered the bureaucracy to begin executing a law that is yet to be passed by Congress

Question 5

The decision by the Supreme Court in Bush v. Gore illustrates the ability of the Court to __________.

Accepted Answer

A)  be above politics in deciding cases 
B)  become involved in politics 
C)  be nonpartisan in political cases 
D)  put institutional legitimacy ahead of politics 
A)  be above politics in deciding cases 
B)  become involved in politics 
C)  be nonpartisan in political cases 
D)  put institutional legitimacy ahead of politics

Question 6

The principle of jurisprudence holding that only those parties with sufficient connection to harm can bring suit is known as __________.

Accepted Answer

A)  case law 
B)  stare decisis 
C)  ripeness 
D)  standing 
A)  case law 
B)  stare decisis 
C)  ripeness 
D)  standing

Question 7

Which statement supports the argument that politics looms large in judicial appointments?

Accepted Answer

A)  Presidents routinely ignore the judicial ratings of the ABA. 
B)  Presidents never appoint judges who are from an opposing political party. 
C)  Presidents regularly appoint judges who share their partisan affiliation. 
D)  Presidents always appoint people that they know personally. 
A)  Presidents routinely ignore the judicial ratings of the ABA. 
B)  Presidents never appoint judges who are from an opposing political party. 
C)  Presidents regularly appoint judges who share their partisan affiliation. 
D)  Presidents always appoint people that they know personally.

Question 8

Senatorial courtesy is a __________.

Accepted Answer

A)  congressional mandate 
B)  constitutional requirement 
C)  written rule 
D)  norm of behavior 
A)  congressional mandate 
B)  constitutional requirement 
C)  written rule 
D)  norm of behavior

Question 9

Which Supreme Court justice was in dissent on the decision in Bush v. Gore?

Accepted Answer

A)  Ruth Bader Ginsburg 
B)  Antonin Scalia 
C)  William Rehnquist 
D)  Sandra Day O'Connor 
A)  Ruth Bader Ginsburg 
B)  Antonin Scalia 
C)  William Rehnquist 
D)  Sandra Day O'Connor

Question 10

The purpose of the principles of jurisprudence such as stare decisis, standing, and ripeness is to guide judges in __________.

Accepted Answer

A)  the deployment of their ideological beliefs in their case rulings, so that each case has internal logic, whether or not it fits the logic of other cases 
B)  different policy contexts and historical periods, so that the sum total of their decisions makes sense 
C)  the writing of opinions, so as to ensure that all decisions are unanimous 
D)  similar policy contexts in different historical periods, so that each ruling is narrow and specific 
A)  the deployment of their ideological beliefs in their case rulings, so that each case has internal logic, whether or not it fits the logic of other cases 
B)  different policy contexts and historical periods, so that the sum total of their decisions makes sense 
C)  the writing of opinions, so as to ensure that all decisions are unanimous 
D)  similar policy contexts in different historical periods, so that each ruling is narrow and specific

Question 11

If you subscribe to the political question doctrine, what belief would you hold?

Accepted Answer

A)  All legal questions are inherently political questions. 
B)  The judiciary was clearly meant to solve political questions. 
C)  Questions surrounding the nomination process are overtly political. 
D)  The judiciary should not settle disputes that are essentially political. 
A)  All legal questions are inherently political questions. 
B)  The judiciary was clearly meant to solve political questions. 
C)  Questions surrounding the nomination process are overtly political. 
D)  The judiciary should not settle disputes that are essentially political.

Question 12

In which model of judicial review do judges interpret the Constitution according to different judicial philosophies?

Accepted Answer

A)  ripeness model 
B)  standing model 
C)  legal model 
D)  case model 
A)  ripeness model 
B)  standing model 
C)  legal model 
D)  case model

Question 13

The nomination of Samuel Alito to the Supreme Court by George Bush supports which statement regarding the nomination process?

Accepted Answer

A)  Presidents routinely take stock of a nominee's views on presidential power. 
B)  Presidents focus primarily on legal qualifications when choosing a nominee. 
C)  Presidents have no interest in the partisan affiliations of nominees. 
D)  Presidents often choose nominees who are their political opposites. 
A)  Presidents routinely take stock of a nominee's views on presidential power. 
B)  Presidents focus primarily on legal qualifications when choosing a nominee. 
C)  Presidents have no interest in the partisan affiliations of nominees. 
D)  Presidents often choose nominees who are their political opposites.

Question 14

The Solicitor General's record in advocating for the federal government over time can best be described as __________.

