End of Topic Test – Supreme Court (Answer Sheet)

1. What are the 5 key powers the US Supreme Court has?
   To interpret the U.S. Constitution

• Judicial Review
• To interpret laws to ensure they are constitutional
• To ensure laws are faithfully applied.
• To rule on cases involving the Constitution, federal laws, treaties and disputes between states

2. What 4 key roles does the Supreme Court fulfil?
   Constitutional Interpretation

• Judicial Review
• Judicial Activism
• Judicial Restrain

3. What sort of cases does the US Supreme Court have jurisdiction over?
   Different states and the federal government

• Arguments between different states or citizens of different states
• The USA is a party
• Ambassadors, ministers and consuls of other countries within the USA

4. What is appellate jurisdiction?
   The power of the Supreme Court to review decisions and change outcomes of decisions of lower courts.
5. What is original jurisdiction?
   The ability and authority to decide cases based on hearing testimony and viewing evidence the first time they are heard.
6. Who are the current 9 member of the US Supreme Court?
   John G. Roberts, Jr., Chief Justice of the United States

• Antonin Scalia, Associate Justice
• Anthony M. Kennedy, Associate Justice
• Clarence Thomas, Associate Justice
• Ruth Bader Ginsburg, Associate Justice
• Stephen G. Breyer, Associate Justice
• Samuel Anthony Alito, Jr., Associate Justice
• Sonia Sotomayor, Associate Justice
• Elena Kagan, Associate Justice

7. What is originalism?
   Originalism is a principle of interpretation that tries to discover the original meaning or intent of the constitution.
8. What is loose constructionism?
   Loose constructionism requires a judge to make inferences from a statute or constitution and to ‘read between the line’, rather than follow the letter of the law.
9. What is strict constructionism?
   Strict constructionism requires a judge to apply the text only as it is spoken. Once the court has a clear meaning of the text, no further investigation is required. Judges should avoid drawing inferences from a statute or constitution and focus only on the text itself.
10. Identify the 6 stages of the judicial appointment and confirmation process.
    President Nominations
    White House Review
    Paperwork Financial Disclosure
    FBI Investigation
    Senate Confirmation Hearings
    Senate Vote
11. How many successful nominations to the Supreme Court have there been?
    130
12. How many unsuccessful nominations to the Supreme Court have there been?
    28
13. What is judicial review?
    “The power of the judiciary to review laws and governmental actions to see whether they conform to the Constitution. If they violate the Constitution, the court has the power to overturn them.”
14. In which case did the judiciary ‘find’ the power of judicial review?
    Marbury v Madison
15. In which case did the judiciary first use their power of judicial review?
    The Flying Fish case (Little v Barreme 1804)
16. What are civil liberties?
    “Rights and freedoms that provide an individual specific rights. Civil liberties include the rights of people, freedom of religion, and freedom of speech, and additionally, the right to due process, to a trial, to own property, and to privacy.”
17. Identify the checks by the legislature on the judiciary.
    Senate confirmation of appointments

• Congress decides how many justices
• Power of impeachment
• Congress can amend constitution

18. Identify the checks by the executive on the judiciary.
    Nominates justices

Can support or criticise a decision

19. Identify other checks on the judiciary.
    No power of initiation

• No enforcement powers
• Public opinion
• Can amend or overturn previous decisions

Landmark Cases

For each of the landmark cases below, explain briefly what the case was about.

1. Dred Scott v. Sandford (1857)
   Blacks, whether free or slaves, cannot be U.S. citizens.
2. Ableman v. Booth (1859)
   State courts cannot issue rulings that contradict the decisions of federal courts.
3. Plessy v. Ferguson (1896)
   Segregated facilities for blacks and whites are constitutional under the doctrine of separate but equal, which held for close to 60 years.
4. Near v. Minnesota (1931)
   Except in rare cases, censorship is unconstitutional.
5. Brown v. Board of Education (1955)
   Segregated schools in the several states are unconstitutional in violation of the 14th Amendment.
6. Roth v. United States (1957)
   Obscene material is not protected by the First Amendment.
7. Engel v. Vitale (1962)
   Government-directed prayer in public schools, even if it is denominationally neutral and non-mandatory, violates the Establishment Clause of the First Amendment.
8. Roe v. Wade (1973)
   Struck down abortion laws restricting abortion.
9. United States v. Nixon (1974)
   Ruled that the doctrine of executive privilege is legitimate, however the President cannot invoke it in criminal cases to withhold evidence.
10. Texas v. Johnson (1989)
    Law prohibiting burning of the American flag is unconstitutional as violating the First Amendment.
11. Planned Parenthood of Seattle v. Casey (1992)
    Placed tighter restrictions on abortion by upholding parts of Pennsylvania’s abortion laws.
12. Vernonia School District 47J v. Acton (1995)
    Schools may implement random drug testing upon students participating in school-sponsored athletics.
13. Bush v. Gore (2000)
    Ended the recount of ballots in Florida in the 2000 presidential election as violating the Equal Protection Clause, effectively resolving the election in favour of George W. Bush.
14. Gonzales v. Carhart (2007)
    Held that the Congress can prohibit a specific abortion procedure known as partial-birth abortion.
15. Boumediene v. Bush (2008)
    Foreign terrorism suspects have constitutional rights to challenge their detention at the Guantánamo Bay naval base in United States courts.