1) A quasi-judicial process in which a bureaucratic agency settles disputes between two parties is
called administrative
A) supplementation.
B) discretion.
C) justice.
D) adjudication.
E) meditation.
2) Which of the following best describe the George W. Bush administrationʹs position regarding
Title IX?
A) Funding for womenʹs collegiate athletics should be equal to funding for menʹs collegiate
athletics.
B) There should be an equal number of sports teams for womenʹs collegiate athletics as for
menʹs collegiate athletics.
C) There should be an equal number of women collegiate athletes as men collegiate athletes.
D) Womenʹs collegiate athletics should receive less funding than menʹs collegiate athletics
because there is less interest in womenʹs athletics.
E) Women should be discouraged from participating in collegiate athletics because of their
ʺdelicate disposition and volatile temperament.ʺ
3) In 1997 and 1998, Congress conducted hearings to investigate
A) potential abuse of ordinary citizens by the IRS.
B) why the IRS was not strictly enforcing tax laws.
C) why the IRS was more likely to audit poor Americans than middle class Americans.
D) ways in which the IRS can collect a greater percentage of taxes owed.
E) why Enron paid no income taxes in four out the last five years, despite the fact that it
was one of Americaʹs most profitable companies.
4) How has George W. Bush advanced a conservative, evangelical Christian agenda?
A) by requiring religious tests to hold office
B) by strengthening the wall of separation between church and state
C) by appointing those with similar evangelical beliefs
D) by issuing an executive order that prohibits all abortions
E) by increasing funding to family planning organizations.
5) In order to shape policy and direct the bureaucracy, the president can issue
A) laws.
B) edicts.
C) executive orders.
D) executive agreements.
E) subpoenas.
6) Which of the following is a check on the bureaucracy that only the Senate can exercise?
A) reducing funding for an agency
B) confirming presidential appointments
C) impeaching executive branch officials
D) holding congressional hearings
E) abolishing Cabinet-level departments
7) Who can create or abolish federal departments and agencies?
A) the president
B) the vice president
C) the Executive Oversight Agency
D) Congress
E) the states
8) What is the most frequently used form of congressional oversight?
A) impeachment
B) impoundment
C) proactive oversight
D) police patrol oversight
E) fire alarm oversight
9) Congress can oversee the bureaucracy by
A) holding congressional committee hearings.
B) using the power of the purse.
C) requiring congressional review of agency regulations.
D) transferring agency functions.
E) All of the above.
10) Who is least likely to support stricter CAFE standards?
A) Starbucks
B) Ford Motor Company
C) McDonalds
D) the Sierra Club
E) Wal-Mart
11) Which bureaucracy helps Congress oversee the bureaucracy?
A) the Office of Maintenance and Bureaucracy (OMB)
B) the Capitol Response Service (CRS)
C) the Congressional Oversight Committee (COC)
D) the Government Accountability Office (GAO)
E) the Federal Reserve Board (the Fed)
12) The judiciary can oversee the bureaucracy by
A) issuing injunctions preventing agency rules from going into effect.
B) cutting off funding for under-performing programs.
C) filing lawsuits alleging wrongdoing on the part of a bureaucracy.
D) impeaching high-level executive branch officials.
E) refusing to grant ʺletters of appointmentʺ to political appointees, even if they have been
confirmed by the Senate.
Saturday, March 24, 2012
Chapter 9.3 Pages 329 to 335
1) A business established by government that performs functions that could be provided by the
private sector is called a(n)
A) independent regulatory commission.
B) government corporation.
C) clientele agency.
D) executive agency.
E) pluralistic agency.
2) An example of a government corporation is
A) the United Parcel Service.
B) Federal Express.
C) the National Aeronautics and Space Administration.
D) Amtrak.
E) the National Science Foundation.
3) The Tennessee Valley Authority was established to
A) promote economic development in Tennessee.
B) provide electricity to a part of the country that had not been served by private utilities.
C) ensure the continued provision of rail transportation.
D) help the South recover from reconstruction.
E) provide jobs to displaced Appalachian coal miners.
4) The Environmental Protection Agency is a(n)
A) independent regulatory agency.
B) independent executive agency.
C) government corporation.
D) Cabinet department.
E) clientele agency.
5) The law enacted in 1939 to prohibit federal employees from becoming directly involved in
political campaigns was called the
A) Campaign Reform Act.
B) Federal Employees Political Activities Act.
C) Pendleton Act.
D) Help America Vote Act.
E) Hatch Act.
6) Federal employees are prohibited from engaging in which of the following election-related
activities?
A) running for office in a nonpartisan election
B) voting
C) contributing money to a campaign
D) campaigning for a person in a partisan election
E) engaging in political activity while on duty
7) The process by which a law or policy is put into operation by the bureaucracy is known as
A) implementation.
B) adjudication.
C) supplementation.
D) sequestration.
E) fertilization.
8) The loose and informal relationships that exist among a large number of actors who work in
broad policy areas are known as
A) iron triangles.
B) interagency councils.
C) cooperative back scratching.
D) issue networks.
E) interagency substructures.
9) Most bureaucrats have some leeway in their ability to make choices regarding the best way to
implement policies. This is called
A) rule-making.
B) administrative discretion.
C) adjudication.
D) selective extrapolation.
E) elasticity.
