Political Science /The Judicial Branch: Advanced

The Judicial Branch: Advanced

Political Science25 CardsCreated 4 months ago

This flashcard set explores the foundational principles and powers of the U.S. judicial branch, drawing on key ideas from Federalist No. 78, landmark cases like Marbury v. Madison and Shaw v. Reno, and constitutional interpretations. Topics include judicial review, court independence, checks and balances, and the role of courts in protecting constitutional rights. Perfect for students preparing for AP U.S. Government or advanced civics assessments.

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"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid."

Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 17884

Which of the following statements best summarizes Hamilton's argument?

The Supreme Court should have the power of judicial review

(Hamilton suggests that laws that violate the Constitution should be void, which the Court determines through the power of judicial review.)

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Term

Definition

"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid."

Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 17884

Which of the following statements best summarizes Hamilton's argument?

The Supreme Court should have the power of judicial review

(Hamilton suggests that laws that violate the Constitution should be void, which ...

Which of the following is an accurate comparison of the powers of the judicial branch and the powers of the legislative branch?

Judicial powers vs Legislative powers

a) Interpreting the Constitution and Establishing inferior courts

b) Vetoing legislation and Setting the budget

c) Appointing Supreme Court justices and Confirming Supreme Court nominations

d) Ratifying treaties and Negotiating treaties

Interpreting the Constitution and Establishing inferior courts

(The judicial branch interprets the Constitution, but Article III gives the p...

Which statement accurately summarizes the impact of the Marbury v. Madison (1803) decision?

a) It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president

b) It increased the power of Congress to carry out its enumerated powers by declaring that Congress has implied powers

c) It increased states' power to restrict freedom of speech when it endangers public safety

d) It established that the Bill of Rights implicitly protects the right to privacy

It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president

(Marbury v. Madi...

"The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority . . . Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing."

Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788

Which of the following statements best summarizes Hamilton's argument?

The judicial branch is responsible for interpreting the Constitution and judging whether the laws passed by Congress are constitutional

(Ham...

"That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold their offices by a temporary commission. Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence."

Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788

Which of the following government policies would the author most likely support?

Life terms, pending good behavior, for Supreme Court justices

(Hamilton writes that temporary terms for justices would compromise their inde...

Which of the following is an accurate comparison of the two court cases?

Marbury v. Madison (1803) vs Shaw v. Reno (1993)

a) Gave check and balance power to the Supreme Court and Ruled that North Carolina violated the due process clause of the Fourteenth Amendment

b) Declared that states did not have the power to tax the federal government and Prohibited oddly-shaped majority-minority districts

c) Decided that the Supreme Court can declare a law unconstitutional and Decided that redistricting plans based on race must be held to a high standard of scrutiny

d) Led to an increase in power for the legislative branch and Led to an increase in power for the national government

Decided that the Supreme Court can declare a law unconstitutional and Decided that redistricting plans based on race must be held to a high standar...

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The Judicial Branch: Advanced

