Unless otherwise noted, the losing party in each of these cases appealed to the Supreme Court. Which case would the Supreme Court MOST LIKELY choose to hear?
A.
Case 1: Case 1 is made up of many merged cases about the denial of Fourteenth Amendment protections to a minority group of citizens. All plaintiffs were successful at first. On appeal, one US Circuit Court of Appeals overturned the decision, while another affirmed it.
B.
Case 2: Case 2 concerns enforcement of a new state law. Plaintiffs asserted that the law violated the state constitution. The case was appealed several times and was heard by the state supreme court, which held that the law did not violate the state constitution.
C.
Case 3: Case 3 is a criminal case in which a defendant claimed that the trial court made an error by allowing evidence collected by officers who went beyond the scope of their warrant. On appeal, the district court agreed that the defendant’s Fourth Amendment rights were violated and ordered a retrial.
D.
Case 4: Case 4 concerns a controversial state law that is set to go into effect soon. Opponents argue that it violates the Constitution and want the courts to stop it to protect the people from harm. No lower courts have heard this case yet.
Two-Part Question
Multiple Choice Question
The following question has two parts. First, read the excerpts from the US Constitution and answer Part A. Then, answer Part B.
Part A:
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.
— Article I, Section 7
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
— Article II, Section 2
The house of representatives shall have the sole power of impeachment. All impeachments shall be tried before the supreme court, except that the governor or a member of the supreme court shall be tried by a special commission of seven eminent jurists to be elected by the senate.
— Article VII, Section 2
Why were these clauses incorporated into the Constitution?
A.
to enable citizens to directly control the actions of the government
B.
to limit the influence of the federal government over state affairs
C.
to prevent one branch of the government from becoming too powerful
D.
to make it easy for members of government to pass laws for the nation
Multiple Choice Question
Part B: Which additional detail from the Constitution is MOST directly associated with the answer to Part A?
A.
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; . . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding."
B.
"The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
C.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
D.
"The judicial Power shall extend to 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[.]"
Part A:
The correct answer is C. to prevent one branch of the government from becoming too powerful.
The clauses in Articles I, II, and VII of the Constitution emphasize the separation of powers and the checks and balances system. They are designed to ensure that no single branch (legislative, executive, or judicial) can unilaterally exert control over the government and its processes, ultimately preventing authoritarian rule.
Part B:
The most directly associated detail from the Constitution is B. "The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
This passage further reinforces the principle of separation of powers and checks and balances by outlining the legislative powers of Congress while also establishing that these powers are regulated and checked by the other branches of government. It implies that Congress's ability to make laws is subject to limits and oversight that help prevent any one branch from becoming too powerful.
1 answer