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What legal and political factors influence the decisions that Supreme Court justices make? Given your depiction of the judicial decision-making process, what do you see as the strengths and benefits of having a Supreme Court such as ours in the American system?

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The decisions made by Supreme Court just...

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While a strict constructionist takes a(n) ________ view of the Constitution, a justice who believes in ________ focuses on the perspective of the Founders at the time that they wrote the Constitution.


A) living; precedent
B) living; literalism
C) literal; precedent
D) literal; original intent
E) originalist's; literalism

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All of the following are common criticisms of strict constructionism EXCEPT:


A) the Constitution's silence on many important issues, such as the right to privacy.
B) strict constructionism stifles any meaningful debate about the Constitution.
C) the Founders could not have anticipated the changes in technology in the twentieth and twenty-first centuries.
D) the wording of the Constitution in some areas is vague and open-ended.
E) strict constructionism leaves the nation a "prisoner of its past."

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


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

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Supporters of a living Constitution argue that other legal perspectives do not allow the legal system to adapt in response to changes in technology, values, and society that could not have been anticipated by America's Founders.

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


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.

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A dissenting opinion is often written by a Supreme Court justice for the purpose of:


A) trying to block the majority's ruling.
B) showing that the Court is even-handed, fair, and balanced.
C) providing the basis for reversing a poorly reasoned case.
D) influencing other justices to change their mind.
E) building one's judicial credentials on the Court.

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________ of the U.S. Constitution created the U.S. Supreme Court.


A) Article I
B) Article II
C) Article III
D) Article IV
E) Article V

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A special concurrence is one in which:


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.

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Under what conditions is the chief justice more likely to set aside the chief justice's own policy views and assign an opinion to a justice with different ideological views?


A) when there is very little interest in the case from outside groups
B) when there is fragile support for a majority position favored by the chief justice
C) when the federal government is a party to the case
D) when Congress or the president is unlikely to enforce the Court's decision
E) when public opinion seems to demand it

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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.

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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?

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Marbury v. Madison (1803) was a landmark...

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What is a writ of mandamus?


A) the ability to rule on the constitutionality of statutes
B) the original jurisdiction of courts
C) the right to keep people in prison indefinitely without notifying them of the charges
D) an order issued by the Supreme Court to initiate impeachment proceedings against a federal official
E) an order issued to a lower court, government official, or agency to perform acts required by law

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The term "senatorial courtesy" refers to:


A) the Senate deferring to the president in making appointments to the Supreme Court.
B) the Senate focusing on merit criteria in the appointment process.
C) the president deferring to members of the president's party from each state in choosing nominees to district courts.
D) the president focusing on the political preferences of the Senate in selecting Supreme Court nominees.
E) the tradition of the president providing the names of all judicial nominees to the Senate majority leader first before announcing the nominations publicly.

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When the Supreme Court resolves conflicts among lower courts in the interpretation of the law, the principal effect is to:


A) support the importance of judicial review as its main power.
B) ensure consistent application of the law across the United States.
C) put judicial activism into practice.
D) put the supremacy clause of the Constitution into practice.
E) elevate the prestige of the Supreme Court.

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The chief justice is responsible for assigning the majority opinion to another justice on the Court but only when the chief justice is in the voting majority at the conference meeting.

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The Supreme Court waited two years to issue its opinion in Brown v. Board of Education because:


A) it worried that the president would not enforce its decision.
B) it was sensitive to how the public would react to its decision.
C) it was a complicated ruling that illustrates how much legal research is often needed to reach a decision.
D) the chief justice wanted at least one dissenting opinion to make the Court appear to be even-handed and balanced.
E) the justices wanted to wait until after the presidential election because the Court has a tradition of not interfering with domestic politics.

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When a court is the first one to interpret the application of law from a lower court, it is said to have "original jurisdiction."

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In which of the following is it possible for judges to face election?


A) constitutional courts
B) legislative courts
C) state courts
D) Supreme Court
E) All judges are appointed and therefore none face election.

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While the number of cases submitted to the Supreme Court has ________, the number of opinions the Court issues has ________.


A) stayed the same; increased
B) stayed the same; declined
C) increased; stayed the same
D) increased; declined
E) increased; also increased

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