Question 1

Marbury v. Madison (1803) is widely believed to be the most important Supreme Court case in American history. What was this case about? Why is it that no matter what specific party to the case won, Chief Justice John Marshall would lose? How did he turn it to his advantage? Why does that make it the most important case in American history?

Accepted Answer

Marbury v. Madison (1803) was a landmark case that established the principle of judicial review in the United States. The case centered around a political dispute between outgoing President John Adams and incoming President Thomas Jefferson. Adams had appointed William Marbury as a justice of the peace in the District of Columbia, but Jefferson's Secretary of State, James Madison, refused to deliver Marbury's commission.

The case ultimately reached the Supreme Court, where Chief Justice John Marshall faced a dilemma. If he ruled in favor of Marbury, it could be seen as an act of defiance against the new administration. On the other hand, if he ruled against Marbury, it could be viewed as a sign of weakness and deference to the executive branch.

However, Chief Justice Marshall was able to turn the situation to his advantage by asserting the power of the Supreme Court to review and invalidate acts of Congress that were deemed unconstitutional. This established the principle of judicial review, which gave the Supreme Court the authority to interpret the Constitution and strike down laws that were found to be in conflict with it.

This case is considered the most important in American history because it firmly established the role of the Supreme Court as the ultimate arbiter of the Constitution. It asserted the principle of checks and balances among the branches of government and solidified the Court's power to interpret the law. The decision in Marbury v. Madison fundamentally shaped the balance of power in the United States and laid the groundwork for the modern system of constitutional law.

Question 2

Why did Brown v. Board of Education eventually lead to school desegregation?

Accepted Answer

A)   Presidents Eisenhower and Kennedy were willing to federalize the National Guard to enforce the ruling at schools and universities.
B)   Elected officials throughout the nation respected the Supreme Court as a nonpolitical institution and believed in following the rule of law even if they disagreedWith the decision.
C)   There was near-unanimous public support for the ruling, which made itsEnforcement easy.
D)   The Supreme Court threatened more drastic changes in the next decision if this one was not followed closely.
E)   The Supreme Court initiated impeachment proceedings against elected officials who did not comply with the ruling. A

Question 3

Although judicial review is an accepted part of the U.S. political system, critics of judicial review contend that it:

Accepted Answer

A)   provides too much power to the majority.
B)   is undemocratic because it gives nine unelected judges enormous power.
C)   is undemocratic because a minority of the Court can affect national policy.
D)   creates liberal bias in the system because most justices are former lawyers from Ivy League universities.
E)   creates a conservative bias in the system because most justices tend to favor theStatus quo. B

Question 4

What criteria are used to determine when the Supreme Court will hear a case that appeals for a writ of certiorari? To what degree do the political views of the justices play a role here? What impact does this have on the role of the Supreme Court in our political system?

Accepted Answer

The answer of What criteria are used to determine when...

Question 5

In November 2013, Democrats sped up the confirmation process of federal judges (except for those to the Supreme Court) by doing what?

Accepted Answer

A)   getting rid of senatorial courtesy
B)   allowing the Speaker to nominate a candidate first
C)   eliminating the filibuster for such positions
D)   having the president pick from a nonpartisan-approved list
E)   only nominating those with previous judicial experience

Question 6

Rule 10 of the Rules of the Supreme Court of the United States says that a case is more likely to be heard under all of the following conditions EXCEPT:

Accepted Answer

A)   when there is conflict between appeals court decisions.
B)   when there is conflict between a federal appeals court and a state supreme court on a substantial federal question.
C)   when a lower court decision has departed from the accepted and usual course of judicial proceedings.
D)   when a lower court decision is inconsistent with or contrary to the original intent of the framers of the Constitution.
E)   when a state supreme court or appeals court ruling conflicts with Supreme Court precedent.

Question 7

Which of the following would submit an amicus curiae brief?

Accepted Answer

A)   defendant
B)   prosecution
C)   judge
D)   interest group
E)   plaintiff

Question 8

The early details of the Supreme Court, including setting the number of justices at six and determining its internal organization, were established in:

Accepted Answer

A)   the Preamble to the Constitution.
B)   the Judiciary Act of 1789.
C)   Marbury v. Madison (1803) .
D)   Federalist 78.
E)   Article I of the Constitution.

Question 9

Unlike the first hundred years of the Supreme Court's history, more recent Supreme Courts have displayed an increased tendency toward:

Accepted Answer

A)   making unanimous decisions.
B)   employing political justifications for overturning precedent.
C)   expressing minority views through dissents.
D)   ruling in favor of the side with public opinion behind it.
E)   ignoring precedent completely.

Question 10

What was the justification for refusing to issue Marbury his commission in Marbury v. Madison (1803)?

Accepted Answer

A)   Marbury was not a U.S. citizen and therefore was ineligible for a job on theFederal court.
B)   The Court ruled that President Adams's appointment of Marbury was an abuse of executive power and illegal.
C)   The Court ruled that President Adams's appointment of Marbury could not stand because it occurred after the election of 1800, which Adams lost.
D)   The Court ruled that only the president, and not the Supreme Court, had the power to issue the order.
E)   The Supreme Court could not issue the order to someone holding federal office because it was not part of the Supreme Court's original jurisdiction outlinedIn the Constitution.

