Select a Chapter to start the quiz.
Where is the origin of the Supreme Court’s concept of justiciability?
Article III of the Constitution
the Judiciary Act of 1789
Marbury v. Madison
Eakin v. Raub
Ex parte McCardle (1869; appeal of a journalist held for trial before a military tribunal) ______.
upheld the authority of Congress to alter the Supreme Court’s appellate jurisdiction
struck down the law removing the Supreme Court’s jurisdiction to hear McCardle’s appeal
held that habeas corpus rights could not be altered by Congress
upheld the constitutionality of criminal libel laws
Judicial review is ______.
the primary weapons the Court uses to keep the other branches in check
the power to declare federal laws unconstitutional
the power to declare state laws unconstitutional
all of these
Federal courts are explicitly given the power of judicial review by ______.
Article I of the Constitution, which describes the process of how laws are passed and repealed
Article III, which specifies the powers of the courts
the Supremacy Clause
the Eleventh Amendment
the Fourteenth Amendment
none of these
How can the elected branches punish the Court for decisions they do not like?
change the size of the Court
impeach justices for high crimes and misdemeanors
keep justices’ salaries constant
Marbury v. Madison ______.
fixed Chief Justice Marshall’s reputation as one of the greatest justices in history
created the power of judicial review
determined that Marbury should not have his judicial commission
Why did the Court rule against Marbury in Marbury v. Madison?
Marbury brought his case to the Court under the guise of the wrong jurisdiction.
Marbury never deserved his judicial commission in the first place.
Marbury’s case was moot.
The Ashwander Principles are meant to ensure the Court will ______.
reach constitutional questions in most cases
avoid unnecessarily reaching constitutional questions
avoid statutory questions in most cases
avoid unnecessarily reaching statutory questions
When it comes to overturning federal laws, the Supreme Court has ______.
overturned a large portion of federal laws since 1790
overturned a small portion of federal laws since 1790
never overturned a federal law since 1790
overturned all federal laws since 1790
How do you know if a lawsuit is collusive?
The litigants want the same outcome.
The case evinces adversity between the two parties.
The case is simply testing the law.
The litigants want the same outcome and the case is simply testing the law.
Article III of the Constitution delineates the powers of the ______.
legislative branch
judicial branch
executive branch