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The founders of the American republic believed that most of the power exercised by a national government should be in the hands of the _____.
b) Electoral College
The most important of the domestic powers of Congress are the right to collect taxes, _____.
a) to spend, and to regulate commerce
b) to establish post offices, and to regulate copyrights and patents
c) to establish the federal court system, and to coin money
d) to coin money, and to borrow money
e) to establish rules for naturalizing citizens, and to borrow money
The necessary and proper clause _____.
a) has expanded the role of the national government relative to that of the states
b) has increased the powers of the state governments at the expense of Congress' powers
c) was eliminated as a consequence of the Twenty-seventh Amendment
d) has served to limit the expansion of national authority
e) is located in the Constitution in the text of the Tenth Amendment
One major difference between the House and Senate is the total number of members, ensuring that _____.
a) the House will spend much more time on a bill on the floor than will the Senate
b) the Senate is able to decide on the proper action on a bill quicker than the House
c) a greater number of formal rules are needed to govern activity in the House
d) House members must sit on more committees than senators
e) that a constitutional amendment has been proposed to increase the size of the House and to reduce the numbers in the Senate
Members of the Senate are elected every _____ years.
An attempt in the Senate to prevent the passage of a bill through the use of unlimited debate is a(n) _____.
b) continuing resolution
e) unanimous consent agreement
Research has shown that _____ districts are more competitive because they have not been drawn to favor one party over the other.
Redistricting is _____.
a) the allocation of seats in the House to each state after each census
b) the redrawing of district boundaries within each state to ensure equal district populations
c) a court order to hold new elections because of voting irregularities
d) the alteration of a legislative formula that apportions spending among the states
e) normally a bipartisan exercise
Which statement about gerrymandering is true?
a) Gerrymandering is a relatively new tactic, originating in the 1960 congressional elections, that is used to increase the likelihood of an incumbent being reelected with minimal opposition.
b) In the case of Davis v. Bandemer the Supreme Court ruled that redistricting for the political benefit of one group could be challenged on constitutional grounds and agreed that districts in Indiana had been drawn unfairly because voters were deprived of influence at the polls.
c) During the early 1990s, the federal government encouraged gerrymandering that made possible the election of a minority representative from areas where minority voters were the majority.
d) The Supreme Court has supported the creation of congressional districts based solely on race or ethnicity and stated that in no way do they undermine the equal protection clause of the Constitution.
e) The Supreme Court in 1996 and 2001 held that North Carolina has drawn districts with race being the dominant factor and ordered that they be redrawn to remedy the racial gerrymandering.
A group of senators or representatives who join together because they share similar opinions, interests, or personal characteristics is a(n) _____.
c) interest group
e) political action committee
A legislator with a _____ is reelected with a vote of 55 percent or higher by voters in their district.
a) gerrymandered district
d) majority seat
e) safe seat
Which of the following is true concerning leadership in the House of Representatives?
a) Since the 1990s, the Speaker is limited in power due to increased partisanship.
b) Since the 1990s, leadership of the House has held significant power to control the agenda.
c) Leadership since the 1990s has been able to provide fewer rewards to its members.
d) The degree of polarization between the majority and minority parties has decreased since the 1990s.
e) Since the 1990s, party cohesion has decrease
The president of the Senate is _____.
a) the leader of the majority party in the Senate
b) the senator with the most seniority, regardless of party
c) the fourth person in line to succeed the president
d) the vice president of the United States
e) always a member of the majority party in the Senate
An important function of the House majority leader is to _____.
a) report all progress of legislation to the President
b) walk the bill through the Senate, providing the bill has passed the House
c) provide opposition to the Speaker
d) act as spokesperson for the majority party in the House
e) preside over meetings of the House
After a bill has been introduced and referred to a committee, the committee _____.
a) is required to pass the bill on to the entire house
b) is not allowed to make changes in the bill's wording
c) may hold hearings to explore the merits of the bill
d) is required to refer the bill to a subcommittee
e) is required to consult with the president's official legislative liaison
Most people who study the decision-making process in Congress agree that the single best predictor for how a member will vote is his or her _____.
