Quiz 1 and 2

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Emory University *

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Political Science

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Dec 6, 2023

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Quiz 1 1. The number of justices on the Supreme Court is determined by: a. Congress, pursuant to Article III 2. If properly applied, which method of Constitutional interpretation pays the least attention to the framers of the Constitution, the historical period of the late 18th century in the United States and the specific text of the Constitution as ratified by the States? a. “Pragmatism” or “Living Constitution” 3. In our first class, we discussed the myriad issues facing the United States in the 1790s that eventually led to the adoption of the original U.S. Constitution. With respect to such discussion, which statement is NOT correct? a. The Slave States were concerned that northern states interested in ending slavery would be able to pass legislation outlawing slavery under the Articles of Confederation. 4. Article III of the U.S. Constitution, in part, grants the Supreme Court the power to rule on "all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; . . . ." Under what circumstances can the Supreme Court interpret the provisions of State Constitutions and State laws passed by State legislatures? a. The Supreme Court can legally interpret the provisions of State Constitutions and State laws if a claim is made that such provisions or laws are in conflict with federal laws or regulations, federal treaties or provisions of the U.S. Constitution. 5. This legal principle stands for the proposition that once a legal issue has been decided, cases presenting the same legal question should be decided in the same manner a. Stare decisis 6. During the Founding Era (1780-1800), what gave the Supreme Court the authority to review decisions of a state’s highest court involving interpretations of the U.S. Constitution? a. Section 25 of the Judiciary Act of 1789 7. Why did the original Constitution of 1787 omit a "Bill of Rights"? a. Nothing in the Constitution explicitly gave the federal government the power to legislate on civil rights and liberties of the people and, therefore, there was no need to explicitly set forth a "Bill of Rights." 8. The legal philosophy known as "textualism" is most similar to which of the following legal philosophies? a. Original meaning 9. In Janus v. AFSCME (2018), Justice Alito's majority opinion concluded that it was appropriate to overrule the legal precedent of Abood v. Detroit Board of Education (1977) for a number of reasons. Which is NOT one of them? a. Unions are for commies and should not be encouraged or assisted by Supreme Court rulings 10. The cases that are chosen to heard by the Supreme Court pursuant to a writ of certiorari are selected by a. The affirmative vote of at least four Justices of the Supreme Court.
Quiz 2 1. You are a justice on the Supreme Court in 2030, and join the majority of the Court to rule that constitutional challenges to political gerrymandering will now be considered and ruled on by the federal courts and the Supreme Court. If drafted correctly, the majority opinion should: a. Overrule Russo v. Common Cause and reaffirm Baker v. Carr 2. In Marbury v. Madison, the Court ruled that: a. Congress did not have the power to amend the original jurisdiction of the Supreme Court. 3. If you were an associate justice on the Supreme Court and concluded that Ex Parte McCardle clearly was the controlling precedent, you must be deciding a case in which: a. Congress was attempting to strip the Court of appellate jurisdiction pursuant to Congress’ power to do so granted by Article III. 4. We discussed the historical significance of Chief Justice Marshall’s opinion in Marbury v. Madison . With respect to such opinion, which statements is correct? a. Marbury was used by the Court to support its contention that the Supreme Court had the sole and final say on the correct interpretations of the Constitution in Cooper v. Aaron 5. In this case, the Court ruled that a state law prohibiting teachers in public or state- supported schools from teaching, or using textbooks that teach, human evolution violated the Establishment Clause a. Epperson v. Arkansas 6. The Court ruled 5-4 that a clergy-led prayer within the events of a public high school graduation violates the Establishment Clause: a. Lee v. Weisman 7. The Court The Court ruled 5-4 that a large Ten Commandments display erected on the grounds of the Texas state capitol did not violate the Establishment Clause a. Van Orden v. Perry 8. The “Political Questions Doctrine,” the judicial doctrine or principle created by the Supreme Court where the Court concludes that it (and the federal court system) should not hear cases which deal directly with issues that the Constitution makes the sole responsibility of the other branches of government, was explicitly relied on in: a. Rucho v. Common Cause 9. The Court ruled that a school voucher program did not violate the Establishment Clause because all schools were eligible to participate, the program did not favor one religion over another and the distribution of aid was determined by parents and not by the government. a. Zelman v. Simmons-Harris 10. The Court ruled that the government has an “overriding governmental interest” in collecting Social Security taxes and an Amish farmer was required to withhold social security taxes despite acknowledging that the compulsory participation requirement interferes with the free exercise of his religion: a. United States v. Lee
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