10) As established by the Administrative Procedures Act, bureaucratic rule-making requires all of
the following EXCEPT
A) a thirty-day period before the rules take effect.
B) publication in the Federal Register.
C) an opportunity for written public input.
D) that the statutory purpose and basis of the proposed rule be stated.
E) that Congress submit a written statement that the proposed rule complies with federal
law.
private sector is called a(n)
A) independent regulatory commission.
B) government corporation.
C) clientele agency.
D) executive agency.
E) pluralistic agency.
2) An example of a government corporation is
A) the United Parcel Service.
B) Federal Express.
C) the National Aeronautics and Space Administration.
D) Amtrak.
E) the National Science Foundation.
3) The Tennessee Valley Authority was established to
A) promote economic development in Tennessee.
B) provide electricity to a part of the country that had not been served by private utilities.
C) ensure the continued provision of rail transportation.
D) help the South recover from reconstruction.
E) provide jobs to displaced Appalachian coal miners.
4) The Environmental Protection Agency is a(n)
A) independent regulatory agency.
B) independent executive agency.
C) government corporation.
D) Cabinet department.
E) clientele agency.
5) The law enacted in 1939 to prohibit federal employees from becoming directly involved in
political campaigns was called the
A) Campaign Reform Act.
B) Federal Employees Political Activities Act.
C) Pendleton Act.
D) Help America Vote Act.
E) Hatch Act.
6) Federal employees are prohibited from engaging in which of the following election-related
activities?
A) running for office in a nonpartisan election
B) voting
C) contributing money to a campaign
D) campaigning for a person in a partisan election
E) engaging in political activity while on duty
7) The process by which a law or policy is put into operation by the bureaucracy is known as
A) implementation.
B) adjudication.
C) supplementation.
D) sequestration.
E) fertilization.
8) The loose and informal relationships that exist among a large number of actors who work in
broad policy areas are known as
A) iron triangles.
B) interagency councils.
C) cooperative back scratching.
D) issue networks.
E) interagency substructures.
9) Most bureaucrats have some leeway in their ability to make choices regarding the best way to
implement policies. This is called
A) rule-making.
B) administrative discretion.
C) adjudication.
D) selective extrapolation.
E) elasticity.
10) As established by the Administrative Procedures Act, bureaucratic rule-making requires all of
the following EXCEPT
A) a thirty-day period before the rules take effect.
B) publication in the Federal Register.
C) an opportunity for written public input.
D) that the statutory purpose and basis of the proposed rule be stated.
E) that Congress submit a written statement that the proposed rule complies with federal
law.
Friday, March 23, 2012
Chapter 9.2 Pages 321 to 329
1) During the New Deal, thousands of unemployed Americans were hired to complete public
projects under the
A) Interstate Commerce Commission.
B) Works Progress Administration.
C) Federal Emergency Management Agency.
D) Department of New Deal Programs.
E) Committee to Reelect the President.
2) The Federal Government grew during all of the following times EXCEPT
A) World War I.
B) World War II.
C) the New Deal.
D) The Great Society.
E) the Clinton Administration.
3) The largest number of civilian federal employees works for
A) the executive branch.
B) the judicial branch.
C) the legislative branch.
D) the U.S. Postal Service.
E) the press corps.
4) Nearly one-third of all federal civilian employees work for the
A) Department of Defense.
B) Department of State.
C) Department of Commerce.
D) U.S. Postal Service.
E) Central Intelligence Agency.
5) A typical low-level federal civilian employee gets her job by
A) helping the president win election or reelection.
B) knowing the right person.
C) doing well enough on a civil service exam.
D) bribing the correct person.
E) giving sufficient campaign contributions.
6) Under the George W. Bush administration, the number of political appointees
A) was cut in half.
B) shrank by about 33 percent.
C) shrank by about 25 percent.
D) stayed about the same.
E) increased by about 33 percent.
7) Higher-level civil servants are typically
A) overpaid.
B) minorities.
C) older.
D) younger.
E) uneducated.
8) Most civilian federal employees work for
A) cabinet departments.
B) government corporations.
C) independent agencies.
D) regulatory commissions.
E) state governments.
9) All of the following are cabinet-level departments EXCEPT the
A) Department of Justice.
B) Department of Business.
C) Department of Energy.
D) Department of Veterans Affairs.
E) Department of Labor.
10) Which agencies are subject to the most intense outside lobbying efforts?
A) clientele agencies
B) large agencies
C) independent executive agencies
D) administrative agencies
E) judicial agencies
projects under the
A) Interstate Commerce Commission.
B) Works Progress Administration.
C) Federal Emergency Management Agency.
D) Department of New Deal Programs.
E) Committee to Reelect the President.
2) The Federal Government grew during all of the following times EXCEPT
A) World War I.
B) World War II.
C) the New Deal.
D) The Great Society.
E) the Clinton Administration.
3) The largest number of civilian federal employees works for
A) the executive branch.
B) the judicial branch.
C) the legislative branch.
D) the U.S. Postal Service.
E) the press corps.
4) Nearly one-third of all federal civilian employees work for the
A) Department of Defense.
B) Department of State.
C) Department of Commerce.
D) U.S. Postal Service.
E) Central Intelligence Agency.
5) A typical low-level federal civilian employee gets her job by
A) helping the president win election or reelection.
B) knowing the right person.
C) doing well enough on a civil service exam.
D) bribing the correct person.
