Chapter 10.1

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

Chapter 10.2

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.

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.

Chapter 10.4

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.

Chapter 10.3

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.

Chapter 10.5

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.