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A concurring opinion disagrees with the reasoning of the majority opinion.

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________ is the power of the Court to declare state and federal laws and actions null and void when they conflict with the Constitution.

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Alexander Hamilton believed that


A) Congress and the president should each render their own judgments in questions of judicial review.
B) the power of judicial review was inherent in the notion of separation of powers.
C) Judicial review was a violation of fundamental constitutional principles.
D) authorization for judicial review should be included in a Bill of Rights.
E) judicial review could not be used to nullify executive action.

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____________ have been reaffirmed numerous times over the years and are difficult to reverse.


A) Precedents
B) Decisions
C) Superprecedents
D) Amicus Curiae
E) Writs of Mandamus

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The authority to bring legal action because one is directly affected by the issues at hand is known as


A) standing.
B) precedence.
C) senatorial courtesy.
D) executive privilege.
E) in forma pauperis.

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In most places, especially in Europe, the power of judicial review is lodged in a single constitutional court, whereas in the United States, all courts are empowered to render such judgments.

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With reference to the U.S. Courts of Appeal,


A) witnesses are extensively cross-examined.
B) briefs cannot be introduced at this level.
C) new knowledge or evidence cannot be introduced.
D) most cases are heard by a trial jury.
E) most cases are heard as original jurisdiction.

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The term of federal judges is ________.

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for life o...

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Oral argument in front of the Supreme Court is not so much a presentation of arguments but a give and take between lawyers and the justices, as well as among the justices themselves.

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How specific is the Constitution regarding the judicial branch?

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The Constitution mentions the judicial b...

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________ is the right of the senior senator from the president's party in the state where the judicial district is located to approve of a president's choice for a federal judgeship.

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Alexander Hamilton once commented that the Supreme Court has power of neither the purse nor the sword. Given what you have learned about the Supreme Court, what is your assessment of how well the modern Supreme Court reflects this assessment? Why do you say this? Support your answer.

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Alexander Hamilton's comment about the S...

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Before the New Deal, the Supreme Court clung to what type of economic theory?


A) Keynesianism
B) Marxism
C) laissez-faire
D) supply-side
E) demand-side

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During his confirmation hearing, John Roberts argued that Roe v. Wade is a superprecedent whose reasoning has been reaffirmed so many times that it has become part of the fabric of American law.

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Describe the origins of judicial review in the United States. Does the power of judicial review diminish or expand the practice of democracy in the United States? Use a famous case to support your argument.

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The origins of judicial review in the Un...

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The Supreme Court finally accepted widespread government regulation of business


A) in the late 1880s.
B) in the late 1930s.
C) right after World War I.
D) in the 1920s.
E) in the 1960s

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Until recently, why did the Supreme Court use the power of judicial review with great restraint?


A) Regular use would invite retaliation by the other branches.
B) Regular use would imply a misuse of power.
C) Regular use is not applicable to cases involving federalism and the powers of Congress.
D) Regular use would contradict the Judiciary Act of 1789.
E) Regular use would not accurately explain laws and rulings.

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A writ of certiorari is


A) a brief submitted by individuals who a have special interest in the case but who are not parties to the dispute.
B) the most powerful tool that the Court has for controlling its own agenda.
C) one of the basic individual rights that is guaranteed by the Constitution.
D) a statement of the legal reasoning that supports the decision of the Court.
E) another term for the "rule of four".

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Which of following is TRUE concerning Article III and the Constitution's creation of the court system?


A) It grants Congress the power to create additional federal courts as needed.
B) It creates the office of "chief justice of the United States."
C) It states that judges should serve life terms.
D) It specifies the categories of cases the Supreme Court may or may not hear.
E) all of the above

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Federal courts have the responsibility of issuing laws.

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