a) affiliation with organized interest groups
c) length of time in Congress
d) party affiliation
The conservative coalition _____.
a) was a faction of the Democratic Party
b) united conservative southern Republicans and most Democrats
c) has weakened because most Southern conservative congresspersons are now Republican
d) was a faction of the Republican Party
e) was created by Ronald Reagan in the 1980 election
The Sixteenth Amendment provided Congress the power to _____.
a) determine who will be acting president is the case of the death or incapacity of the president or vice president
b) enforce provisions within other amendments through appropriate legislation
c) levy an income tax
d) certify the election a president and vice president
e) select the president and vice president if no candidate has a majority of the electoral vote
After two Supreme Court vacancies occurred during the first two years of Barack Obama's term as president, he nominated _____ to become the newest members of the Court.
a) Sandra Day O'Connor and William Rehnquist
b) David Souter and John Paul Stevens
c) Harriet Miers and Goodwin Liu
d) Sonia Sotomayor and Elena Kagan
e) Samuel Alito and John Roberts
The average Senate office on Capitol Hill employs about _____ people.
The standing committee in the House of Representatives that provides special rules under which a bill can be debated, amended, and considered is the _____ Committee.
a) House Administration
e) Ways and Means
Members of the House of Representatives are elected every _____ years.
Cloture entails _____.
a) methods used to defeat legislation in Congress
b) attempts to limit debate on a bill in the Senate
c) closed meetings held by parties to elect their leadership or resolve important issues
d) actions of the House Rules Committee that must be approved by the Speaker
e) adjournment of Congress
Which of the following statements about gerrymandering is true?
a) One of the few states in which gerrymandering no longer occurs is New York, where the state legislature prohibits such practices.
b) The strategy of dividing the opposing party's supporters into different districts is known as "packing."
c) Partisan redistricting almost inevitably works to the detriment of incumbents.
d) The Supreme Court has been unwilling to review the constitutionality of legislative plans to redraw congressional districts.
e) Although the Supreme Court has been willing to review the constitutionality of redistricting plans, the most recent decisions have upheld redistricting plans in Pennsylvania and Texas.
Which statement about redistricting is true?
a) Partisan redistricting aids challengers because most voters distrust incumbents.
b) Redistricting decisions are made by the majority party in the House of Representatives.
c) Only 30 to 50 of the 435 seats in the House of Representatives are open for real competition in the most recent elections.
d) Gerrymandering allows districts to be redrawn in such a way as to ensure one political party's continued strength in the state legislature, not Congress.
e) The concept of "one person, one vote" applies to presidential election, not the apportionment of U.S. congressional districts.
The allocation of seats in the House to each state after each census is _____.
a) constituent service
In the House of Representatives, the discharge petition is used to _____.
a) force the Speaker to take action on a bill
b) prevent the president from using the pocket veto
c) force a bill out of committee so that the entire House can vote on it
d) delay action on a bill that has the support of the majority
e) adjourn for the remainder of the session
Caucuses are valuable to the legislative process because _____.
a) most of the actual work of legislating is performed within these groups
b) they serve as a forum to bring together the most senior members of Congress to establish the agendas in the Senate and House of Representatives
c) they are agencies with professional staffs that produce information, like reports, audits, and policy, for members of the House and Senate
d) they provide information to the members and devise legislative strategy for the members based on the unifying group focus
e) they serve as a buffer between members of Congress and the influence of business and special interests
The president pro tempore is the _____.
a) temporary presiding officer of the Senate in the absence of the president of the Senate
b) chief spokesperson of the majority party in the Senate
c) vice president of the United States
d) Speaker of the House
e) House Majority Leader
The House of Representatives has a more formal, complex, and centralized leadership structure compared to the Senate because _____.
a) the Senate was originally supposed to be composed of more elite members of society who would have not required procedural rules to maintain order
b) the House of Representatives has a diverse membership that is similar to the multiparty systems found in a parliament
c) the membership of the Senate is less than one-fourth the size of the House of Representatives
d) the Senate has six years to pass the same laws that the House must address in only two years
e) the members in the House tend to be younger and more inexperienced, requiring more detailed procedures for the legislative process
The foremost power holder in the House of Representatives is the _____.
