The Role of Courts – Quiz Multiple Choice – 5 Questions Question 1: According to the Constitution, does the Supreme Court have to power to make laws? a. Yes, the Supreme court can create any law it likes b. No, the Supreme Court can only interpret the law. c. Somewhat, the president can tell the Supreme Court to make a law d. The Supreme Court has nothing to do with law Question 2: How are the federal courts checked and balanced? a. By having the power to shut down the government at will b. By having the power to expound on a law of the court’s choosing c. By having the power only to issue advisory opinions d. By having the power only to hear “Cases or Controversies” Question 3: Who nominates Supreme Court justices? a. The President b. The Senate Pro Tempore …show more content…
Plessy vs Ferguson b. McCulloch vs Maryland c. Madbury vs Madison d. Brown vs Board of Education Question 5: Should judges ever be striking down laws that are good policy, or upholding laws that are bad policy? a. No, bad policy should always be struck down and good policy always upheld, regardless of consistency with the constitution. b. If necessary, as each judge should always uphold or strike down laws based on their own opinion of the law. c. If necessary, as the judges should be upholding or striking down laws based on their consistency with the constitution, and disregarding whether they are good or bad policy. d. The judges do not have the authority to uphold or strike down laws. Short Answer Questions – 5 Questions Question 1: Summarize this quote from former Attorney General Edwin Meese in your own words: “Those who framed the Constitution chose their words carefully; they debated at great length the most minute points. The language they chose meant something. It is incumbent upon the Court to determine what that meaning was.” A: The Constitution was carefully worded, and the Court has the responsibility of interpreting it. Question 2: What is the process for confirming a Supreme Court
3) Jen operates Jen’s Fruits & Vegetables, a small market stocked entirely with produce grown on her adjacent farm. Under what clause of the Constitution can the federal government regulate Jen’s activities? What is Jen’s best argument against federal regulation of her farm and business? 4) Blizzard Entertainment,
4 Should the language of the U.S Constitution be applied in its original meaning or should it be applied in a more expansive sense? Explain
The Supreme Court often oversteps its perceived legal sovereignty when using judicial review. Article III of the Constitution solely vests the courts the “judicial power of the United States” never mentioning the power of judicial review. The judiciary’s duty, according to the law of the land, is “to interpret the laws, not scan the authority of the lawgiver” (Gibson, J.). The judiciary has not followed a strict interpretation of the constitution; rather, it has encroached on the power of the legislative branch and the sanctity of the separation of powers. If the Constitution “were to come into collision with an act of the legislature” (Gibson, J.), the Constitution would take precedent, but it is
In the Marbury Vs. Madison’s case Justice John Marshall represented the case and I strongly believe that his points were solid and worth to be granted true and rational. John Marshall’s argument is that the acts of Congress in conflict with the Constitution are not laws and therefore are not progressed into law to the courts, and ultimately the judicial boards’ first responsibility is always to practice and to make firm of the Constitution.
In the Judicial Branch, the Supreme Court has the power to disregard the Constitution or listen and go along with the Constitution. The Supreme Court also has the power to do the opposite and decide which case goes with the law and ignore the Constitution. This document shows the powers between the Legislative and Judicial Branch. By the system of Checks and Balances between the Legislative and Judicial Branch, The Judicial Branch has the power to reject laws that are unconstitutional from the Legislative Branch. But in turn, the Legislative Branch has the power to approve appointments of Supreme Court Justices from the Judicial Branch. (Page 162 9.2, DBQ Document
In the Constitution, the Supreme Court is the overriding law of the land. The Supreme Court can overrule the decisions made by the likes of a state or appeals court. The Constitution is clear in its attempts to unify the nation and strengthen the federal government, all while maintaining the freedoms of the states and the feeling of equality. Though the Constitution is written in a vague way, leaving it to be open for interpretation and allowing it to conform with the changes that time brings to society. But because of the uncertainty of the document, it has often been misinterpreted, or has caused a wide array of viewpoints of a certain issues. The most memorable example being that of the Civil War, but today it is even more prevalent when we try to relate modern day issues to the ambiguous instructions left to us by our forefathers.
b. State laws may not violate the U.S. Constitution and all state courts must uphold (through
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican
Ever since the constitution had been created in 1787, there have been multiple disputes on how it should be interpreted. The federalist, such as Alexander Hamilton, believed it should be interpret loosely; if it didn’t say anything about on the constitution, it never said not to do it. On the other hand, democratic – republicans like Thomas Jefferson, how thought that it should interpreted strictly; that if it doesn’t say anything in the constitution it should not be allowed.
Thirdly, does the Supreme Court have the power to deem acts of Congress unconstitutional? In the words of John Marshall, “It is emphatically the province and duty of the Judicial Department to say what the law is.” Yes, it is the duty of the Supreme Court to determine whether a law or action from both the Executive and Legislative Branch is deemed unconstitutional.
c. The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and
Both of these interpretations are ways to go around the laws already set in stone. I believe that there should be some type of law created to protect the constitution. I do not agree with either interpretations and I believe that they are both wrong. These are examples of flaws in the constitution that should be dealt with. As I listened to this debate I realized and understood more and more
first look at the validity of the court and of the entity of authority itself.
When the United States Constitution was established, the founding fathers devised the core of the court system that is present in today’s society. The state and federal government each have a version of a Supreme Court which is typically led by a Chief Justice. The states level Supreme Court Justice governs the issues that pertains to the citizens within the respective state. These individuals will also take part in hearings or proceedings that impact of law of the state and hear constitutional cases with regards to the state. On the federal side, a Supreme Court Chief Justice will operates more on a national
The Supreme Court’s largest responsibility rests in its power of judicial review. The Supreme Court has the final say in all legal matters concerning the Constitution. The Supreme Court has the authority “to invalidate legislation or executive actions which, in the Court 's considered judgment, conflict with the Constitution” (The Court and Constitutional Interpretation n.p.). This means that anything passed by Congress, or mandated by the President can be struck down if the Court deems it unconstitutional. The Court can also strike down laws made by local and state governments if they violate the Constitution ("The Role of the Supreme Court” n.p.). Judicial review has been important in making sure that a citizen’s individual rights, stated in the Bill of Rights, are protected. There is no express consent written in the Constitution to grant the Court the power of judicial review. The idea of it, however, was around before the Constitution was written. Before the formal establishment of the Court in 1789, state courts had exercised it by overturning several laws passed by their legislatures that conflicted with their state constitutions (The Court and Constitutional Interpretation n.p.). It was not until the 1803 Supreme