judicial branch Flashcards
The majority party in the Senate is concerned that the Supreme Court has made a number of ideologically dangerous and controversial rulings. Which of the following actions could be taken by the Senate to limit the Supreme Court’s power?
Pass legislation already passed by the House that would limit the impact of the Supreme Court’s recent rulings
In the case Wickard v. Filburn (1942), Roscoe Filburn was penalized for producing 12 acres of wheat above his allotment under the Agricultural Adjustment Act of 1938. The law, justified under Congress’ power to regulate interstate commerce, limited the amount of wheat an individual could grow. This regulation would keep prices from dropping and prevent farmers from going bankrupt. Filburn claimed that the excess wheat was for his own use, and challenged that no interstate commerce was involved. The Supreme Court ruled that the commerce clause allowed the government to regulate Filburn’s personal wheat production, even though it was only indirectly related to interstate commerce.
Which of the following was a likely result of the decision in Wickard v. Filburn that contributed to the Court’s later decision in United States v. Lopez (1995) ?
The expansive interpretation of the commerce clause by the Supreme Court which greatly extended the power of Congress drew criticism that eventually led to a narrower interpretation.
In The Federalist 78, Alexander Hamilton argued that the federal judiciary “is beyond comparison the weakest of the three departments of power.” Which of the following statements represents a reason he gave for this argument?
It must depend on the executive for enforcement of its decisions.
Which of the following is true of most federal judges appointed by the president?
They serve for life on good behavior unless impeached and convicted by Congress.
The idea that judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution is known as
judicial activism
Congress passes a law requiring that all public accommodations provide access for people with disabilities. The United States Supreme Court rules that the law does not apply to the airline industry. Which of the following is the best way for Congress to provide people with disabilities access to the airline industry in light of the Court’s ruling?
Pass a new law that specifies that the airlines must provide access for people with disabilities
The number of justices on the United States Supreme Court is set by
Congress
In which of the following ways could the president try to limit the impact of a Supreme Court decision?
Instructing the Department of Justice to delay the implementation of a provision of the decision
When a lower court decision is appealed to the Supreme Court, which of the following is most likely to occur?
The Supreme Court will not hear the appeal.