a) president of the House
b) majority leader
c) president pro tempore
d) Speaker of the House
e) majority whip
When a senator says, "One man's pork is another man's job," that senator is probably referring to _____.
a) a continuing resolution
b) an earmark
c) an enumerated power
d) a filibuster
The Budget and Impoundment Control Act of 1974 requires _____.
a) members of Congress to inform their constituents of their votes on appropriations measures
b) the president to spend the funds that Congress has appropriated
c) a balanced budget by the 1993 fiscal year
d) the president to present an executive budget
e) budgets to receive the approval of the American people before they go into effect
"Money bills" _____.
a) are introduced by the president
b) must start in the Senate
c) must originate in the House
d) must originate in conference committee
e) must receive a two-thirds vote in both hou
Executive agreements are _____.
a) not valid in foreign policy matters unless approved by the Senate
b) binding upon future presidents
c) agreements between the president and a head of government in another country that do not have to be approved by the Senate
d) an unconstitutional expansion of the power of the president
e) used to achieve trivial matters, because the most significant issues must be addressed by the Senate
If the president wished to create foreign policy without following the process outlined in the Constitution, a(n) _____ could be used to accomplish the task.
a) executive agreement
b) executive order
c) executive privilege
d) pocket veto
e) provision in the War Powers Resolution of 1973
The _____ system uses a merit system to hire government employees.
b) civil service
d) political allegiance
When the veto power is used, the president _____.
a) must submit legislation that would accomplish the same goal but through a different means
b) cannot use another veto for ten working days
c) must have the approval of the Senate majority leader and the Speaker of the House
d) must return the bill to Congress with a veto message
e) cannot be overridden by Congress
Presidents who have used the veto power with unusual frequency include _____.
a) Abraham Lincoln and George W. Bush
b) Thomas Jefferson and George W. Bush
c) Grover Cleveland and Franklin D. Roosevelt
d) Martin Van Buren and John Adams
e) Martin Van Buren and Warren Harding
Which statement about legislation and the president is true?
a) Congress is required to introduce pieces of legislation that the president presents in the State of the Union message.
b) Laws have been passed to restrict the president's ability to lobby Congress.
c) The president may influence members of Congress to create legislation that aligns with the White House agenda by using threats of not being reelected.
d) The Office of Management and Budget is able to lobby Congress on behalf of the president and monitor the progress of legislation.
e) Meeting with congressional leaders and making public announcement to influence public opinion to persuade Congress to support his agenda.
Political scientist Richard Neustadt argues that presidential power is ultimately the power to _____.
When a president and vice president leave office, the _____ physically take control of all records related to that administration..
a) Department of Justice
b) National Archives
c) National Park Service
d) Secretary of State
e) staff of the presidential library
Presidents have used _____ to withhold information on the activities of the executive branch from other branches of government.
a) executive agreements
b) executive order
c) executive privilege
d) pocket vetoes
e) signing statements
The Office of National Drug Control Policy and Office of National AIDS Policy are part of the _____.
a) Department of Health and Human Services
b) Executive Office of the President
c) National Security Council
d) Office of Management and Budget
e) White House Office
The Office of Management and Budget _____.
a) helps Congress write the budget
b) helps the president prepare the annual budget
c) has the power to revise the budget passed by Congress
d) is rarely newsworthy in modern times
e) was created during the Truman administration
_____ are appointed without Senate confirmation for the term of the president to focus on one special policy area.
b) Cabinet members
c) Department heads
d) Policy tsars
e) Policy chiefs
The only formal duty of the vice president is to _____.
a) preside over the Senate
b) oversee the federal court system
c) serve as a member of the Cabinet
d) preside over the Council of Governors
e) represent the United States in the United Nations
According to the Twenty-fifth Amendment, if a president's ability to discharge his normal functions is in question and he is unable to communicate, ______.
a) the Supreme Court is empowered to select a physician to certify whether or not the president is able to perform the functions of his office
b) the Speaker of the House becomes acting president until the matter is resolved
c) a majority of the cabinet, including the vice president, can declare the president incapable
d) the president must be permanently removed from office
e) the vice president has the exclusive power to determine the president's capability
Presidential approval ratings tend to be _____.