Term	Definition
"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 17884 Which of the following statements best summarizes Hamilton's argument?	The Supreme Court should have the power of judicial review (Hamilton suggests that laws that violate the Constitution should be void, which the Court determines through the power of judicial review.)
Which of the following is an accurate comparison of the powers of the judicial branch and the powers of the legislative branch? Judicial powers vs Legislative powers a) Interpreting the Constitution and Establishing inferior courts b) Vetoing legislation and Setting the budget c) Appointing Supreme Court justices and Confirming Supreme Court nominations d) Ratifying treaties and Negotiating treaties	Interpreting the Constitution and Establishing inferior courts (The judicial branch interprets the Constitution, but Article III gives the power of establishing courts lower than the Supreme Court to Congress.)
Which statement accurately summarizes the impact of the Marbury v. Madison (1803) decision? a) It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president b) It increased the power of Congress to carry out its enumerated powers by declaring that Congress has implied powers c) It increased states' power to restrict freedom of speech when it endangers public safety d) It established that the Bill of Rights implicitly protects the right to privacy	It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president (Marbury v. Madison (1803) established the principle of judicial review, giving the Supreme Court the power to strike down acts of the legislative or executive branch that violate the Constitution.)
"The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority . . . Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing." Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following statements best summarizes Hamilton's argument?	The judicial branch is responsible for interpreting the Constitution and judging whether the laws passed by Congress are constitutional (Hamilton is arguing that the judicial branch should have the power to declare acts of Congress "void" to preserve the limited Constitution.)
"That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold their offices by a temporary commission. Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence." Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following government policies would the author most likely support?	Life terms, pending good behavior, for Supreme Court justices (Hamilton writes that temporary terms for justices would compromise their independence.)
Which of the following is an accurate comparison of the two court cases? Marbury v. Madison (1803) vs Shaw v. Reno (1993) a) Gave check and balance power to the Supreme Court and Ruled that North Carolina violated the due process clause of the Fourteenth Amendment b) Declared that states did not have the power to tax the federal government and Prohibited oddly-shaped majority-minority districts c) Decided that the Supreme Court can declare a law unconstitutional and Decided that redistricting plans based on race must be held to a high standard of scrutiny d) Led to an increase in power for the legislative branch and Led to an increase in power for the national government	Decided that the Supreme Court can declare a law unconstitutional and Decided that redistricting plans based on race must be held to a high standard of scrutiny (In Marbury v. Madison (1803), the Court ruled that it had the constitutional power to overturn acts of Congress, state laws, or executive actions they found to be unconstitutional. In Shaw v. Reno (1993), the Court ruled that states can't make oddly-shaped majority-minority districts when trying to comply with the Voting Rights Act of 1965.)
"So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply." John Marshall, decision in Marbury v. Madison (1803) Which of the following statements best summarizes Marshall's argument?	The Supreme Court should judge whether a law is constitutional (Marshall argues that it is the duty of the judicial branch to determine whether a law conflicts with the Constitution, which is superior to ordinary law.)
Which of the following is an accurate comparison of the two court cases? Marbury v. Madison (1803)Baker v. Carr (1961) a) Declared that Congress had implied powers to carry out their enumerated powers and Established limits to Congress's power under the commerce clause b) Led to more power for the Supreme Court to check the other branches and Led to the "one-person, one-vote" judicial doctrine c) Ruled that national laws were supreme to state laws and Decided that federal courts could intervene and decide redistricting cases d) Decided that the Supreme Court could declare laws unconstitutional and Ended gerrymandering across the United States	Led to more power for the Supreme Court to check the other branches and Led to the "one-person, one-vote" judicial doctrine (Marbury v. Madison (1803) gave the Supreme Court the power to overturn acts of Congress, state laws, or executive actions that it found to be unconstitutional. Baker v. Carr (1961) gave the federal courts the power to intervene and deciding redistricting cases, leading to the "one-person, one-vote" doctrine)
"The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act. Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it." John Marshall, decision in Marbury v. Madison (1803) Which of the following statements is most consistent with Marshall's argument in this passage?	The Constitution is above ordinary laws (Marshall writes that "the constitution controls any legislative act repugnant to it.")
Which of the following describes a difficulty the judicial branch faces in the policy implementation process? a) Supreme Court justices rarely have the opportunity to rule on cases of national importance b) The ideological composition of the Supreme Court frequently shifts when presidents nominate new justices c) The legislative and executive branches frequently ignore the rulings of the Supreme Court d) The Supreme Court must rely on the other branches of government to enforce its rulings	The Supreme Court must rely on the other branches of government to enforce its rulings (The Supreme Court does not implement rulings itself, and so it must rely on the strong political norm within the United States of obeying the rulings of the Court.)
"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Supporters of Hamilton's view that acts contrary to the Constitution are invalid could point to which of the following cases?	Marbury v. Madison (Marbury v. Madison established the principle of "judicial review," that it is the Supreme Court's duty to review the laws and reject ones that are inconsistent with the Constitution.)
Which statement accurately summarizes the impact of the Marbury v. Madison (1803) decision? a) It increased states' power to restrict freedom of speech when it endangers public safety b) It established that the Bill of Rights implicitly protects the right to privacy c) It increased the power of Congress to carry out its enumerated powers by declaring that Congress has implied powers d) It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president	It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president (Marbury v. Madison (1803) established the principle of judicial review, giving the Supreme Court the power to strike down acts of the legislative or executive branch that violate the Constitution.)
Which of the following may the judicial branch do to limit the power of the president? a) Begin impeachment proceedings against the president b) Overturn a presidential veto c) Declare an executive order unconstitutional d) Refuse to ratify a treaty the president negotiated	Declare an executive order unconstitutional (The Court has the power of judicial review over executive orders, which are issued by the president.)