Question 11

Which of the following lists accurately describes the order in which the Supreme Court acts?

Accepted Answer

A)   writ of certiorari, submission of briefs, oral argument, conference
B)   conference, oral argument, writ of certiorari, submission of briefs
C)   submission of briefs, oral argument, conference, writing of opinion
D)   submission of briefs, writ of certiorari, writing of opinion, conference
E)   writ of certiorari, submission of briefs, conference, oral argument

Question 12

A special concurrence is one in which:

Accepted Answer

A)   a justice agrees with the majority but has something more to add.
B)   a justice disagrees with outcome of the case and the rationale.
C)   a justice agrees with the rationale but not with the outcome.
D)   a justice agrees with the outcome and the rationale.
E)   a justice agrees with the outcome but not with the rationale.

Question 13

Many criminal and civil cases are settled without a trial through plea bargaining.

Accepted Answer

A) True 
 B)False

Question 14

Describe the process of appealing a case to the Supreme Court up to the point at which the Court issues a majority opinion. Explain each step, identifying important rules that the Supreme Court follows and noting the important actors.

Accepted Answer

The answer of Describe the process of appealing a case...

Question 15

What is the difference between criminal cases and civil cases? Why do these differences exist? Should these differences exist? Why or why not?

Accepted Answer

The answer of What is the difference between criminal cases...

Question 16

The most direct action the Supreme Court can take to gain compliance is to:

Accepted Answer

A)   force Congress to cooperate by striking down as many of its laws as possible.
B)   issue narrowly written opinions on visible cases.
C)   appeal to the public for support in getting the rest of the government to cooperate.
D)   write broad and vague opinions that give other actors a "way out" if they do not want to cooperate for political reasons.
E)   issue an order that threatens to initiate impeachment proceedings.

Question 17

What is the purpose of submitting an amicus curiae brief?

Accepted Answer

A)   Amicus curiae briefs are usually written by former judges, giving them considerable weight with the federal court system.
B)   Amicus curiae briefs are written to show support for the lower court's ruling.
C)   Amicus curiae briefs allow interest groups and other organizations to convey their opinions to the Court.
D)   Amicus curiae briefs designate that the federal government has an interest in the outcome of the case.
E)   Amicus curiae briefs are often written anonymously and then leaked to the press in an effort to influence public opinion.

Question 18

The Supreme Court tends to be responsive to the views of the public, Congress, and the president because of the nature and frequency of Supreme Court elections.

Accepted Answer

A) True 
 B)False

Question 19

The image of Justice as a blindfolded woman holding a set of scales is:

Accepted Answer

A)   an accurate symbol of how fair and impartial the U.S. justice system has proven to be throughout the nation's history.
B)   somewhat misleading because politics still affects everything from the selection of judges to the decisions they make.
C)   an idealized vision of American justice but one that is under threat by those who advocate a living Constitution perspective.
D)   an idealized vision of American justice but one that the nation can never live up to as long as there are those who cling to an originalist perspective.
E)   not a realistic portrayal of American justice because our legal system still favors some segments of society over others.

Question 20

How does the Supreme Court gain compliance with the decisions it issues?

Accepted Answer

A)   It relies mainly on the cooperation of Congress and the president.
B)   It issues penalties, fines, and orders to noncompliant government officials.
C)   It can freeze the budget of government agencies that do not enforce its decisions.
D)   The Constitution specifies that noncompliance with a Supreme Court ruling is grounds for the immediate impeachment and removal of a federal official.
E)   It usually depends on the public to put pressure on the president and Congress to comply with the decision.

Exam 14: The Courts

Why did Brown v. Board of Education eventually lead to school desegregation?

Although judicial review is an accepted part of the U.S. political system, critics of judicial review contend that it:

What criteria are used to determine when the Supreme Court will hear a case that appeals for a writ of certiorari? To what degree do the political views of the justices play a role here? What impact does this have on the role of the Supreme Court in our political system?

In November 2013, Democrats sped up the confirmation process of federal judges (except for those to the Supreme Court) by doing what?

Rule 10 of the Rules of the Supreme Court of the United States says that a case is more likely to be heard under all of the following conditions EXCEPT:

Which of the following would submit an amicus curiae brief?

The early details of the Supreme Court, including setting the number of justices at six and determining its internal organization, were established in:

Unlike the first hundred years of the Supreme Court's history, more recent Supreme Courts have displayed an increased tendency toward:

What was the justification for refusing to issue Marbury his commission in Marbury v. Madison (1803) ?

Which of the following lists accurately describes the order in which the Supreme Court acts?

A special concurrence is one in which:

Many criminal and civil cases are settled without a trial through plea bargaining.

Describe the process of appealing a case to the Supreme Court up to the point at which the Court issues a majority opinion. Explain each step, identifying important rules that the Supreme Court follows and noting the important actors.

What is the difference between criminal cases and civil cases? Why do these differences exist? Should these differences exist? Why or why not?

The most direct action the Supreme Court can take to gain compliance is to:

What is the purpose of submitting an amicus curiae brief?

The Supreme Court tends to be responsive to the views of the public, Congress, and the president because of the nature and frequency of Supreme Court elections.

The image of Justice as a blindfolded woman holding a set of scales is:

How does the Supreme Court gain compliance with the decisions it issues?