a) very high when a new president takes office and then quickly declines to a low that is maintained throughout the remainder of the term
b) very high throughout the term as the president demonstrates his power as the Chief Legislator
c) very low throughout the term as Congress immediately and continually attacks the new president
d) very high when a new president takes office with a decline in the last two years of the second term
e) inconsistent, with no regular pattern that can be identified
A key difference between a treaty and an executive agreement is that _____.
a) a treaty has to be approved by Congress
b) executive agreements expire at the end of a president's term in office
c) treaties are much more common (about 13,000) compared to executive agreements (around 1,300)
d) executive agreements can only be made with other nations
e) a treaty can only be made is one country, while an executive agreement can include multiple countries
In 1999, President Clinton extended a conditional offer of clemency to a group of _____ nationalists who had been tried for planning terrorist attacks in the United States.
d) Puerto Rican
_____ justices of the Supreme Court joined in an opinion that the president may resist laws that encroach upon presidential powers by "disregarding them if they're unconstitutional."
Presidents tend to have _____.
a) low legislative success rates at the beginning of their administrations with a steep increase in the middle and then a decline at the end
b) high legislative success rates throughout their administrations as they pursue their role as Chief Legislator
c) low legislative success rates throughout their administrations as Congress checks and balances them
d) no consistent pattern in their legislative success rates
e) high legislative success rates at the beginning of their administrations with a steep decline at the end
Senator _____ asserted that President Bush's signing statements were only an "expression of presidential opinion" and carried no legal weight.
a) John Cornyn
b) Kay Bailey Hutchinson
c) Ted Kennedy
d) John Kerry
e) Harry Reid
Rewarding faithful party workers with government employment is called _____.
a) civil service
b) executive privilege
c) going public
In United States v. Nixon, the Supreme Court ruled that _____.
a) a sitting president cannot be sued in civil court for offenses that occurred before the president took office
b) executive privilege would not protect Richard Nixon's attempt to withhold tapes of White House conversations
c) congressional approval must be granted before presidents make use of executive privilege
d) the president is immune from criminal prosecution except for impeachable crimes
e) members of the Secret Service cannot be required to testify against the president
Which of the following is an example of the president's constitutional powers?
a) Issuing an executive order
b) Declaring national emergencies
c) Giving a State of the Union message
d) Invoking executive privilege
e) Declaring war
National Security Council is a link between _____.
a) Congress and the president
b) leaders of foreign governments and the president
c) the Security and Exchange Commission and the president
d) key foreign and military advisors and the president
e) state governments and the president
The duties of the _____ revolve around protecting the president's political interests.
a) National Security Council
b) Office of Management and Budget
c) Secret Service
d) Supreme Court
e) White House Office
The members of the Cabinet _____,
a) are an informal group of presidential advisers
b) are limited to the heads of the fifteen executive departments
c) include the heads of the fifteen executive departments plus other top officials chosen by the president
d) include only the heads of the Departments of State, Justice, Defense and Treasury, plus the heads of the Environmental Protection Agency (EPA), Central Intelligence Agency (CIA), and Federal Bureau of Investigation (FBI)
e) are a subset of the executive department heads, chosen by the president
Presidential candidates in recent years have asked individuals to join the ticket as a vice presidential candidate to _____.
a) represent the opposing party's values
b) serve as president if the president dies
c) reinforce one of the presidential candidate's perceived weaknesses
d) share knowledge of how the federal system operates
e) serve as a co-president
_____ served as vice president before ascending to the presidency.
a) Dwight D. Eisenhower
b) Jimmy Carter
c) Ronald Reagan
d) George H.W. Bush
e) Al Gore
Excluding military personnel, there are about _____ employees in the federal bureaucracy.
c) 2.7 million
d) 27 million
e) 270 million
The monopolistic model of bureaucracy states that _____.
a) decision making should be a rational process
b) advancement should be based on merit
c) bureaucracies seek expanded budgets and increased size
d) bureaucracies should apply similar decisions to similar situations
e) bureaucracies have no competitors and are, therefore, inefficient
The desire of bureaucrats to "sell" their products such as national defense, public housing, agricultural subsidies, would be an example of the _____ model of bureaucracy.