Accepted Answer

A)  total failure 
B)  rarely winning 
C)  winning as often as losing 
D)  enjoying high levels of success 
A)  total failure 
B)  rarely winning 
C)  winning as often as losing 
D)  enjoying high levels of success

Question 15

Questions that are considered to be in the "twilight zone" are usually centered on __________.

Accepted Answer

A)  differing interpretations of the meaning of a law by the president and Congress 
B)  disputes between Congress and the president that are essentially political 
C)  similar interpretations of the language of congressional statutes by the president and Congress 
D)  conflicts of interest on matters of policy between the president and the courts 
A)  differing interpretations of the meaning of a law by the president and Congress 
B)  disputes between Congress and the president that are essentially political 
C)  similar interpretations of the language of congressional statutes by the president and Congress 
D)  conflicts of interest on matters of policy between the president and the courts

Question 16

What was the goal of the judicial branch in the case of Ex parte Milligan?

Accepted Answer

A)  to return powers delegated by Congress to the presidency 
B)  to regain powers the president had seized by fiat 
C)  to restore powers that Congress had taken from the executive 
D)  to recommend powers of the legislative branch be given to the executive 
A)  to return powers delegated by Congress to the presidency 
B)  to regain powers the president had seized by fiat 
C)  to restore powers that Congress had taken from the executive 
D)  to recommend powers of the legislative branch be given to the executive

Question 17

Which statement best characterizes the ruling in Clinton v. City of New York?

Accepted Answer

A)  The Supreme Court will not allow Congress to delegate its constitutional powers to the presidency. 
B)  The Supreme Court will always support grants of congressional powers to the executive branch. 
C)  The Supreme Court rarely tolerates political disputes between the legislative and executive branches. 
D)  The Supreme Court is highly suspicious of congressional actions to restrict the constitutional power of the president. 
A)  The Supreme Court will not allow Congress to delegate its constitutional powers to the presidency. 
B)  The Supreme Court will always support grants of congressional powers to the executive branch. 
C)  The Supreme Court rarely tolerates political disputes between the legislative and executive branches. 
D)  The Supreme Court is highly suspicious of congressional actions to restrict the constitutional power of the president.

Question 18

Which statement best characterizes the consequences of the Supreme Court's decision in the Youngstown Sheet & Tube Co. v Sawyer case?

Accepted Answer

A)  In theory, the decision essentially mandated that all presidential actions be subject to judicial review, but in practice, the courts have rarely held presidents accountable for the constitutionality of their actions. 
B)  In theory, the decision essentially demarcated the space where presidential actions were subject to judicial review, but in practice, the courts have deferred to executive branch interpretations. 
C)  In theory, the decision essentially demarcated the space where presidential actions were not subject to judicial review, but in practice, the courts have deferred to legislative branch interpretations of what that space constituted. 
D)  In theory, the decision essentially established the nature of a political question, but in practice, the courts have generally preferred to let political questions be sorted out by the other two branches of government. 
A)  In theory, the decision essentially mandated that all presidential actions be subject to judicial review, but in practice, the courts have rarely held presidents accountable for the constitutionality of their actions. 
B)  In theory, the decision essentially demarcated the space where presidential actions were subject to judicial review, but in practice, the courts have deferred to executive branch interpretations. 
C)  In theory, the decision essentially demarcated the space where presidential actions were not subject to judicial review, but in practice, the courts have deferred to legislative branch interpretations of what that space constituted. 
D)  In theory, the decision essentially established the nature of a political question, but in practice, the courts have generally preferred to let political questions be sorted out by the other two branches of government.

Question 19

The decision of Baker v. Carr represented an effort by the Supreme Court to __________.

Accepted Answer

A)  reassert the dominance of the Court as the primary arbiter of foreign relations issues 
B)  create clear guidelines for the use of stare decisis in all cases involving an abuse of executive power 
C)  establish the Court's power of judicial review in light of attempts to gain power by the executive branch 
D)  further clarify the contours of the political question doctrine by outlining key areas that should typically be considered political questions 
A)  reassert the dominance of the Court as the primary arbiter of foreign relations issues 
B)  create clear guidelines for the use of stare decisis in all cases involving an abuse of executive power 
C)  establish the Court's power of judicial review in light of attempts to gain power by the executive branch 
D)  further clarify the contours of the political question doctrine by outlining key areas that should typically be considered political questions

Question 20

In the case of United States v. Nixon, the president claimed which power that would allow him to refuse to disclose confidential information?

