Question 1

Marshall's ruling in Marbury v. Madison is a testament to his strategic political skills for which of the following reasons?

Accepted Answer

A)   It gave Marshall's political principal, Marbury, virtually everything he sought.
B)   Marshall actually had another justice write the opinion and Marshall dissented, thus avoiding blame for the controversy.
C)   It led to Marshall ultimately being chosen as Jefferson's Vice President in his second term.
D)   It did not command the other political actors to do anything to affirm the Court's authority.E) B) and D)
F) B) and C)

Question 2

How did Marshall's reasoning in Marbury v. Madison affect the balance of power between the Court and Congress?

Accepted Answer

A)   Through a clear and powerful interpretation of the Constitution, Marshall demonstrated that the Framers intended that the Court exercise judicial review.
B)   His opinion highlighted the critical role that presidents play in making appointments and ensuring that the President had sufficient staff to choose qualified individuals.
C)   He argued that the Constitution was superior to ordinary laws, and therefore, any legislative acts contrary to the Constitution is not law.
D)   Exploiting the political divisions in the country, Marshall fashioned an opinion that appealed to everyone and demonstrated that the Court was the only nonpolitical actor.E) C) and D)
F) B) and D)

Question 3

Following the civil rights era, the Court began to start rolling back what constitutional interpretation?

Accepted Answer

A)   a broad reading of the necessary and proper clause
B)   the notion of dual citizenship
C)   the generous interpretation of the take care clause
D)   the expansive view of the commerce clauseE) B) and C)
F) A) and D)

Question 4

Presidential nominations to the federal bench ______.

Accepted Answer

A)   focus solely on the skills and qualifications of nominees and exclude any considerations of region, race, or religion
B)   can significantly shift judicial policy when one party controls the presidency over time through the cumulative impact of nominations
C)   are noncontroversial affairs as senators generally defer to the President's wishes since the Constitution grants the President a first-mover advantage
D)   generally move at a consistent pace through a President's administration to ensure that cases are disposed of promptlyE) All of the above
F) A) and B)

Question 5

The dramatic conversion of the Supreme Court agenda and its view of federal power came about through which of the following?

Accepted Answer

A)   institutional reform
B)   the replacement of retiring justices with new ones
C)   a constitutional amendment limiting the Court's jurisdiction
D)   congressional action limiting the Court's jurisdictionE) None of the above
F) B) and C)

Question 6

After the Supreme Court's decision in Marbury v. Madison, it immediately started to strike down a large number of laws Congress passed as unconstitutional.

Accepted Answer

A) True 
 B)False  False

Question 7

What was one of the major economic problems caused by the Articles of Confederation that brought the delegates together in Philadelphia?

Accepted Answer

A)   state support of slavery
B)   the federal government infringing on states' rights
C)   state governments infringing on federal jurisdiction
D)   state raids on property rightsE) C) and D)
F) A) and B) D

Question 8

As the Supreme Court has freed itself to focus on cases that contain important, unresolved policy issues, the proportion of controversial cases has increased dramatically, and thus there are higher numbers of dissenting and concurring opinions.

Accepted Answer

A) True 
 B)False

Question 9

What was Justice Owen Roberts's "switch in time that saved nine?"

Accepted Answer

The reaction to FDR's court-pa...

Question 10

What is an amicus curiae brief?

Accepted Answer

Friend of the court ...

Question 11

Why was the election of 1800 a pivotal event for constitutional developments in the United States?

Accepted Answer

A)   It was the first time presidential elections were conducted under the Twelfth Amendment.
B)   Had power not been transferred peacefully, it would have put the integrity of the Constitution in doubt and future politicians would have a prisoner's dilemma of abiding by the rules or reneging.
C)   The concerns over the transition of power illustrated the trade-offs between transaction costs and conformity costs.
D)   The questions surrounding the peaceful transfer of power raised important questions about the tragedy of the commons and the willingness of the defeated party to use arcane constitutional moves to protect their power.E) B) and C)
F) A) and D)

Question 12

Which of the following statements about Supreme Court decisions concerning state regulations of business is accurate?

Accepted Answer

A)   The Court defined the public interest very precisely and provided the states with wide latitude to regulate all types of businesses.
B)   The Court defined the public interest very precisely and prohibited the states from engaging in most forms of regulation.
C)   The Court struggled to develop a consistent doctrine for defining the public interest so the courts were inundated with these cases.
D)   The Court struggled to develop a consistent doctrine for defining the public interest so it meant that few cases were filed and the issue was eventually resolved by Congress.E) A) and B)
F) A) and C)

Question 13

Writs of certiorari ______.

Accepted Answer

A)   force the justices to take a hard, strategic look at petitions before promoting them, so political strategy is an important consideration
B)   provide the Supreme Court with an opportunity to consider cases but a majority of justices must agree to hear the case argued
C)   can only be read by the justices to protect confidential information so justices generally do not accept writs of certiorari
D)   usually mean that once the Court has decided to hear a case there is a clear majority for reaching a decisionE) A) and B)
F) A) and C) A

Question 14

Evidence of the Supreme Court's historical sympathy for protecting property rights can be seen in its interpretation of the language of the Fourteenth Amendment, which defined corporations as persons to invoke which of the following?

Accepted Answer

A)   the doctrine of nullification
B)   the due process clause
C)   federal desegregation laws
D)   the necessary and proper clauseE) B) and D)
F) B) and C)

Question 15

In 1905, in Lochner v. New York, the Supreme Court struck down a New York law restricting which of the following?