With subsidies for Amtrak exceeding $1 billion a year, a member of Congress noted that "Every time a passenger boards a train, Uncle Sam writes a check for $_____ on average."
The Central Intelligence Agency (CIA), the Environmental Protection Agency (EPA), and the Smithsonian Institution are examples of _____.
a) cabinet departments
b) corporations subject to regulation
c) government corporations
d) independent regulatory agencies
e) independent executive agencies
Independent executive agencies are _____.
a) the most recent cabinet departments
b) responsible for regulating major aspects of the economy
c) not part of cabinet departments but report directly to the president
d) responsible for reporting directly to Congress
e) staffed entirely by political appointees
President Bill Clinton's plan for reforming the bureaucracy was called _____.
a) Performance-Based Budgeting
b) Reinventing Government
c) Pay as You Go
d) Zero-Based Budgeting
e) Incremental Budgeting
The main prohibition outlined in the Hatch Act was _____.
a) that employees of state government cannot seek election to a national government position
b) aimed at preventing employees from holding two governmental positions at the same time
c) that civil service employees cannot take an active part in political campaigns
d) aimed at preventing government employees from joining political parties
e) ruled unconstitutional by the Supreme Court in 1993
Which of the following statements about the U.S. military is true?
a) The Supreme Court has ruled that the military should not be allowed to privatize its activities because of national security concerns.
b) The fall of the Berlin Wall prompted a dramatic increase in military spending.
c) Although private contractors are used by the U.S. military throughout the world, it has been determined that private contractors cannot be trusted in Iraq.
d) With the need for fewer soldiers, the Pentagon relies on private contractors to do many of the jobs once done by the military itself, such as food preparation, building infrastructure, even providing armed security.
e) The dramatic increase in the number of active duty troops makes the decision of the Pentagon to rely on private contractors even more difficult to justify or understand.
Issue networks are _____.
a) news organizations that explore how government programs affect common people
b) communications between the president and interest groups
c) Web sites set up by Congress to solicit public opinion
d) discussions between the president and his top advisors held in remote locations
e) an alliance that may contain scholars, interest groups, executive agency staff, and legislative staff members
The two possible approaches Congress may use to oversee the bureaucracy are the _____.
a) police patrol and fire alarm approaches
b) iron triangle and issue network approaches
c) spoils system and merit system
d) enabling legislation and sunset law
e) executive agency and government corporation
An agency that is sensitive to change in presidential administrations is the _____, created by Congress in 1970.
a) Department of Education (ED)
b) Department of Veteran Affairs (VA)
c) Environmental Protection Agency (EPA)
d) Occupational Safety and Health Administration (OSHA)
e) Office of Personnel Management (OPM)
Which model of bureaucracy explains that top-level bureaucrats will always try to expand, or at least avoid any reductions in, the size of their budgets?
a) acquisitive model
b) merit model
c) monopolistic model
d) spoils model
e) Weberian model
Bureaucracy is the name given to _____.
a) a large organization, structured hierarchically, that carries out specific functions
b) any organization that has major problems when attempting to accomplish its goals
c) a group of people who work to enforce policies in a way that prevents quick results
d) any large branch of a government that has power to interpret laws
e) government organizations, but not corporate or university ones
Within a bureaucracy the units of organization are divided according to the _____.
a) corresponding committee jurisdiction within Congress
b) legislative mandate authorized by Congress
c) desires of each presidential administration
d) specialization and expertise of the employees
e) pay grade of the employees
Which of the following statements about bureaucracy is true?
a) The bureaucracies of the federal government have grown in scope so that no problem is beyond an agency's authority to solve.
b) The elimination of overlapping jurisdictions within agencies, corporations, and line departments has eradicated confusion when problems or crises arise.
c) Some problems and crises are so severe they require help from multiple agencies.
d) The federal bureaucracy includes agencies, corporations, and line departments that all share the same mission.
e) Each agency, corporation, or line department has unique jurisdictions that do not overlap with other parts of the federal bureaucracy.