E) giving sufficient campaign contributions.
6) Under the George W. Bush administration, the number of political appointees
A) was cut in half.
B) shrank by about 33 percent.
C) shrank by about 25 percent.
D) stayed about the same.
E) increased by about 33 percent.
7) Higher-level civil servants are typically
A) overpaid.
B) minorities.
C) older.
D) younger.
E) uneducated.
8) Most civilian federal employees work for
A) cabinet departments.
B) government corporations.
C) independent agencies.
D) regulatory commissions.
E) state governments.
9) All of the following are cabinet-level departments EXCEPT the
A) Department of Justice.
B) Department of Business.
C) Department of Energy.
D) Department of Veterans Affairs.
E) Department of Labor.
10) Which agencies are subject to the most intense outside lobbying efforts?
A) clientele agencies
B) large agencies
C) independent executive agencies
D) administrative agencies
E) judicial agencies
Wednesday, March 21, 2012
Chapter 9.1 Pages 318 to 321
1) The ability of a victorious president to fire current executive branch employees and hire
loyalists instead is known as
A) the loyalty oath.
B) the spoils system.
C) perks.
D) encumbrances.
E) a right of passage.
2) The Civil War led to
A) an expansion of the bureaucracy.
B) a contraction of the bureaucracy.
C) the end of the spoils system.
D) the creation of the Department of War.
E) the abolition of the Department of State.
3) Under the Pendleton Act, civil servants were to be selected on the basis of
A) the spoils system.
B) patronage.
C) seniority.
D) party affiliation.
E) merit.
4) An agency created by Congress that is generally concerned with a specific aspect of the
economy is called
A) a bureau of the first class.
B) a committee on correspondence.
C) an independent regulatory commission.
D) a Cabinet-level agency.
E) a self-serving agency.
5) The Department of Commerce and Labor was established by ________ to oversee and regulate
intolerable labor practices and employer-employee relations.
A) Abraham Lincoln
B) James Garfield
C) Teddy Roosevelt
D) Franklin Delano Roosevelt
E) Dwight Eisenhower
6) The number of federal executive branch employees has
A) increased steadily since the founding.
B) increased steadily since the New Deal.
C) increased steadily since the Great Society.
D) decreased steadily since the New Deal.
E) decreased under Presidents Bill Clinton and George W. Bush.
7) The number of federal government employees was largest
A) in the wake of the September 11, 2001 terrorist attacks.
B) during the Civil War.
C) during World War I.
D) during the New Deal and World War II.
E) during the Great Society.
8) In 1914, the Wilson administration created the ________ to protect small business and the
public from unfair competition.
A) Interstate Commerce Commission
B) Department of Economic Affairs
C) Department of Commerce
D) National Labor Relations Board
E) Federal Trade Commission
9) How did the Sixteenth Amendment enable the federal government to expand?
A) It permitted an income tax which could be used to fund numerous government
programs.
B) It permitted the federal government to regulate interstate commerce, thereby expanding
its authority.
C) It prohibited the states from regulating intrastate commerce, allowing the federal
government to take over in this domain.
D) It authorized Congress to ʺwhatever laws may be necessary in Times of Economic Peril
or Crisis.ʺ
E) It authorized Congress to create the Interstate Commerce Commission and gave it the
authority to regulate workplace conditions.
loyalists instead is known as
A) the loyalty oath.
B) the spoils system.
C) perks.
D) encumbrances.
E) a right of passage.
2) The Civil War led to
A) an expansion of the bureaucracy.
B) a contraction of the bureaucracy.
C) the end of the spoils system.
D) the creation of the Department of War.
E) the abolition of the Department of State.
3) Under the Pendleton Act, civil servants were to be selected on the basis of
A) the spoils system.
B) patronage.
C) seniority.
D) party affiliation.
E) merit.
4) An agency created by Congress that is generally concerned with a specific aspect of the
economy is called
A) a bureau of the first class.
B) a committee on correspondence.
C) an independent regulatory commission.
D) a Cabinet-level agency.
E) a self-serving agency.
5) The Department of Commerce and Labor was established by ________ to oversee and regulate
intolerable labor practices and employer-employee relations.
A) Abraham Lincoln
B) James Garfield
C) Teddy Roosevelt
D) Franklin Delano Roosevelt
E) Dwight Eisenhower
6) The number of federal executive branch employees has
A) increased steadily since the founding.
B) increased steadily since the New Deal.
C) increased steadily since the Great Society.
D) decreased steadily since the New Deal.
E) decreased under Presidents Bill Clinton and George W. Bush.
7) The number of federal government employees was largest
A) in the wake of the September 11, 2001 terrorist attacks.
B) during the Civil War.
C) during World War I.
D) during the New Deal and World War II.
E) during the Great Society.
8) In 1914, the Wilson administration created the ________ to protect small business and the
public from unfair competition.
A) Interstate Commerce Commission
B) Department of Economic Affairs
C) Department of Commerce
D) National Labor Relations Board
E) Federal Trade Commission
9) How did the Sixteenth Amendment enable the federal government to expand?
A) It permitted an income tax which could be used to fund numerous government
programs.
B) It permitted the federal government to regulate interstate commerce, thereby expanding
its authority.
C) It prohibited the states from regulating intrastate commerce, allowing the federal
government to take over in this domain.
