Deck 10: Presidential Relations With the Federal Judiciary

Question 1

Which statement best characterizes the relationship between the federal courts and the President?

A) There are clear limits imposed by Congress on the ability of judges to rule on cases involving the presidency.
B) There are powerful and undisputed limits on the ability of judges to rule on cases involving the presidency.
C) There are no limits on the ability of judges to rule as they see fit on cases involving the presidency.
D) There are broad classes of consideration that weigh on judges as they render opinions on cases involving the president.

Answer 1

There are broad classes of consideration that weigh on judges as they render opinions on cases involving the president.

Question 2

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

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

Answer 2

ideological convictions

Question 3

What is the principle of jurisprudence that binds judges to past precedent?

A) ad hoc
B) stare decisis
C) amicus curiae
D) ex ante

Answer 3

stare decisis

Question 4

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

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

Question 5

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

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

Question 6

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

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 7

Although there is a considerable amount of evidence supporting the legal model, which of the following would support continuing to question the model?

A) Judges have no flexibility in the cases and precedents that are used in judicial decisions.
B) Judges routinely cite legal principles and case law when authoring decisions.
C) Judges exercise considerable discretion in choosing which cases and precedents to cite in their decisions.
D) Judges rarely use precedent and case law when authoring key legal decisions.

Question 8

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

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 9

If you believe that judicial decisions are based primarily on ideological considerations, you would embrace the __________ model of judicial review.

A) attitudinal
B) legal
C) ripeness
D) stare decisis

Question 10

What is the most important determinant of judicial decisions?

A) religious background of justices
B) where the judges attended law school
C) ideologies of the judges
D) gender of the judges

Question 11

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

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

Question 12

Which argument would be supported by the writings of Alexander Hamilton in Federalist 78 regarding the federal judiciary?

A) The courts are effectively dependent on the executive branch of government.
B) The courts are positioned to completely dominate American politics.
C) The courts are a strong protector of individual freedom.
D) The courts have no meaningful role in the constitutional system of government.

Question 13

The view that a judge's judgment on a legal matter is inviolable is known as the cult of __________.

A) ex post
B) stare decisis
C) Hamilton
D) the robe

Question 14

What might happen when opposition is mobilized against the judiciary and executive enforcement is uncertain?

A) The courts may temporarily decline to render a decision.
B) The courts will be unable to issue a majority opinion.
C) The courts may choose to ignore stare decisis.
D) The courts will defer to Congress.

Question 15

Which statement is best illustrated by the Court's ruling in its decision regarding the constitutionality of the Affordable Care Act?

A) It is most directly the decisions of Congress that influence judicial actions.
B) The actions motivating judicial decisions are overt and clear.
C) It is incredibly difficult to parse the possible motivations for justices' actions.
D) The actions motivating the decisions of various justices are clearly indicated in the majority opinion.

Question 16

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

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 17

The power of judicial review was developed in the __________.

A) legal decision in the case of Marbury v. Madison
B) statutory language of the Administrative Procedures Act
C) constitutional language surrounding the take-care clause
D) writings of Alexander Hamilton in Federalist 78

Question 18

Who is advantaged by the political question doctrine?

A) the courts
B) citizens
C) the president
D) Congress

Question 19

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

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

What does the political question doctrine make clear?

A) The judiciary will not intervene in disputes between the executive and legislative branches when it is clear that the issue at stake is clearly political.
B) The judiciary will not intervene to arbitrate political disputes between the other two branches government unless they receive a request to do so from the president.
C) The judiciary is the only neutral branch of government capable of solving political disputes.
D) The judiciary should take the lead on setting the policy agenda through its resolution of political questions.

Question 21

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

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

Question 22

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

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 23

The president enters the "zone of twilight" described in the Supreme Court's Youngstown decision when he or she __________.

A) fails to act with the explicit authorization of Congress
B) acts with the explicit authorization of Congress
C) acts without explicit congressional authorization
D) refuses to act without explicit congressional authorization

Question 24

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

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 25

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

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 26

The decision of the Supreme Court in the case of Chevron U.S.A., Inc. v. National Resources Defense Council, Inc. demonstrates the tendency of the courts to __________.

A) uphold the judgments of the executive branch
B) rule using their ideology as guide
C) favor Congress over the executive branch
D) make rulings on fundamentally political questions

Question 27

The siding of the Supreme Court with agencies such as the Department of Defense and the US International Trade Commission in cases specifically related to their areas of competence is good example of the __________.

A) political question doctrine
B) principle of standing
C) principle of administrative deference
D) "zone of twilight"

Question 28

Who serves as the federal government's primary advocate before the Supreme Court?

A) Solicitor General
B) Attorney General
C) White House chief of staff
D) vice president

Question 29

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

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

Question 30

If you were the Solicitor General and wanted to influence the Supreme Court in a case involving an important federal law in which the government was not specifically named as a party, you could __________.

