Chapter 12: Congress and the Courts

Test Bank

Multiple Choice

1. What was the most important ruling in NFIB v. Sebelius (2012)?

A. established the practice of judicial review

B. upheld the individual mandate in the Affordable Care Act

C. struck down provisions of the Endangered Species Act

D. prohibited Congress from exercising judicial powers

Cognitive Domain: Comprehension

Answer Location: The Supreme Court as Policy Maker

Difficulty Level: Easy

2. Which of these types of federal courts is/are most analogous to congressional committees?

A. district courts

B. the Supreme Court

C. state courts

D. courts of appeal

Cognitive Domain: Application

Answer Location: The Federal Courts

Difficulty Level: Medium

3. All of the following are tools that Congress has to check the judiciary EXCEPT ______.

A. ability to withdraw jurisdiction

B. power of impeachment

C. constitutional amendment

D. demote justices to a lower court

Cognitive Domain: Application

Answer Location: Legislative Checks on the Judiciary

Difficulty Level: Medium

4. What is the primary function of courts of appeals?

A. judicial review

B. bankruptcy hearings

C. error correction

D. criminal trials

Cognitive Domain: Comprehension

Answer Location: The Federal Courts

Difficulty Level: Easy

5. Which of the following is an example of statutory interpretation?

A. a ruling that prayer in schools violates the First Amendment

B. a ruling that the president’s war powers allow him to take a particular action

C. a ruling that certain restrictions on abortion access are unconstitutional

D. a ruling that the text of a congressional statute does not apply retroactively

Cognitive Domain: Application

Answer Location: Statutory Interpretation

Difficulty Level: Medium

6. What is the norm of senatorial courtesy?

A. The president informally meets with members of the majority party in the Senate before choosing a nominee.

B. The president consults home state senators before submitting nominees from their state.

C. The Supreme Court defers to the Senate on issues of congressional procedure.

D. Senators have the right to unlimited debate during impeachment proceedings.

Cognitive Domain: Comprehension

Answer Location: The Lower Courts

Difficulty Level: Medium

7. How would a textualist approach interpret a congressional statute?

A. look for the plain meaning for the words at the time the law was enacted

B. examine the legislative history carefully

C. try to interpret the language as if the law were written today

D. rely primarily on legal briefs to interpret various aspects of the law

Cognitive Domain: Application

Answer Location: Statutory Interpretation

Difficulty Level: Medium

8. How are nominees to the Supreme Court appointed to office?

A. The Senate selects a nominee who is then subject to presidential approval.

B. The president selects a nominee and the Senate confirms him or her.

C. The House selects a nominee and the Senate confirms him or her.

D. The president selects and confirms a nominee.

Cognitive Domain: Comprehension

Answer Location: Advice and Consent for Judicial Nominees

Difficulty Level: Easy

9. Which of the following is a stage in the selection and confirmation of federal judges?

A. Senate sends written nomination to the president.

B. Judiciary Committee holds hearings.

C. House of Representatives votes to approve the nominee.

D. President confirms the appointment.

Cognitive Domain: Application

Answer Location: Supreme Court Nominations

Difficulty Level: Medium

10. Why do modern presidents take longer to fill judicial vacancies than in the past?

A. complex rulemaking procedures in the bureaucracy

B. there are not enough qualified nominees

C. recently passed legislation requires a waiting period

D. extensive vetting of potential nominees

Cognitive Domain: Analysis

Answer Location: Supreme Court Nominations

Difficulty Level: Medium

True/False

1. It is easier for Congress to respond to and overrule the Supreme Court in cases involving statutory interpretation opposed to those involving constitutional interpretation.

Cognitive Domain: Comprehension

Answer Location: Statutory Interpretation

Difficulty Level: Easy

2. The Supreme Court hears and decides about half the cases that are appealed to it.

Cognitive Domain: Knowledge

Answer Location: The Federal Courts

Difficulty Level: Easy

3. The controversy around confirming lower court judges is a recent development in the Senate.

Cognitive Domain: Comprehension

Answer Location: The Lower Courts

Difficulty Level: Easy

4. Recent presidents have been known to nominate justices with prior experience in elective office.

Cognitive Domain: Knowledge

Answer Location: Supreme Court Nominations

Difficulty Level: Easy

6. The creation of federal courts other than the Supreme Court is left entirely to the discretion of Congress.

Cognitive Domain: Comprehension

Answer Location: The Federal Courts

Difficulty Level: Easy

7. The use of the filibuster set a new precedent permitting confirmation of future Supreme Court justices by simple majority vote in the Senate.

