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- 1. Multiple Choice
In Gonzalez v. Raich (2005), the Supreme Court ruled that the commerce clause gave Congress the authority to ban the use of marijuana, despite conflicting state law. In the Court’s majority opinion, Associate Justice John Paul Stevens argued that local use of marijuana affected the supply and demand of the national marijuana market.
Which prior Supreme Court case could be cited as a precedent for the majority decision in Gonzalez v. Raich (2005)?
Baker v. Carr (1962)
Marbury v. Madison (1803)
McCulloch v. Maryland (1819
Shaw v. Reno (1993
- 2. Multiple Choice
Stare decisis is best defined as which of the following?
Judges rely on past decisions and their precedents when making decisions in new cases
Judges ought to strike down laws that are inconsistent with their understanding of the Constitution
Judges have the power to interpret the Constitution and declare a law unconstitutional
Judges should limit the exercise of their power to interpreting the Constitution according to its original intent
- 3. Multiple Choice
In United States v. Morrison (2000), the Supreme Court struck down the part of the Violence Against Women Act that made gender-motivated violence a federal crime, as it was not related to the commerce clause.
Which prior Supreme Court case could be used as a precedent for the majority decision in US v. Morrison (2000)?
Gideon v. Wainwright (1963)
Roe v. Wade (1973)
McCulloch v. Maryland (1819)
United States v. Lopez (1995)
- 4. Multiple Choice
Which of the following statements best explains how stare decisis influences Supreme Court justices?
It makes justices more likely to defer to previous Supreme Court decisions
It makes justices less likely to strike down laws and policies as unconstitutional
It makes justices more likely to rule based on their interpretation of the Framers’ original intent
It makes justices more likely to send cases back down to lower courts to be decided
- 5. Multiple Choice
In United States v. Nixon (1974), the Supreme Court ruled that President Nixon was not exempt from a court order that required him to release White House tapes. It upheld the right of the Court to “say what the law is,” as Chief Justice Warren Burger wrote in the Court’s majority opinion.
Which prior Supreme Court case could be cited as a precedent for the majority decision in United States v. Nixon (1974)?
Marbury v. Madison (1803)
Gideon v. Wainwright (1963)
McCulloch v. Maryland (1819)
Baker v. Carr (1962)
- 6. Multiple Choice
A Supreme Court precedent banning prayer in schools could be viewed as interfering with state powers under the Constitution, and as creating law rather than interpreting it.
Which of the following may Congress do to limit the Supreme Court’s power?
Fire and replace Supreme Court justices
Pass legislation changing the court’s jurisdiction
Place term limits on Supreme Court justices
Veto parts of the Court’s decision
- 7. Multiple Choice
Which of the following actions can the states take to limit the Supreme Court’s power?
File briefs to change the Court's decisions
Refuse to implement and enforce a ruling by the Court
Pass legislation limiting the Supreme Court’s jurisdiction
Preventing cases from being sent to the Supreme Court
- 8. Multiple Choice
Which of the following may Congress do to limit the Supreme Court’s power?
Pass legislation to limit the Court’s jurisdiction
Fire and replace justices
Appoint additional justices to the Court
Veto parts of the Court’s decisions
- 9. Multiple Choice
Which of the following statements describes judicial activism?
Judges have the power to interpret the Constitution and declare a law unconstitutional
Judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution
Judges rely on past decisions and their precedents when making decisions in new cases
Judges should limit the exercise of their own power to interpreting the Constitution according to its original intent
- 10. Multiple Choice
A president believes the Court has overstepped its constitutional authority by requiring state legislatures to redraw congressional districts to address partisan gerrymandering.
Which of the following could the president do to limit the Supreme Court’s power in response?
Place term limits on the Supreme Court justices
Change the size of the Supreme Court
Refuse to implement the decision
Fire and replace Supreme Court justices
- 11. Multiple Choice
Which of the following best explains how the president can limit the Court’s power by appointing a new Supreme Court justice?
By decreasing the likelihood of the Supreme Court hearing a case
By choosing justices who change the ideological leanings of the court
By increasing the total number of justices on the Court, reducing the impact of the existing justices
By changing the jurisdiction of the Court
- 12. Multiple Choice
In 1895, the Supreme Court heard a case about the Income Tax Act of 1894. The Court held that the act was unconstitutional and the federal government did not have the power to tax personal income.
Which of the following is an action Congress could have taken to check the Supreme Court’s power?