D) It authorized Congress to ʺwhatever laws may be necessary in Times of Economic Peril
or Crisis.ʺ
E) It authorized Congress to create the Interstate Commerce Commission and gave it the
authority to regulate workplace conditions.
Tuesday, March 20, 2012
Chapter 11.5 Pages 374 to End of Chapter
1) The Supreme Court will hear a case if ________ justices vote to do so.
A) seven B) six C) five D) four E) two
2) The member of the Justice Department who typically handles appeals to the Supreme Court on
behalf of the U.S. government is the
A) attorney general.
B) solicitor general.
C) secretary of justice.
D) ombudsman.
E) docent.
3) Who is most likely to write an amicus brief?
A) Congress
B) the chief justice
C) the chief justice if he is in the majority; the associate justice with the most seniority if the chief justice is in the minority
D) the media
E) interest groups
4) The idea that judges should use their power broadly to further justice is called
A) stare decisis.
B) original intent.
C) judicial restraint.
D) judicial activism.
E) conservative restoration.
5) The idea that judges should give deference to the decisions of elected lawmakers is called
A) precedent ruling.
B) judicial restraint.
C) stare decisis.
D) extralegal decision making.
E) statutory extrapolation.
6) According to the attitudinal model of judicial decision making, justices are mostly likely to decide cases based on
A) their childhood experiences.
B) their policy preferences.
C) who donated the most money to their retirement funds.
D) strategic concerns.
E) the attitudes of the lawyers arguing the case.
7) In 1992, the Supreme Court ruled that public high school graduations could not include a prayer. However, many schools continue to include prayers at graduation ceremonies and football games. This demonstrates the concept of
A) judicial implementation.
B) laissez-faire.
C) the behavioral model.
D) original intent.
E) sovereign immunity.
A) seven B) six C) five D) four E) two
2) The member of the Justice Department who typically handles appeals to the Supreme Court on
behalf of the U.S. government is the
A) attorney general.
B) solicitor general.
C) secretary of justice.
D) ombudsman.
E) docent.
3) Who is most likely to write an amicus brief?
A) Congress
B) the chief justice
C) the chief justice if he is in the majority; the associate justice with the most seniority if the chief justice is in the minority
D) the media
E) interest groups
4) The idea that judges should use their power broadly to further justice is called
A) stare decisis.
B) original intent.
C) judicial restraint.
D) judicial activism.
E) conservative restoration.
5) The idea that judges should give deference to the decisions of elected lawmakers is called
A) precedent ruling.
B) judicial restraint.
C) stare decisis.
D) extralegal decision making.
E) statutory extrapolation.
6) According to the attitudinal model of judicial decision making, justices are mostly likely to decide cases based on
A) their childhood experiences.
B) their policy preferences.
C) who donated the most money to their retirement funds.
D) strategic concerns.
E) the attitudes of the lawyers arguing the case.
7) In 1992, the Supreme Court ruled that public high school graduations could not include a prayer. However, many schools continue to include prayers at graduation ceremonies and football games. This demonstrates the concept of
A) judicial implementation.
B) laissez-faire.
C) the behavioral model.
D) original intent.
E) sovereign immunity.
Judiciary 2005 FRQ due Thursday 03/22
The judicial branch is designed to be more independent of public opinion than are the legislature or the executive. Yet, the United States Supreme Court rarely deviates too far too long from prevalent public opinion.
a. Describe two ways in which the United States is insulated from public
opinion.
b. Explain how two factors work to keep the United States Supreme Court
from deviating too far from public opinion.
a. Describe two ways in which the United States is insulated from public
opinion.
b. Explain how two factors work to keep the United States Supreme Court
from deviating too far from public opinion.
Saturday, March 17, 2012
Chapter 10.4 Pages 363 to 374
1) How many successful Supreme Court appointments has George W. Bush made?
A) 0 B) 1 C) 2 D) 3 E) 4
2) In recent years, the congressional confirmation process for a presidentʹs judicial appointments
could best be described as
A) a shoo-in.
B) a slam dunk.
C) contentious.
D) a love fest.
E) a rubber stamp.
3) Which president appointed the highest percentage of women and African Americans to the
federal courts?
A) George W. Bush
B) Bill Clinton
C) George Bush
D) Ronald Reagan
E) Jimmy Carter
4) Which of the following is a constitutional requirement for being a Supreme Court justice?
A) having a law degree
B) being ʺwell knowledgeable in the lawʺ
C) passing a religious test
D) being at least thirty-five years old
E) None of the above. There are no constitutional requirements for serving on the Supreme
Court.
5) The Supreme Court has had ________ African American members in its history.
A) no B) one C) two D) five E) nine
6) The Supreme Court has had ________ female members in its history.
A) no B) two C) four D) seven E) 11
7) While recent presidents have sent their judicial branch nominees to the American Bar
Association for evaluation of their qualifications, George W. Bush abandoned this practice.
Instead, George W. Bush has vetted his nominees through
A) the Omnipotent Order of Osceola.
B) the Order of Skull and Bones.
C) the Federalist Society.
D) the Association of Legal Scholars of America.
E) the National Association of Evangelicals.
8) The Judiciary Committee hearings of which Supreme Court nominee received the most
intensive lobbying efforts by interest groups?
A) Samuel Alito
B) John Robterts
C) Ruth Bader Ginsburg
D) David Souter
E) Robert Bork
9) How many decisions did the Supreme Court issue in the 2005 -2006 term?
