Question

1) Select the best answer.

Today, the federal laws of the United States are interpreted ______ .

the same way they were under the Articles of Confederation

at the state level

through the federal judiciary

in both the state and the federal court systems



2) Select the best answer.

Judicial activism results from a narrow interpretation of the Constitution.

False

True



3) Select the best answer.

Both the federal and state courts have the power of judicial review.

True

False



4) Select THREE criticisms of the doctrine of judicial review.

Judicial review is seen as limiting the democratic process by negating the constitutional principle of majority rule.

Judicial review, if left unchecked, may lead to judicial activism.

Judicial review was overruled by the Baker v. Carr court case, yet it is still used as political leverage.

Judicial review places the judiciary in a position of power over the other branches in that it makes the judicial will supreme over the will of the people.

Judicial review gives the states too much power over the national legislative branch.

There is no way that Americans can change a decision made according to judicial review.



5) Select the best answer.

_____ questions are those questions the Constitution makes the executive or legislative branches responsible for resolving.

Political

Priority

Proprietary

Amendment



6) Select TWO reasons the courts attempt to avoid cases involving the kind of question mentioned in the previous question.

The power of other branches gives them the responsibility to resolve the dispute.

The case may be an entrapment for the courts.

Judges today unanimously believe in not taking an activist role.

The courts attempt to remain neutral in political disputes.



7) Select THREE facts about the Baker v. Carr Supreme Court case.

The case expanded judicial review down to the county court level.

The case changed reapportionment of how people are represented throughout America.

Carr was charged with redistricting the state to favor his political party.

Baker argued that residents of his district were not receiving equal protection of the laws.

The case was an early example of judicial activism.

Tennessee argued that legislative redistricting was a political question that needed to be resolved by the legislative branch.



8) Select the best answer.

Which judicial power was established by Marbury v. Madison?

checks and balance

judicial review

judicial restraint

judicial activism



9) Select the best answer.

Justices who practice _____ yield to the actions of other branches unless those actions are blatantly unconstitutional.

judicial activism

judicial restraint

checks and balances

judicial review

Answer 1

1) through the federal judiciary

2) False

3) True

4)
- Judicial review is seen as limiting the democratic process by negating the constitutional principle of majority rule.
- Judicial review, if left unchecked, may lead to judicial activism.
- Judicial review places the judiciary in a position of power over the other branches in that it makes the judicial will supreme over the will of the people.

5) Political

6)
- The power of other branches gives them the responsibility to resolve the dispute.
- The courts attempt to remain neutral in political disputes.

7)
- The case changed reapportionment of how people are represented throughout America.
- Baker argued that residents of his district were not receiving equal protection of the laws.
- Tennessee argued that legislative redistricting was a political question that needed to be resolved by the legislative branch.

8) judicial review

9) judicial restraint