_____, which is the second largest employer in the United States (after Walmart), has more than 700,000 employees.
b) The CIA
c) The Department of Defense
d) The Department of State
e) The U.S. Postal Service
_____ are directly accountable to the president and are responsible for performing government functions, such as printing money and training troops.
a) Administrative agencies
c) Government corporations
d) Line organizations
e) Triangle networks
The spoils system can be viewed as _____.
a) the major problem of the federal bureaucracy today
b) a successful alternative to the Weberian model
c) a new theory for employee selection and retention
d) a system of patronage
e) a means of ensuring the best and the brightest holding positions in government
Sunset legislation requires _____.
a) each agency to submit its budget for review by the Office of Management and Budget (OMB)
b) environmental impact statements for federal projects
c) federal employees to retire at the age of 65
d) the termination of a program unless Congress has reauthorized it
e) the states to adopt state versions of the Government in the Sunshine Act
The average term of service for political appointees is _____.
a) about six months
b) less than one year
c) less than two years
d) three years
e) four years
Once a regulation has been promulgated by an agency and published in the Federal Register, there is a _____ waiting period before the rule can be enforced, allowing parties to ask Congress to overturn the regulation.
_____ is often conducted under the condition that the participants promise not to challenge in court the outcome of any agreement to which they were a party.
b) Government in the Sunshine legislation
c) Negotiated rule making
With negotiated rule making, federal agencies have begun encouraging businesses and public interest groups to become directly involved in _____.
a) administering regulations
b) drafting the regulations that affect them
c) lobbying Congress to relax regulations
d) lobbying the president concerning bureaucratic reorganization
e) taking responsibility for their own self-regulation
A court rule bearing on subsequent legal decisions in similar cases is called _____.
a) common law
b) criminal law
c) a judicial maxim
d) a precedent
e) statutory law
The doctrine of stare decisis means _____.
a) to reverse the decision of a lower court
b) that the court does not have jurisdiction in a case
c) to refer a case to the next highest court
d) to stand on the decided cases
e) strict interpretation
As the number of courts and cases increased, portions of the most important decisions of each year were compiled in _____.
a) case law
b) common law
d) legal volumes
e) year books
The ability of the Supreme Court to "say what the law is" is more formally known as _____.
a) general jurisdiction
b) judicial activism
c) judicial review
d) limited jurisdiction
e) strict construction
Using judicial review, the Supreme Court has ruled state laws to be unconstitutional about _____ times in its history.
Which statement about the Supreme Court is true?
a) The Supreme Court can influence the nation's policies by deciding to hear some types of cases and refusing to hear appeals in others.
b) Congress has the discretion of determining the cases that the Supreme Court will hear.
c) The cases that the Supreme Court reviews often involve issues between the executive branch and legislative branch.
d) Cases that are not heard during the regular annual term of the Supreme Court are allowed to stand based on the lower court's decision.
e) The Supreme Court reviews about 25 percent of the total number of cases that are decided each year.
The Supreme Court can review a state supreme court decision _____.
a) if a federal question is involved
b) if there are damages in excess of $50,000
c) if the solicitor general asks them to do so
d) in all cases
e) in cases in which the state is a party
The federal court derives its power from _____ and is organized according to _____.
a) Article III of the Constitution; congressional legislation
b) the Supreme Court; Article III of the Constitution
c) stare decisis; Article IV of the Constitution
d) the Fifth Amendment; congressional legislation
e) executive order; precedent
If the National Organization of Women wanted to influence the Supreme Court's ruling on a case, a(n) _____ would have the greatest influence.
a) amicus curiae brief
b) class-action suit
c) oral argument
d) unanimous opinion
e) writ of certiorari
_____ , appointed by Gerald Ford, was expected to be a moderate or conservative in his views, but over time became a member of the liberal bloc on the court.
a) Felix Frankfurter
b) Sandra Day O'Connor
c) William Rehnquist
d) David Souter
e) John Paul Stevens
Over the course of American history, Supreme Court justices have tended to be _____.
c) Protestant, white males
d) former members of Congress
e) former state governors
The most likely occupational position of a Supreme Court nominee before nomination is _____.