A) 88 B) 412 C) 1181 D) 5144 E) 9608
10) Cases heard by the Supreme Court are most likely to involve
A) original jurisdiction.
B) the commerce clause.
C) the elastic clause.
D) the quartering clause.
E) the Bill of Rights.
A) 0 B) 1 C) 2 D) 3 E) 4
2) In recent years, the congressional confirmation process for a presidentʹs judicial appointments
could best be described as
A) a shoo-in.
B) a slam dunk.
C) contentious.
D) a love fest.
E) a rubber stamp.
3) Which president appointed the highest percentage of women and African Americans to the
federal courts?
A) George W. Bush
B) Bill Clinton
C) George Bush
D) Ronald Reagan
E) Jimmy Carter
4) Which of the following is a constitutional requirement for being a Supreme Court justice?
A) having a law degree
B) being ʺwell knowledgeable in the lawʺ
C) passing a religious test
D) being at least thirty-five years old
E) None of the above. There are no constitutional requirements for serving on the Supreme
Court.
5) The Supreme Court has had ________ African American members in its history.
A) no B) one C) two D) five E) nine
6) The Supreme Court has had ________ female members in its history.
A) no B) two C) four D) seven E) 11
7) While recent presidents have sent their judicial branch nominees to the American Bar
Association for evaluation of their qualifications, George W. Bush abandoned this practice.
Instead, George W. Bush has vetted his nominees through
A) the Omnipotent Order of Osceola.
B) the Order of Skull and Bones.
C) the Federalist Society.
D) the Association of Legal Scholars of America.
E) the National Association of Evangelicals.
8) The Judiciary Committee hearings of which Supreme Court nominee received the most
intensive lobbying efforts by interest groups?
A) Samuel Alito
B) John Robterts
C) Ruth Bader Ginsburg
D) David Souter
E) Robert Bork
9) How many decisions did the Supreme Court issue in the 2005 -2006 term?
A) 88 B) 412 C) 1181 D) 5144 E) 9608
10) Cases heard by the Supreme Court are most likely to involve
A) original jurisdiction.
B) the commerce clause.
C) the elastic clause.
D) the quartering clause.
E) the Bill of Rights.
Thursday, March 8, 2012
Chapter 10.3 Pages 356-362
1) The Supreme Court set the precedent that it has the power of judicial review in
A) Chisholm v. Georgia
B) Marbury v. Madison
C) Virginia v. Black
D) McCullough v. Maryland
E) Fletcher v. Peck
2) The Supreme Court typically has
A) trial jurisdiction.
B) penal jurisdiction.
C) original jurisdiction.
D) appellate jurisdiction.
E) executive jurisdiction.
3) Courts with appellate jurisdiction typically
A) review the factual record of a lower court for mistakes.
B) determine factual matters in the case involved.
C) review the legal procedures of a lower court for mistakes.
D) hear evidence regarding the facts of the case.
E) rubber stamp the decisions of trial courts.
4) Which of the following lists of federal courts is in order from the lowest court to the highest
court?
A) district courts; Supreme Court; courts of appeals
B) courts of appeals; district courts; Supreme Court; legislative courts
C) Supreme Court; courts of appeals; district courts
D) district courts; courts of appeals; Supreme Court
E) municipal courts; country courts; state courts; federal courts
5) The second most powerful court in the U.S. is the
A) U.S. Court of Appeals for the Ninth Circuit.
B) U.S. Court of Appeals for the New York Circuit.
C) U.S. Court of Appeals for the Armed Forces.
D) U.S. Court of Appeals for the District of Columbia Circuit.
E) U.S. Court of Appeals for the Federal Circuit.
6) In court rulings, a reliance on past decisions or precedents to formulate decisions on new cases
is called
A) stare decisis.
B) solicitation.
C) strict construction.
D) certiorari.
E) fiat lux.
7) Who is the current Chief Justice of the United States?
A) William Rehnquist
B) John Roberts
C) John Paul Stevens
D) Clarence Thomas
E) Antonin Scalia
8) Decisions by a court of appeals are binding
A) throughout the 48 continental states.
B) throughout the 50 states, the District of Columbia, and all outlying territories and
protectorates.
C) only in the district where the court is located.
D) only in the state where the court is located.
E) only in the circuit where the court is located.
9) How many justices sit on the Supreme Court?
A) seven B) nine C) eleven D) twelve E) thirteen
10) The justices of the Supreme Court are
A) elected in nonpartisan balloting.
B) appointed by Congress and ratified by the president.
C) nominated by the House and confirmed by the Senate.
D) nominated by the president and confirmed by the Senate.
E) nominated by the president and confirmed by the House.
A) Chisholm v. Georgia
B) Marbury v. Madison
C) Virginia v. Black
D) McCullough v. Maryland
E) Fletcher v. Peck
2) The Supreme Court typically has
A) trial jurisdiction.
B) penal jurisdiction.
C) original jurisdiction.
D) appellate jurisdiction.
E) executive jurisdiction.
3) Courts with appellate jurisdiction typically
A) review the factual record of a lower court for mistakes.
B) determine factual matters in the case involved.
C) review the legal procedures of a lower court for mistakes.
D) hear evidence regarding the facts of the case.
E) rubber stamp the decisions of trial courts.