Accepted Answer

A)   the ability of Congress to limit hours worked per day by women
B)   the right of women to work the same number of hours as men
C)   the work hours of bakers to ten hours a day or sixty hours a week
D)   right to a 40-hr work weekE) C) and D)
F) B) and C)

Question 16

The acceptance of judicial review following the decision in Marbury v. Madison was ______.

Accepted Answer

A)   affirmed by the other branches over time by establishing precedent
B)   quickly overturned by Congress once the Federalists regained control
C)   quickly affirmed by the other branches of government as a reasonable compromise
D)   ignored by the other branches since the Supreme Court could not enforce its decisionsE) A) and D)
F) All of the above

Question 17

John Marshall maintained that the national government's legitimacy was both independent of and superior to that of the individual states for which of the following reasons?

Accepted Answer

A)   The national government had been approved directly by the citizenry in special ratification conventions.
B)   The national government had been approved directly by the states in special ratification conventions.
C)   The national government had been approved directly by the House and Senate in special ratification conventions.
D)   The national government had more resources, including a larger standing army.E) A) and B)
F) A) and C)

Question 18

What was the real purpose of President Franklin Delano Roosevelt's court-packing plan?

Accepted Answer

A)   implementing mandatory retirement ages for judges so that Roosevelt could appoint new judges who would be sympathetic to his New Deal programs.
B)   the opportunity to appoint as many as six new justices that would give the Court a majority of justices sympathetic to his New Deal programs
C)   the opportunity to appoint as many as six new justices that would give the Court a majority of justices who would consistently rule congressional actions unconstitutional
D)   the opportunity to appoint as many as six new justices that would give the Court a majority of justices who would be sympathetic to the United States fighting in EuropeE) A) and C)
F) C) and D)

Question 19

Jefferson's response to the appointment of members of the defeated Federalist Party by Adams to the federal judiciary was a complaint that ______.

Accepted Answer

A)   the Federalists had "retired into the judiciary as a strong hold"
B)   those appointed to the federal bench by Adams were too old and viewed the job as a retirement of sorts
C)   he wanted to bring criminal charges against some of the men appointed to the judiciary by Adams but could not because of judicial immunity
D)   the judicial branch had exerted an unconstitutional independenceE) B) and C)
F) B) and D)

Question 20

Marshall's explanation of the necessary and proper clause of the Constitution can be summed up as allowing congressional action ______.

Accepted Answer

A)   only when the President certifies that the action is necessary and proper for the administration of justice
B)   only if the action is explicitly provided for in the Constitution
C)   as long as the executive agreed with the action and it was not specifically prohibited by the Constitution
D)   as long as the means are plainly adapted to achieve an enumerated power and not specifically prohibited by the ConstitutionE) All of the above
F) B) and C)

Exam 9: The Federal Judiciary

Marshall's ruling in Marbury v. Madison is a testament to his strategic political skills for which of the following reasons?

Correct AnswerverifiedShow Answer

How did Marshall's reasoning in Marbury v. Madison affect the balance of power between the Court and Congress?

Correct AnswerverifiedShow Answer

Following the civil rights era, the Court began to start rolling back what constitutional interpretation?

Correct AnswerverifiedShow Answer

Presidential nominations to the federal bench ______.

Correct AnswerverifiedShow Answer

The dramatic conversion of the Supreme Court agenda and its view of federal power came about through which of the following?

Correct AnswerverifiedShow Answer

After the Supreme Court's decision in Marbury v. Madison, it immediately started to strike down a large number of laws Congress passed as unconstitutional.

Correct AnswerverifiedFalse

What was one of the major economic problems caused by the Articles of Confederation that brought the delegates together in Philadelphia?

Correct AnswerverifiedD

As the Supreme Court has freed itself to focus on cases that contain important, unresolved policy issues, the proportion of controversial cases has increased dramatically, and thus there are higher numbers of dissenting and concurring opinions.

Correct AnswerverifiedShow Answer

What was Justice Owen Roberts's "switch in time that saved nine?"

Correct AnswerverifiedThe reaction to FDR's court-pa...View AnswerShow Answer

What is an amicus curiae brief?

Correct AnswerverifiedFriend of the court ...View AnswerShow Answer

Why was the election of 1800 a pivotal event for constitutional developments in the United States?

Correct AnswerverifiedShow Answer

Which of the following statements about Supreme Court decisions concerning state regulations of business is accurate?

Correct AnswerverifiedShow Answer

Writs of certiorari ______.

Correct AnswerverifiedA

Evidence of the Supreme Court's historical sympathy for protecting property rights can be seen in its interpretation of the language of the Fourteenth Amendment, which defined corporations as persons to invoke which of the following?

Correct AnswerverifiedShow Answer

In 1905, in Lochner v. New York, the Supreme Court struck down a New York law restricting which of the following?

Correct AnswerverifiedShow Answer

The acceptance of judicial review following the decision in Marbury v. Madison was ______.

Correct AnswerverifiedShow Answer

John Marshall maintained that the national government's legitimacy was both independent of and superior to that of the individual states for which of the following reasons?

Correct AnswerverifiedShow Answer

What was the real purpose of President Franklin Delano Roosevelt's court-packing plan?

Correct AnswerverifiedShow Answer

Jefferson's response to the appointment of members of the defeated Federalist Party by Adams to the federal judiciary was a complaint that ______.

Correct AnswerverifiedShow Answer

Marshall's explanation of the necessary and proper clause of the Constitution can be summed up as allowing congressional action ______.

Correct AnswerverifiedShow Answer

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The reaction to FDR's court-pa...
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Friend of the court ...
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A

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