A) file an amicus curiae brief
B) ask for an ex post decision
C) call for a stare decisis ruling
D) move for standing in the case

Question 31

Research on the relationships between Solicitors General and presidents suggests that Solicitors General __________.

A) never let partisan commitments influence their handling of a case
B) always side with Congress over the president on political questions
C) often challenge the president on key policy issues
D) usually share the same commitments as the president

Question 32

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

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

Question 33

Why did the Supreme Court, in the case of United States v. Nixon, reject Nixon's claim that he had a right to refuse to disclose confidential information?

A) That right did not extend to a Justice Department investigation if the release of information did not compromise national security.
B) No such power was granted to the executive branch under the Constitution, and thus withholding information was unconstitutional.
C) That right could not apply in any case involving information critical to questions of policy, even if the release of information compromised national security.
D) Such a right applied only to requests for information by Congress, and not to requests for information by the courts through a subpoena.

Question 34

What was a consequence of the Supreme Court's ruling in United States v. Nixon?

A) It increased the number of circumstances under which the president could withhold information from Congress.
B) It restricted the circumstances under which the president could withhold information from other parts of the executive branch.
C) It enhanced presidential dominance over the other branches of government by strengthening executive privilege.
D) It reduced the total power of the presidency by declaring the power of executive privilege unconstitutional.

Question 35

Black Monday refers to what event?

A) the stock market crash leading to the Great Depression
B) the announcement of three major Supreme Court decisions, all against FDR's administration
C) the overriding of the presidential veto on a proposal to expand the Supreme Court
D) the bursting of the housing bubble that triggered the Great Recession

Question 36

Had it passed, the Judicial Procedures Reform Bill would have allowed Roosevelt to __________.

A) fire Supreme Court justices
B) reduce the pensions of Supreme Court justices
C) appoint more justices to the Supreme Court
D) veto Supreme Court decisions

Question 37

Which of the following was revealed in the aftermath of Roosevelt's Supreme Court packing plan?

A) Presidents will expand power relative to the judiciary in periods of economic crisis, but those powers are always lost when the crisis is resolved.
B) It is relatively easy for presidents to expand their institutional powers, and the judiciary effectively has no means of resistance.
C) Presidential overreach will often engender a swift institutional rebuke, but the Supreme Court has a difficult time resisting power encroachments without compromise.
D) The efforts of presidents to increase their powers are always met with unyielding resistance from the Supreme Court without question or compromise.

Question 38

The Line Item Veto Act allowed presidents to __________.

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

Question 39

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

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 40

__________ is the principle that presidents should not be subject to civil prosecution for actions that relate to their official duties in office.

A) Executive privilege
B) Presidential immunity
C) The political question doctrine
D) Executive agreement

Question 41

The Supreme Court allowed the case of Clinton v. Jones to go forward because it involved __________.

A) actions by Clinton that violated state laws
B) actions taken by Clinton as president
C) criminal charges against Clinton
D) actions taken by Clinton before was president

Question 42

Which case best illustrates a confrontation between the Supreme Court and a president in which the Court overturned the president's policy decisions?

A) Nixon v. Fitzgerald
B) United States v. Nixon
C) Clinton v. Jones
D) Ex parte Milligan

Question 43

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

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 44

Every full-term president in office since World War II has appointed more than __________ justices to the federal judiciary.

A) 100
B) 300
C) 500
D) 700

Question 45

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

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 46

Roughly what percentage of Obama's district and appellate court appointments were members of his own party?

A) 60
B) 70
C) 80
D) 90

Question 47

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

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 48

Senatorial courtesy is a __________.

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

Question 49

Why does the nominations process get more complicated at the appellate level?

A) the political stakes are much higher
B) the confirmation vote requires a super-majority
C) citizens pay a lot more attention
D) there are more appellate positions to fill

Question 50

Which statement about Supreme Court nominations is accurate?

A) The Senate is less likely to confirm a nominee for the Supreme Court than for other levels of the federal judiciary.
B) Nominations for the Supreme Court are considerably less political than other federal judicial nominations.
C) The Senate is more likely to grant senatorial courtesy to Supreme Court nominees than to other nominees.
D) Supreme Court nominees always express their ideological views during the nominations process unlike nominees for other judicial vacancies.

Question 51

As a judge serving on the federal bench, what factors weigh on you as render decisions and adjudicate disputes relating to the president? How do these factors differ from each other? Would one factor take precedence over the others? Provide examples.

Question 52

Describe the evolution of the political question doctrine and how the Court has applied it to questions of executive‒legislative relations. Discuss specific Court cases in your answer.

Question 53

You have been selected as the Solicitor General. How does the conduct of your job reflect the relationship that you have with the president? How have previous Solicitors General described your role?

Question 54

Describe Roosevelt's court-packing scheme and assess its outcome on the relationship between the judicial and executive branch. What institutional lessons did the outcome offer?

Question 55

What distinguishes the politics of Supreme Court nominations from the politics of other judicial branch nominations?