Accepted Answer

A)  executive order 
B)  executive privilege 
C)  executive proclamation 
D)  executive agreement 
A)  executive order 
B)  executive privilege 
C)  executive proclamation 
D)  executive agreement

Which of the following is a broad, general consideration that affects the opinions of the federal courts in disputes involving the president?

Justice Robert Jackson's concurring opinion in the case of Youngstown Sheet & Tube Co. v. Sawyer had the effect of expanding __________ power.

The Line Item Veto Act allowed presidents to __________.

The source of many of the confrontations between the executive branch and the judiciary is cases in which __________.

The decision by the Supreme Court in Bush v. Gore illustrates the ability of the Court to __________.

The principle of jurisprudence holding that only those parties with sufficient connection to harm can bring suit is known as __________.

Which statement supports the argument that politics looms large in judicial appointments?

Senatorial courtesy is a __________.

Which Supreme Court justice was in dissent on the decision in Bush v. Gore?

The purpose of the principles of jurisprudence such as stare decisis, standing, and ripeness is to guide judges in __________.

If you subscribe to the political question doctrine, what belief would you hold?

In which model of judicial review do judges interpret the Constitution according to different judicial philosophies?

The nomination of Samuel Alito to the Supreme Court by George Bush supports which statement regarding the nomination process?

The Solicitor General's record in advocating for the federal government over time can best be described as __________.

Questions that are considered to be in the "twilight zone" are usually centered on __________.

What was the goal of the judicial branch in the case of Ex parte Milligan?

Which statement best characterizes the ruling in Clinton v. City of New York?

Which statement best characterizes the consequences of the Supreme Court's decision in the Youngstown Sheet & Tube Co. v Sawyer case?

The decision of Baker v. Carr represented an effort by the Supreme Court to __________.

In the case of United States v. Nixon, the president claimed which power that would allow him to refuse to disclose confidential information?

Constitutional Origins

An Institutional Presidency

Power and the Institutional Presidency

The Nomination of Presidents

General Elections

Transitions of Governance

Negotiating With Congress

Unilateral Powers

Political Control of the Bureaucracy

Public Opinion and the Media

Domestic Policy

Foreign Policy

Economic Policy

Wartime Policymaking at Home

Appedix: Introduction Thinking Institutionally about an American Presidency

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Exam 10: Presidential Relations With the Federal Judiciary

Which of the following is a broad, general consideration that affects the opinions of the federal courts in disputes involving the president?

Justice Robert Jackson's concurring opinion in the case of Youngstown Sheet & Tube Co. v. Sawyer had the effect of expanding __________ power.

The Line Item Veto Act allowed presidents to __________.

The source of many of the confrontations between the executive branch and the judiciary is cases in which __________.

The decision by the Supreme Court in Bush v. Gore illustrates the ability of the Court to __________.

The principle of jurisprudence holding that only those parties with sufficient connection to harm can bring suit is known as __________.

Which statement supports the argument that politics looms large in judicial appointments?

Senatorial courtesy is a __________.

Which Supreme Court justice was in dissent on the decision in Bush v. Gore?

The purpose of the principles of jurisprudence such as stare decisis, standing, and ripeness is to guide judges in __________.

If you subscribe to the political question doctrine, what belief would you hold?

In which model of judicial review do judges interpret the Constitution according to different judicial philosophies?

The nomination of Samuel Alito to the Supreme Court by George Bush supports which statement regarding the nomination process?

The Solicitor General's record in advocating for the federal government over time can best be described as __________.

Questions that are considered to be in the "twilight zone" are usually centered on __________.

What was the goal of the judicial branch in the case of Ex parte Milligan?

Which statement best characterizes the ruling in Clinton v. City of New York?

Which statement best characterizes the consequences of the Supreme Court's decision in the Youngstown Sheet & Tube Co. v Sawyer case?

The decision of Baker v. Carr represented an effort by the Supreme Court to __________.

In the case of United States v. Nixon, the president claimed which power that would allow him to refuse to disclose confidential information?

Constitutional Origins

An Institutional Presidency

Power and the Institutional Presidency

The Nomination of Presidents

General Elections

Transitions of Governance

Negotiating With Congress

Unilateral Powers

Political Control of the Bureaucracy

Public Opinion and the Media

Domestic Policy

Foreign Policy

Economic Policy

Wartime Policymaking at Home

Appedix: Introduction Thinking Institutionally about an American Presidency

Filters