a) federal judgeship
b) state judgeship
c) U.S. Attorney General
d) U.S. Solicitor General
e) U.S. Senator
The Rehnquist Court _____.
a) was more liberal because of Chief Justice Rehnquist's liberal ideology
b) had decisions that were predictable given the views of the justices
c) had many unanimous decisions that favored the conservative ideology
d) had many close votes that were unpredictable
e) was unique because there was no swing vote among the justices
An issue that the court believes should be decided by the executive or legislative branch is called _____.
a) extrajudicial concern
b) judiciable controversy
c) jurisdictional issue
d) political question
e) precedent-setting issue
If Congress disagrees with a decision of the Supreme Court concerning the interpretation of the U.S. Constitution, it can _____.
a) ignore the decision
b) propose an amendment to the Constitution that would negate the Court's ruling
c) request that the president veto the decision
d) pass a new law that would negates the Court's ruling
e) do nothing because the court has the final say
Most American law is based on _____.
a) the doctrines of Friedrich Engels, a German philosopher
b) the ideas of Thomas Paine, an American patriot and legal scholar
c) Roman law
d) the English legal system
e) the Bible
The rules and principles announced in court decisions are called _____.
a) administrative regulations
b) case law
c) judicial traditions
The body of judge-made law is known as _____.
a) administrative regulations
b) common law
c) criminal law
d) judicial maxims
e) statutory law
The power of the courts to determine whether a law or action by the other branches of government is constitutional is called _____.
a) appellate review of fact
b) habeas corpus
c) judicial review
e) the writ of judicial appeal
Judicial review _____.
a) is clearly outlined in Article III of the Constitution
b) does not provide judges and justices enough influence over national policy
c) does not provide the courts the power to protect our constitutional rights and liberties
d) is necessary to check Congress's lawmaking authority
e) undermines the major policy-making tools of the federal courts
Under the doctrine of judicial review, the Supreme Court has ruled parts or all of acts of Congress to be unconstitutional about _____ times in its history.
To engage in legal proceedings or seek relief in a court of law is to _____.
a) exercise judicial review
b) exercise jurisdiction
e) submit a brief of amicus curiae
A writ of certiorari by the Supreme Court orders _____.
a) both parties in a case to reach agreement without further litigation
b) state courts to abide by the decisions of the Court
c) a lower court to send it the record of a case for review
d) Congress to rewrite unconstitutional legislation
e) that a prisoner be brought before the court and the reasons for the detention provided
The United States has a dual court system meaning that there are _____ courts.
a) civil courts and criminal
b) district courts and territorial
c) misdemeanor and felony
d) state courts and local
e) state courts and federal courts
Presidents have the power to change the direction of the Supreme Court and the federal judiciary by _____.
a) appointing new judges who in principle have philosophies consistent with the president
b) firing judges and justices on the grounds of incompatibility
c) forcing Congress to consider impeachment of specific judges
d) declaring martial law, which restricts judicial decision making
e) limiting the jurisdiction of the federal courts with an executive order
Under our constitutional system, federal judges are _____.
a) elected by the people of the United States
b) nominated by the president and then confirmed by majorities in both the House and Senate
c) nominated by the president and then confirmed by two-thirds of the House and the Senate
d) selected by the president, serve for a year, and then the Senate and the House vote on whether they will continue on the bench
e) nominated by the president and confirmed by a majority of the Senate
Senatorial courtesy allows a senator for the president's political party to veto a judicial appointment in his/her state by issuing _____.
a) a blue slip
c) formal condemnation
d) a pink slip
e) a senatorial veto
The judicial philosophy that looks to the context and purpose of a law when making an interpretation is known as _____ construction.
Public opinion can serve as a check on the judiciary because _____.
a) people have the ability to vote federal judges out of office if they do not approve of the rulings of the courts
b) the public may pressure elected officials not to enforce an unpopular ruling
c) the Supreme Court typically polls the public as a basis for their decisions
d) the president will veto a Supreme Court decision if it is politically unpopular
e) Congress will override a decision of the Supreme Court with a majority vote in both houses
Today's Supreme Court can be described as having a(n) _____ ideology.
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