Review Questions: The Judiciary in American Government

Here are the review questions for the judiciary. If you can answer all these questions, you will know a general overview of the role of the judiciary in American Government.

1. Why does the public express more support for the Supreme Court than for Congress and the President?
2. What is the structure of the federal courts in the Constitution?
3. What is the difference between federal district courts and federal courts of appeal?
4. What is the Foreign Intelligence Surveillance Court and how does it operate? What is its jurisdiction?
5. What is jurisdiction?
6. What is the jurisdiction of the United States Supreme Court?
7. What is a writ of habeas corpus?
8. What is the importance of habeas corpus to democracy?
9. How did Benjamin Franklin want judges chosen?
10. How did the rest of the founders want the judges chosen? What was the expectation of the Founders as it relates to selecting judges?
11. What is senatorial courtesy as it relates to judicial selection?
12. How can senatorial courtesy affect who the President wants to select as a Justice?
13. What are the mechanics of selection for a federal court judge or a Justice?
14. What does the term “Justice” refer to?
15. What is the “Ordain and Establish Clause” and where can it be found?
16. What are some of the criteria Presidents use for selecting judges?
17. Who is Thurgood Marshall?
18. Who is Sandra Day O’Conner?
19. What is the strategy Ronald Reagan used during Confirmation Hearings?
20. Who is Clarence Thomas?
21. What are the implications for democracy when judges refuse to reveal their views on issues during Confirmation Hearings?
22. What is the traditional background of judges? What implications does that have for democracy?
23. What is the tenure for federal judges?
24. What are some of the qualifications to be a federal judge?
25. How do interest groups help provide access to the federal courts?
26. What is a writ of certiorari?
27. What is the “Rule of four?”
28. What does it mean that the Supreme Court can only adjudicate “cases and controversies?”
29. Does the USSC issue advisory opinions? Why or why not?
30. What is a statute and what role do they have in judicial decision?
31. What is stare decisis and what role does it have in judicial decisions?
32. What is a restrained judge, and what characterizes their decisions?
33. What is an activist judge and what characterizes their decisions?
34. Does the USSC hear political questions? Why or why not? What constitutes a political question?
35. What is a precedent?
36. What is Justice Souter’s famous argument against precedent in Roe v. Wade?
37. Do judges make law? How?
38. What is a brief?
39. What is an amicus brief?
40. What happens during oral arguments?
41. What is an opinion, and what types of opinions are there?
42. Who assigns the writing of the majority opinion?
43. What were the Founders’ expectations of the judiciary?
44. What did Hamilton think of the judiciary in the Federalist Papers?
45. What is judicial review and what case established it?
46. Explain Marbury v. Madison.
47. Which case established national supremacy?
48. What factors characterized the Warren Court?
49. What was the issue in Bush v. Gore and how/why did the USSC decide what they did?
50. What is the role of judicial review?

***These questions go along with Chapter 13 of "Understanding American Government" 12th edition by Welch, Gruhl, Comer, Rigdon, Gerston and Christensen.

Lecture Notes from Prof. Nalder 10/1/2009: Formal Executive Powers

Formal Powers of the Executive (President)
Veto

• Pocket veto: 10 day period falls when Congress is out of session and he doesn't sign the bill
• Veto: When he doesn't sign the bill. Can be overturned by a supermajority in both houses

Appointment Power

• Cabinet: Can hire/fire at will. Senate confirms.
• Heads of Agencies and Departments: Can hire/fire at will.
• Federal Courts: When there are vacancies, President appoints people to federal bench for life/good behavior. Majority approval of Senate required.

Executive Orders

• Force of law unless contradictory to the Constitution
• For emergencies because: Congress isn't always in session and doesn't always act fast enough
• Can be overturned/ignored by new President
• Can be overturned by courts
• Examples: Emancipation Procl.

Power through regulation

• Can order Executive Branch agencies to institute certain regulations
• Regulations fill in places where laws are silent: Law says "Make clean air." EPA writes and enforces the regulations to do so.
• Details of laws

Signing Statements

• Most Presidentes simply sign and write, "Nice bill, good for the country."
• President Bush started signing bills and in his signing statements writing, "I know Congress passed this, but I am not going to enforce the following sections...."
• Poses an interesting Constitutional question because it is like a line-item veto/like creating law excet there is no initiative power (cannot initiate creation of laws).
• New President can overturn prior signing messages