Proposing a constitutional amendment
Vetoing parts of the Court’s decisions
Sending the case to a lower court for a different decision
Appointing new Supreme Court justices
Proposing a constitutional amendment
Vetoing parts of the Court’s decisions
Sending the case to a lower court for a different decision
Appointing new Supreme Court justices
- 13. Multiple Choice
Which of the following scenarios would most likely be considered judicial restraint?
The Supreme Court makes a ruling based on previous Court decisions
The Supreme Court refuses to hear a case and sends it to a lower court for the facts to be presented again
The Supreme Court refuses to hear a case because the justices believe the issue should be solved by the legislative branch
The Supreme Court decides to hear a case after four justices vote to accept the case
- 14. Multiple Choice
A Supreme Court precedent approving mandatory busing of students to ensure greater racial integration in public schools throughout the South could be viewed as interfering with state powers under the Constitution, and as creating law rather than interpreting it.
Which of the following could Congress do to limit the Supreme Court’s power in response?
Pass legislation changing the Court’s jurisdiction
Filibuster decisions made by the Supreme Court
Send the case back to a lower court
Exercise oversight authority over rulings of individual justices
- 15. Multiple Choice
Which of the following statements describes a way for the executive branch to limit the Supreme Court’s power?
By appointing new Supreme Court justices
By refusing to send cases to the Supreme Court
By vetoing parts of the Court’s decision
By firing Supreme Court justices
- 16. Multiple Choice
Which of the following statements best explains how judicial activism influences decisions made by individual justices when deciding cases heard by the Court?
Justices are influenced by the public opinion on a case rather than constitutional interpretation
Justices are less likely to strike down laws and policies as unconstitutional
Justices are influenced by the social effects the decision might have on the public
Justices are more likely to defer to previous Supreme Court decisions
- 17. Multiple Choice
Which of the following statements best describes judicial restraint?
Judges should limit the exercise of their own power to interpreting the Constitution according to its original intent
Judges have the power to interpret the Constitution and declare a law unconstitutional
Judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution
Judges rely on past decisions and their precedents when making decisions in new cases
- 18. Multiple Choice
Chris Wallace: “Mr. Trump, you're pro-life. But I want to ask you specifically: Do you want the court, including the justices that you will name, to overturn Roe v. Wade, which includes -- in fact, states -- a woman's right to abortion?”
Donald Trump: “Well, if that would happen, because I am pro-life, and I will be appointing pro-life judges, I would think that that will go back to the individual states.
Trump: “Well, if we put another two or perhaps three justices on, that's really what's going to be -- that will happen. And that'll happen automatically, in my opinion, because I am putting pro-life justices on the court. I will say this: It will go back to the states, and the states will then make a determination.”
-Presidential candidate Donald Trump
Based on his statement in the passage, which of the following policy goals does Trump want to promote through ideological appointments to the Supreme Court?
Adding an amendment to explicitly protect the right to an abortion
Reversing the precedent that the right of privacy extends to a woman’s decision to have an abortion
Crafting a federal law that bans all abortions
Adding an amendment to the Constitution declaring that a fetus has the right to life
- 19. Multiple Choice
Chris Wallace: “Mr. Trump, you're pro-life. But I want to ask you specifically: Do you want the court, including the justices that you will name, to overturn Roe v. Wade, which includes -- in fact, states -- a woman's right to abortion?”
Donald Trump: “Well, if that would happen, because I am pro-life, and I will be appointing pro-life judges, I would think that that will go back to the individual states.
Trump: “Well, if we put another two or perhaps three justices on, that's really what's going to be -- that will happen. And that'll happen automatically, in my opinion, because I am putting pro-life justices on the court. I will say this: It will go back to the states, and the states will then make a determination.”
-Presidential candidate Donald Trump
Which of the following statements is most consistent with President Trump’s argument in this passage?
He will nominate Supreme Court justices who maintain the ideological balance of the Supreme Court
He will nominate Supreme Court justices who identify as racial minorities to create a more diverse court
He will nominate Supreme Court justices who respect precedent to avoid appointing activist justices
He will nominate Supreme Court justices who share his policy preferences in order to achieve his policy goals
- 20. Multiple Choice
Which of the following statements could be considered an accurate conclusion?
Presidents often seek to maintain ideological balance on the Supreme Court when appointing new justices
Ideological changes in the Supreme Court can lead to the Court rejecting existing precedents
The Supreme Court never overturns existing precedents for fear of undermining the legitimacy of the Court
Presidents nominate Supreme Court justices with the hope that those justices will not strike down existing precedents
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