4) Which of the following lists of federal courts is in order from the lowest court to the highest
court?
A) district courts; Supreme Court; courts of appeals
B) courts of appeals; district courts; Supreme Court; legislative courts
C) Supreme Court; courts of appeals; district courts
D) district courts; courts of appeals; Supreme Court
E) municipal courts; country courts; state courts; federal courts
5) The second most powerful court in the U.S. is the
A) U.S. Court of Appeals for the Ninth Circuit.
B) U.S. Court of Appeals for the New York Circuit.
C) U.S. Court of Appeals for the Armed Forces.
D) U.S. Court of Appeals for the District of Columbia Circuit.
E) U.S. Court of Appeals for the Federal Circuit.
6) In court rulings, a reliance on past decisions or precedents to formulate decisions on new cases
is called
A) stare decisis.
B) solicitation.
C) strict construction.
D) certiorari.
E) fiat lux.
7) Who is the current Chief Justice of the United States?
A) William Rehnquist
B) John Roberts
C) John Paul Stevens
D) Clarence Thomas
E) Antonin Scalia
8) Decisions by a court of appeals are binding
A) throughout the 48 continental states.
B) throughout the 50 states, the District of Columbia, and all outlying territories and
protectorates.
C) only in the district where the court is located.
D) only in the state where the court is located.
E) only in the circuit where the court is located.
9) How many justices sit on the Supreme Court?
A) seven B) nine C) eleven D) twelve E) thirteen
10) The justices of the Supreme Court are
A) elected in nonpartisan balloting.
B) appointed by Congress and ratified by the president.
C) nominated by the House and confirmed by the Senate.
D) nominated by the president and confirmed by the Senate.
E) nominated by the president and confirmed by the House.
Wednesday, March 7, 2012
Chapter 10.2 Pages 352-355
1) How were Robert Borkʹs confirmation hearings different from those of other Supreme Court
nominees?
A) Robert Bork was the first African American nominee.
B) Robert Bork was the first Jewish nominee.
C) Robert Borkʹs confirmation hearings were more contentious.
D) Robert Borkʹs confirmation hearings were more focused on his legal prowess.
E) Robert Borkʹs confirmation hearings were the subject of a Supreme Court battle over
judicial filibusters.
2) All of the following are checks on the judiciary EXCEPT
A) Congress can alter the jurisdiction of the Supreme Court.
B) Court decisions can be reversed by constitutional amendment.
C) Congress can pardon those convicted by the courts.
D) Judges can be impeached and removed from office.
E) The president appoints judges with the ʺadvice and consentʺ of the Senate.
3) The Judiciary Act of 1789
A) created the Supreme Court and its jurisdictions.
B) established the state court structures.
C) established the basic structure of the federal court system.
D) granted the Supreme Court the power of judicial review.
E) required the states to abide by the Bill of Rights.
Answer: C
4) How many justices sat on the Supreme Court in its first incarnation?
A) six B) eight C) nine D) eleven E) thirteen
5) The first chief justice of the United States was
A) Thomas Jefferson.
B) James Wilson.
C) John Jay.
D) John Marshall.
E) Clarence Thomas.
6) In the case of ________, the Supreme Court ruled that it had the right to hear suits brought by
the citizens of one state against another under Article III, section 2.
A) Chisholm v. Georgia
B) Marbury v. Madison
C) Gibbons v. Ogden
D) Fletcher v. Peck
E) United States v. Libby
7) What does the Eleventh Amendment say?
A) A citizen of one state can not sue another state in federal court.
B) Congress has the power of judicial review.
C) The Supreme Court has the power of judicial review.
D) Congress can establish a national bank.
E) The Supreme Court ʺshall render Judgment in all Cases arising from violations of the
Constitutions of the Various States.ʺ
8) Initially, service on the Supreme Court was considered
A) luxurious.
B) a second job.
C) undignified.
D) a great honor.
E) the apex of oneʹs legal career.
9) In McCulloch v. Maryland, the Supreme Court
A) established seriatim opinions.
B) outlawed per curium opinions.
C) made Congress the final arbiter of constitutionality.
D) declared state laws invalid.
E) broadly interpreted the necessary and proper clause.
10) John Marshall can best be described as a
A) Tory.
B) Whig.
C) Federalist.
D) Anti-Federalist.
E) Son of Liberty.
nominees?
A) Robert Bork was the first African American nominee.
B) Robert Bork was the first Jewish nominee.
C) Robert Borkʹs confirmation hearings were more contentious.
D) Robert Borkʹs confirmation hearings were more focused on his legal prowess.
E) Robert Borkʹs confirmation hearings were the subject of a Supreme Court battle over
judicial filibusters.
2) All of the following are checks on the judiciary EXCEPT
A) Congress can alter the jurisdiction of the Supreme Court.
B) Court decisions can be reversed by constitutional amendment.
C) Congress can pardon those convicted by the courts.
D) Judges can be impeached and removed from office.
E) The president appoints judges with the ʺadvice and consentʺ of the Senate.
3) The Judiciary Act of 1789
A) created the Supreme Court and its jurisdictions.
B) established the state court structures.
C) established the basic structure of the federal court system.
D) granted the Supreme Court the power of judicial review.
E) required the states to abide by the Bill of Rights.
Answer: C
4) How many justices sat on the Supreme Court in its first incarnation?