Cognitive Domain: Comprehension

Answer Location: Supreme Court Nominations

Difficulty Level: Easy

8. Confirmation hearings for Supreme Court nominees have been routine since the 1950s.

Cognitive Domain: Comprehension

Answer Location: Supreme Court Nominations

Difficulty Level: Easy

9. Only one Supreme Court justice has ever been impeached.

Cognitive Domain: Knowledge

Answer Location: Impeachment of Judges

Difficulty Level: Easy

10. In general, parties unhappy with a judicial decision at the district court level have an automatic right of appeal to a district court of appeals.

Cognitive Domain: Comprehension

Answer Location: The Federal Courts

Difficulty Level: Easy

11. The Constitution sets the size of the Supreme Court at nine justices.

Cognitive Domain: Knowledge

Answer Location: Size, Procedure, and Pay

Difficulty Level: Easy

12. Lawmakers are generally reluctant to amend the Constitution.

Cognitive Domain: Comprehension

Answer Location: Constitutional Amendments

Difficulty Level: Easy

13. District courts are organized by state, in a manner similar to congressional districts.

Cognitive Domain: Knowledge

Answer Location: The Federal Courts

Difficulty Level: Easy

14. When there is a dispute between states and the federal government, the Supreme Court ultimately determines the scope of powers possessed by each.

Cognitive Domain: Knowledge

Answer Location: Federalism

Difficulty Level: Easy

15. Turnover on the courts is faster than it is in Congress.

Cognitive Domain: Knowledge

Answer Location: Legislative Checks on the Judiciary

Difficulty Level: Easy

16. Federal judges are not subject to impeachment.

Cognitive Domain: Knowledge

Answer Location: Impeachment of Judges

Difficulty Level: Easy

Essay

1. What is the “nuclear option” and how does it apply to judicial nominees?

Cognitive Domain: Comprehension

Answer Location: The Lower Courts

Difficulty Level: Medium

2. How do the factors of ideology and qualifications figure into Senate decision-making on judicial nominees?

Cognitive Domain: Comprehension

Answer Location: Supreme Court Nominations

Difficulty Level: Hard

3. Why have lower court confirmations become much more controversial in recent years?

Cognitive Domain: Analysis

Answer Location: The Lower Courts

Difficulty Level: Medium

4. What is judicial activism and how is this criticism used by members of Congress?

Cognitive Domain: Comprehension

Answer Location: “Judicial Activism”

Difficulty Level: Medium

5. What are some of the costs and benefits of allowing television cameras to film Supreme Court proceedings?

Cognitive Domain: Analysis

Answer Location: Legislative Checks on the Judiciary

Difficulty Level: Medium

6. Why are aspirants seeking federal judgeships at a lower rate?

Cognitive Domain: Analysis

Answer Location: Size, Procedure, and Pay

Difficulty Level: Hard

7. Describe a time when Congress used a constitutional amendment to overturn a Supreme Court ruling.

Cognitive Domain: Knowledge

Answer Location: Constitutional Amendments

Difficulty Level: Easy

8. What is the power of judicial review?

Cognitive Domain: Comprehension

Answer Location: The Supreme Court as Policy Maker

Difficulty Level: Easy

9. How has Congress used the power of impeachment in checking the judiciary? Is it a viable way to reign in “activist” judges?

Cognitive Domain: Analysis

Answer Location: Impeachment of Judges

Difficulty Level: Medium

10. What does it mean for Congress to “withdraw jurisdiction” from the Court and how has this power been used in the past?

Cognitive Domain: Analysis

Answer Location: Withdrawal of Jurisdiction

Difficulty Level: Medium

11. What is the purpose of the “lifetime tenure” provision in the Constitution?

Cognitive Domain: Comprehension

Answer Location: The Federal Courts

Difficulty Level: Medium

12. Some people argue that judges have become too activist in their approach to interpreting the Constitution and legislation. What are the main ways Congress can check the judiciary? Which of these tools do you believe is most effective? Does Congress need stronger tools to reign in judges?

Cognitive Domain: Analysis

Answer Location: Legislative Checks on the Judiciary

Difficulty Level: Hard

13. Select a recent nominee to the Supreme Court under either the Bush or Obama presidency. Using news and government sources, trace the nominee from his or her selection by the president to confirmation by the Senate. You may wish to consider factors such as what the presidential vetting process looked like, what factors the president seemed to consider in selecting the nominee, to what extent the president considered (and was constrained by) the Senate’s advice and consent power, senatorial courtesy, to what extent the Senate considered qualifications versus ideology in hearings, and other issues that were raised in hearings.

Cognitive Domain: Analysis

Answer Location: Various

Difficulty Level: Hard

14. Select a recent Supreme Court case. Using LexisNexis, SCOTUSblog, and other news and governmental sources, analyze both the decision itself and responses to the decision by Congress.

Cognitive Domain: Analysis

Answer Location: Various

Difficulty Level: Hard