Which of the following is an accurate comparison of the powers of the judicial branch and the powers of the legislative branch? Judicial powers vs Legislative powers a) Interpreting the Constitution and Establishing inferior courts b) Vetoing legislation and Setting the budget c) Appointing Supreme Court justices and Confirming Supreme Court nominations d) Ratifying treaties and Negotiating treaties	Interpreting the Constitution and Establishing inferior courts (The judicial branch interprets the Constitution, but Article III gives the power of establishing courts lower than the Supreme Court to Congress.)
Which statement accurately summarizes the impact of the Marbury v. Madison (1803) decision? a) It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president b) It increased the power of Congress to carry out its enumerated powers by declaring that Congress has implied powers c) It increased states' power to restrict freedom of speech when it endangers public safety d) It established that the Bill of Rights implicitly protects the right to privacy	It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president (Marbury v. Madison (1803) established the principle of judicial review, giving the Supreme Court the power to strike down acts of the legislative or executive branch that violate the Constitution.)
"The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority . . . Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing." Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following statements best summarizes Hamilton's argument?	The judicial branch is responsible for interpreting the Constitution and judging whether the laws passed by Congress are constitutional (Hamilton is arguing that the judicial branch should have the power to declare acts of Congress "void" to preserve the limited Constitution.)
"That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold their offices by a temporary commission. Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be fatal to their necessary independence." Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Which of the following government policies would the author most likely support?	Life terms, pending good behavior, for Supreme Court justices (Hamilton writes that temporary terms for justices would compromise their independence.)
Which of the following is an accurate comparison of the two court cases? Marbury v. Madison (1803) vs Shaw v. Reno (1993) a) Gave check and balance power to the Supreme Court and Ruled that North Carolina violated the due process clause of the Fourteenth Amendment b) Declared that states did not have the power to tax the federal government and Prohibited oddly-shaped majority-minority districts c) Decided that the Supreme Court can declare a law unconstitutional and Decided that redistricting plans based on race must be held to a high standard of scrutiny d) Led to an increase in power for the legislative branch and Led to an increase in power for the national government	Decided that the Supreme Court can declare a law unconstitutional and Decided that redistricting plans based on race must be held to a high standard of scrutiny (In Marbury v. Madison (1803), the Court ruled that it had the constitutional power to overturn acts of Congress, state laws, or executive actions they found to be unconstitutional. In Shaw v. Reno (1993), the Court ruled that states can't make oddly-shaped majority-minority districts when trying to comply with the Voting Rights Act of 1965.)
"So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply." John Marshall, decision in Marbury v. Madison (1803) Which of the following statements best summarizes Marshall's argument?	The Supreme Court should judge whether a law is constitutional (Marshall argues that it is the duty of the judicial branch to determine whether a law conflicts with the Constitution, which is superior to ordinary law.)
Which of the following is an accurate comparison of the two court cases? Marbury v. Madison (1803)Baker v. Carr (1961) a) Declared that Congress had implied powers to carry out their enumerated powers and Established limits to Congress's power under the commerce clause b) Led to more power for the Supreme Court to check the other branches and Led to the "one-person, one-vote" judicial doctrine c) Ruled that national laws were supreme to state laws and Decided that federal courts could intervene and decide redistricting cases d) Decided that the Supreme Court could declare laws unconstitutional and Ended gerrymandering across the United States	Led to more power for the Supreme Court to check the other branches and Led to the "one-person, one-vote" judicial doctrine (Marbury v. Madison (1803) gave the Supreme Court the power to overturn acts of Congress, state laws, or executive actions that it found to be unconstitutional. Baker v. Carr (1961) gave the federal courts the power to intervene and deciding redistricting cases, leading to the "one-person, one-vote" doctrine)
"The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act. Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it." John Marshall, decision in Marbury v. Madison (1803) Which of the following statements is most consistent with Marshall's argument in this passage?	The Constitution is above ordinary laws (Marshall writes that "the constitution controls any legislative act repugnant to it.")
Which of the following describes a difficulty the judicial branch faces in the policy implementation process? a) Supreme Court justices rarely have the opportunity to rule on cases of national importance b) The ideological composition of the Supreme Court frequently shifts when presidents nominate new justices c) The legislative and executive branches frequently ignore the rulings of the Supreme Court d) The Supreme Court must rely on the other branches of government to enforce its rulings	The Supreme Court must rely on the other branches of government to enforce its rulings (The Supreme Court does not implement rulings itself, and so it must rely on the strong political norm within the United States of obeying the rulings of the Court.)
"There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid." Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788 Supporters of Hamilton's view that acts contrary to the Constitution are invalid could point to which of the following cases?	Marbury v. Madison (Marbury v. Madison established the principle of "judicial review," that it is the Supreme Court's duty to review the laws and reject ones that are inconsistent with the Constitution.)
Which statement accurately summarizes the impact of the Marbury v. Madison (1803) decision? a) It increased states' power to restrict freedom of speech when it endangers public safety b) It established that the Bill of Rights implicitly protects the right to privacy c) It increased the power of Congress to carry out its enumerated powers by declaring that Congress has implied powers d) It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president	It increased the power of the Supreme Court to rule on the constitutionality of acts of Congress, states, and the president (Marbury v. Madison (1803) established the principle of judicial review, giving the Supreme Court the power to strike down acts of the legislative or executive branch that violate the Constitution.)
Which of the following may the judicial branch do to limit the power of the president? a) Begin impeachment proceedings against the president b) Overturn a presidential veto c) Declare an executive order unconstitutional d) Refuse to ratify a treaty the president negotiated	Declare an executive order unconstitutional (The Court has the power of judicial review over executive orders, which are issued by the president.)

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