A) six B) eight C) nine D) eleven E) thirteen
5) The first chief justice of the United States was
A) Thomas Jefferson.
B) James Wilson.
C) John Jay.
D) John Marshall.
E) Clarence Thomas.
6) In the case of ________, the Supreme Court ruled that it had the right to hear suits brought by
the citizens of one state against another under Article III, section 2.
A) Chisholm v. Georgia
B) Marbury v. Madison
C) Gibbons v. Ogden
D) Fletcher v. Peck
E) United States v. Libby
7) What does the Eleventh Amendment say?
A) A citizen of one state can not sue another state in federal court.
B) Congress has the power of judicial review.
C) The Supreme Court has the power of judicial review.
D) Congress can establish a national bank.
E) The Supreme Court ʺshall render Judgment in all Cases arising from violations of the
Constitutions of the Various States.ʺ
8) Initially, service on the Supreme Court was considered
A) luxurious.
B) a second job.
C) undignified.
D) a great honor.
E) the apex of oneʹs legal career.
9) In McCulloch v. Maryland, the Supreme Court
A) established seriatim opinions.
B) outlawed per curium opinions.
C) made Congress the final arbiter of constitutionality.
D) declared state laws invalid.
E) broadly interpreted the necessary and proper clause.
10) John Marshall can best be described as a
A) Tory.
B) Whig.
C) Federalist.
D) Anti-Federalist.
E) Son of Liberty.
Tuesday, March 6, 2012
Chapter 10.1 Pages 347-51
1) What was the federal governmentʹs argument in front of the Supreme Court in Hamdi et al. v.
Rumsfeld?
A) Hamdi was denied his right to habeas corpus.
B) The U.S. government could hold Hamdi indefinitely, without formal charges, and
without access to a lawyer.
C) The president has the authority to suspend the Bill of Rights during wartime.
D) Hamdi was not entitled access to the American judicial system because he was not an
American citizen.
E) The military has a right to hold foreign nationals captured on the battlefield during
wartime.
2) What was the Supreme Courtʹs decision in Hamdi et al. v. Rumsfeld?
A) The president has ʺa blank checkʺ to deny civil liberties during wartime.
B) Citizens who are detained as enemy combatants have a right to challenge their captivity.
C) Those who are convicted of war crimes automatically revoke their citizenship rights.
D) Those detained at Guantanamo Bay, Cuba must be released ʺwith all deliberative speed.ʺ
E) Hamdi could be held indefinitely, as long as the president certified the detention was
necessary for national security.
3) What was the Supreme Courtʹs decision is Hamdan v. Rumsfeld?
A) The military tribunals created by George W. Bush were unconstitutional.
B) The military tribunals created by George W. Bush were permissible, but only during
wartime.
C) The military tribunals created by George W. Bush were permissible.
D) Those convicted by military tribunals had the right to appeal to the federal courts.
E) Hamdanʹs conviction by a military tribunal was permissible because he was declared an
enemy combatant.
4) Who is the ultimate authority on what the Constitution means?
A) the president
B) the solicitor general
C) the attorney general
D) the Supreme Court
E) Congress
5) Which branch did Alexander Hamilton call the ʺleast dangerous branchʺ?
A) Congress
B) the presidency
C) the bureaucracy
D) the military
E) the judiciary
6) What does the Constitution say about the salaries of federal judges?
A) Congress can raise or lower salaries at will.
B) Congress can raise a judgeʹs salary, but it can not lower it.
C) Congress can lower a judgeʹs salary, but it can not raise it.
D) Judgesʹ salaries should be commensurate with the salaries of those employed in the
private sector.
E) The Constitution is silent about judicial salaries.
7) Federal courts lower than the Supreme Court are established by
A) Article II.
B) judicial review.
C) Congress.
D) the Supreme Court.
E) the state legislatures.
8) In which decision did the Supreme Court declare that it could exercise judicial review over
acts of the national government?
A) Marbury v. Madison
B) Martin v. Hunterʹs Lessee
C) McCulloch v. Maryland
D) Gibbons v. Ogden
E) The People v. Larry Flint
9) In which decision did the Supreme Court declare that it could exercise judicial review over
acts of state governments?
A) Marbury v. Madison
B) Martin v. Hunterʹs Lessee
C) McCulloch v. Maryland
D) Gibbons v. Ogden
E) The People v. Larry Flint
10) What is the term of office for Supreme Court justices and federal judges?
A) 4 years B) 8 years C) 10 years D) 20 years E) life
Rumsfeld?
A) Hamdi was denied his right to habeas corpus.
B) The U.S. government could hold Hamdi indefinitely, without formal charges, and
without access to a lawyer.
C) The president has the authority to suspend the Bill of Rights during wartime.
D) Hamdi was not entitled access to the American judicial system because he was not an
American citizen.
E) The military has a right to hold foreign nationals captured on the battlefield during
wartime.
2) What was the Supreme Courtʹs decision in Hamdi et al. v. Rumsfeld?
A) The president has ʺa blank checkʺ to deny civil liberties during wartime.
B) Citizens who are detained as enemy combatants have a right to challenge their captivity.
C) Those who are convicted of war crimes automatically revoke their citizenship rights.
D) Those detained at Guantanamo Bay, Cuba must be released ʺwith all deliberative speed.ʺ
E) Hamdi could be held indefinitely, as long as the president certified the detention was
necessary for national security.
