Unit 2 MCQ

Question 1

House vs Senate

Answer 1

House: can impeach individuals, initiate revenue bills, elect president in case of electoral college tie

Senate: confirm President’s appointments that require consent (cabinet, SC), ratify treaties

Question 2

How Congress checks other branches

Answer 2

can override presidential vetos, confirm Presidential nominations, controls budget, can impeach President

Question 3

How President can check other branches

Answer 3

can veto legislation from Congress, nominates heads of federal agencies and high courts

Question 4

Formal powers of the President (8)

Answer 4

faithfully execute laws; commander in chief; require opinions of Executive Departments; nominate ambassadors, judges, etc; state of the union; convene Congress; grant pardons; receive ambassadors

Question 5

Informal powers of the President (3)

Answer 5

increased world prominence; bully pulpit (can use public support to put pressure on other branches); signing statements (interpretation of a bill)

Question 6

How the SCOTUS checks other branches

Answer 6

judicial review

Question 7

22nd Amendment

Answer 7

president can only serve 2 terms or 10 years

Question 8

25th Amendment

Answer 8

established the order of Presidential succession: VP, Speaker of the House, President pro temporal of Senate, Secretary of State, etc

Question 9

Bureaucratic authority

Answer 9

implement laws, make and enforce rules when legislative prescriptions are vague, settling disputes through administrative adjudication

Question 10

Iron triangles

Answer 10

government industries—interest groups—congressional committees
mutually beneficial
government industries seek funding and support for programs, interest groups aim to influence policy decisions in their favor, and congressional committees benefit from contributions from both

Question 11

Pendleton Service Act

Answer 11

provided that federal government jobs be awarded on the bases of merit and that government employees be selected through competitive exams

Question 12

Conference Committees

Answer 12

temporary committee with members of both houses to negotiate settlement of legislative differences between the two chambers

Question 13

Select Committees

Answer 13

created to deal with certain circumstances focused on responsibility

Question 14

Rules Committees

Answer 14

committee of House; responsible for rules under which bills be presented to House; decides order in which bills come up for a vote and the length of it

Question 15

Executive Order

Answer 15

directive by President that manages operations of fed government that does not require congressional approval

Question 16

Executive Agreement

Answer 16

agreement between heads of government of two or more nations, does not require Senate ratification but dissolves at end of presidency

Question 17

Singing Statements

Answer 17

political statement/president’s interpretation of the bill

Question 18

Precedent

Answer 18

prior judicial decisions serve as a rule for settling subsequent cases of a similar nature (stare decisive)

Question 19

Original Jurisdiction

Answer 19

hears case for the first time; finds facts of case

Question 20

Appellate jurisdiction

Answer 20

hear and review decisions made by lower courts in that system

Question 21

Judicial Restraint

Answer 21

philosophy of constitutional interpretation that justices should be cautious in overturning laws

Question 22

Judicial Activism

Answer 22

philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies

Question 23

Stare Decisis

Answer 23

precedent

Question 24

majority vs concurring vs dissenting opinion

Answer 24

majority: binding SC opinions that serve as precedent
concurring: opinion that agree with the majority decision, offering different or additional reasoning that does not serve as precedent
dissenting: opinion that disagrees with the majority opinion and does not serve as precedent

Question 25

Baker v. Carr

Answer 25

Background: Baker and other Tennessee citizens argued that 1901 law designed to apportion the seats for the state’s General Assembly; said Tennessee’s reapportionment efforts ignored population shifts and economic growth; rural areas had too many votes compared to urban areas

Legal Question: Did the Supreme Court have jurisdiction over the question of legislative apportionment?

Rule: legislative apportionment was justiciable issue; 1 person—1 vote, equal protection

Question 26

Shaw v. Reno

Answer 26

Background; US Attorney General rejected congressional reapportionment plan because the plan created only one black-majority district; submitted plan with 2 black majority districts for Voting Rights Act

Legal Question: Did the North Carolina residents’ claim, that the State created a racially gerrymandering district, raise a valid constitutional issue under the Fourteenth Amendment Equal Protection Clause?

Rule: shape was bizarre and suggested racial gerrymandering; despite noble intentions it was not constitutional

Question 27

Marbury v. Madison

Answer 27

Background: Marbury appointed Justice of the peace in DC but did not receive promised commission; kept him from taking position; petitioned SCOTUS to convince Madison to deliver documents

Legal Question: Does the Supreme Court have the authority to order the delivery of their commissions?
Can they sue for their commissions in court?
Do the plaintiffs have a right to receive their commissions?

Rule: withholding commissions is illegal but did not order it to be handed over; wrist of mandamus was proper way to ask but cannot issue—Marbury was constitutional; established Judicial Review

Question 28

Fed 51

Answer 28

checks and balances and separation of powers can be created in government; give each department a will of its own; members of each should have little power in the appointment of members of others; should be little dependent on others; should be able to resist encroachment of others

Question 29

Fed 70

Answer 29

Hamilton argues for strong, unitary executive, must be able to make concise and swift decisions, certain degree of secrecy, will protect people’s rights and liberties

Question 30

Fed 78

Answer 30

Hamilton described the process of judicial review, legislature is not the judge of the constitutionality of its own actions