3) What was the Supreme Courtʹs decision is Hamdan v. Rumsfeld?
A) The military tribunals created by George W. Bush were unconstitutional.
B) The military tribunals created by George W. Bush were permissible, but only during
wartime.
C) The military tribunals created by George W. Bush were permissible.
D) Those convicted by military tribunals had the right to appeal to the federal courts.
E) Hamdanʹs conviction by a military tribunal was permissible because he was declared an
enemy combatant.
4) Who is the ultimate authority on what the Constitution means?
A) the president
B) the solicitor general
C) the attorney general
D) the Supreme Court
E) Congress
5) Which branch did Alexander Hamilton call the ʺleast dangerous branchʺ?
A) Congress
B) the presidency
C) the bureaucracy
D) the military
E) the judiciary
6) What does the Constitution say about the salaries of federal judges?
A) Congress can raise or lower salaries at will.
B) Congress can raise a judgeʹs salary, but it can not lower it.
C) Congress can lower a judgeʹs salary, but it can not raise it.
D) Judgesʹ salaries should be commensurate with the salaries of those employed in the
private sector.
E) The Constitution is silent about judicial salaries.
7) Federal courts lower than the Supreme Court are established by
A) Article II.
B) judicial review.
C) Congress.
D) the Supreme Court.
E) the state legislatures.
8) In which decision did the Supreme Court declare that it could exercise judicial review over
acts of the national government?
A) Marbury v. Madison
B) Martin v. Hunterʹs Lessee
C) McCulloch v. Maryland
D) Gibbons v. Ogden
E) The People v. Larry Flint
9) In which decision did the Supreme Court declare that it could exercise judicial review over
acts of state governments?
A) Marbury v. Madison
B) Martin v. Hunterʹs Lessee
C) McCulloch v. Maryland
D) Gibbons v. Ogden
E) The People v. Larry Flint
10) What is the term of office for Supreme Court justices and federal judges?
A) 4 years B) 8 years C) 10 years D) 20 years E) life
Monday, March 5, 2012
READING GUIDE FOR FEDERALIST #78
1. On what grounds does Hamilton argue that the judicial department of government is the least powerful branch of government?
It has the least capacity to annoy or injure the political rights of the Constitution. The executive makes appointments and holds the sword, and the legislature commands the purse and passes the laws. The judiciary has neither force, nor will; all it can do is exercise judgment and depend upon the executive to carry out its judgments.
2. Why do you suppose that Hamilton was so careful to point out the relative impotence of the judiciary?
To alleviate fears that this new department of government (there was no national judiciary under the Articles of Confederation) would be used to deny rights of the people.
3. What was Hamilton’s position regarding the power of the judiciary to declare void any legislative acts that were contrary to the Constitution?
The courts are needed to act as an intermediary between the legislature and the people in order to check the power of the former. If a law is in conflict with the Constitution, the latter must prevail because it represents the will of the people, as opposed to their representatives. Laws passed by representatives cannot supercede the fundamental law of the Constitution that represents the will of the people. The interpretation of laws falls to the judiciary because that is a “natural” function of the courts.
4. Why does Hamilton consider the independence of the judiciary to be a vital component of constitutional government?
Because the courts are the bulwarks of a limited Constitution against the encroachments of the legislature. Without judicial independence, judges would be unable to effectively check the legislature.
5. What arguments does Hamilton use to support life tenure for judges?
a. Life tenure frees judges from political pressure that might come from the legislature or executive if periodic appointments were made. Being freed from such pressure enables judges to guard against laws that are contrary to the Constitution.
b. Being a judge places great demands upon a person. Few men have the necessary abilities to be a judge , and few have the necessary ethical qualities, as well. Periodic appointments would discourage those few who are qualified, and would lead to less competent and less principled judges.
It has the least capacity to annoy or injure the political rights of the Constitution. The executive makes appointments and holds the sword, and the legislature commands the purse and passes the laws. The judiciary has neither force, nor will; all it can do is exercise judgment and depend upon the executive to carry out its judgments.
2. Why do you suppose that Hamilton was so careful to point out the relative impotence of the judiciary?
To alleviate fears that this new department of government (there was no national judiciary under the Articles of Confederation) would be used to deny rights of the people.
3. What was Hamilton’s position regarding the power of the judiciary to declare void any legislative acts that were contrary to the Constitution?
The courts are needed to act as an intermediary between the legislature and the people in order to check the power of the former. If a law is in conflict with the Constitution, the latter must prevail because it represents the will of the people, as opposed to their representatives. Laws passed by representatives cannot supercede the fundamental law of the Constitution that represents the will of the people. The interpretation of laws falls to the judiciary because that is a “natural” function of the courts.
4. Why does Hamilton consider the independence of the judiciary to be a vital component of constitutional government?
Because the courts are the bulwarks of a limited Constitution against the encroachments of the legislature. Without judicial independence, judges would be unable to effectively check the legislature.
5. What arguments does Hamilton use to support life tenure for judges?
a. Life tenure frees judges from political pressure that might come from the legislature or executive if periodic appointments were made. Being freed from such pressure enables judges to guard against laws that are contrary to the Constitution.
b. Being a judge places great demands upon a person. Few men have the necessary abilities to be a judge , and few have the necessary ethical qualities, as well. Periodic appointments would discourage those few who are qualified, and would lead to less competent and less principled judges.
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