Blog #5

1. A Supreme Court that demonstrates a willingness to change public policy and alter judicial precedent is said to be engaging in

a) judicial activism
b) due process
c) judicial restraint
d) ex post facto lawmaking
e) judicial review

The answer is (A) because the Court is going against a previous ruling.

2. A writ of certiorari from the Supreme Court indicates that the Court

a) Will review a lower decision

b) Has rendered a decision on a case

c) Has decided not to hear an appeal

d) Will recess until the end of the calendar year

e) Plans to overturn one of its previous rulings

The answer is (A) because a writ of certiorari is a legal request to review a lower court's decision.

3. The Supreme Court holds original jurisdiction in all of the following types of cases EXCEPT

a) If the United States is a party in the case

b) In controversies in criminal law between a citizen and a state

c) In controversies under the Constitution, federal laws, or treaties

d) if a case is between citizens of different states

e) If cases arise under admirality and maritime laws

The answer is (B) because the other answers are powers given to the Supreme Court by Article III Section 2.

4. All of the following are specifically mentioned in the Constitution EXCEPT

a) judicial review

b) the national census

c) rules of impeachment

d) the State of the Union address

e) length of term if federal judgeships

The answer is (A) because judicial review was only mentioned in Federalist 78 and wasn't fully established until later cases like Brown v. Board and Plessy v. Ferguson.

5. Which of the following correctly states the relationship between the federal and state judiciaries?

a) Federal courts are higher courts than state courts and may overturn state decisions on any grounds.

b)The two are entirely autonomous, and neither ever hears cases that originate in the other.

c) The two are generally autonomous, although federal courts may rule on the constitutionality of state court decisions.

d) State courts are trial courts; federal courts are appeals courts.

e) State courts try all cases except those that involve conflicts between two states, which are tried in federal courts.

The answer is (C) because higher courts only get involved if the previous court ruling was very controversial.

6. The Supreme Court’s decision in Miranda v. Arizona was based mainly on the

a) Constitutional prohibition of ex post facto laws

b) Incorporation of the Fifth Amendment through the due process clause of the Fourteenth Amendment

c) Eighth Amendment restriction against cruel and unusual punishment

d) Abolition of slavery by the Fourteenth Amendment

e) full faith and credit clause of the Constitution

The answer is (B) because based on the 5th amendment, police officers have to read people their rights if they are taken into custody.

7. The Supreme Court has used the practice of selective incorporation to

a) Limit the number of appeals filed by defendants in state courts

b) Extend voting rights to racial minorities and women
c) apply most Bill of Rights protections to state law

d) Hasten the integration of public schools

e) Prevent the states from calling a constitutional convention

The answer is (C) because selective incorporation applies to both federal and state laws.

8. Which of the following cases extended the Fourth Amendment’s protection against unreasonable searches and seizures to the states?

a) Gideon v. Wainwright

b) Schneck v. United States
c) Miranda v. Arizona

d) Mapp v. Ohio

e) Heart of Atlanta Motel v. United States

The answer is (D) because the evidence found while illegally searching Mapp's house was not used in the trial.

9. Which of the following is true of court cases in which one private party is suing another?

A) They are tried in civil court

B) The federal court system has exclusive jurisdiction over them

C) They are tried in criminal court

D) The state court system has exclusive jurisdiction over them.

E) They are tried before a grand jury.

The answer is (A) because one private party can only sue another in a civil court.

10. Which of the following is an accurate statement about the federal court system?

a) The creation of new federal courts requires a constitutional amendment

b) The creation of new federal courts requires the unanimous consent of all 50 states

c) The Supreme Court has the sole power to create new federal courts.

d) Congress had the power to create new federal courts

e) The number of federal courts if fixed by the Constitution and cannot be changed.

The answer is (D) because Congress is given the power to establish federal courts in Article 1 Section 8 of the Constitution. 

Blog #4

Lawrence v. Texas (2003)

Two men in Texas were arrested for engaging in sexual intercourse with the same sex.  Based on the prior Bowers v. Hardwick case, it was illegal for people of the same sex engage in intercourse. By a 6-3 vote the Court overturned the previous ruling and made it sexual activity with the same sex legal in Texas based on the Due Process Clause. I agree with the Supreme Court's ruling because I believe that people should have equal rights regardless of sexual orientation.

Bush v. Gore (2000)

Vice President Al Gore demanded a recount of the Florida Ballots. Governor George Bush and his running mate, Richard Cheney, contested this recount for fear it might significantly affect the outcome of the election. By a 5-4 vote, the Supreme Court ruled that it under the Equal Protection clause, it was unconstitutional to recount ballots because it devalued the ballots of the initial count. I agree with this ruling because the people who filled out their ballots correctly the first time should be represented.

U.S. v. Lopez

A high school student was charged with carrying a firearm in a gun-free school zone. The question is: is the 1990 Gun-Free School Zones Act unconstitutional because it exceeds the power of Congress to legitimize under the Commerce Clause? By a 5-4 vote, the Court ruled that it was unconstitutional because the law had nothing to do with economic activity. I agree with the Court's ruling because the Act was justified with an unrelated clause.

Blog #3

The cartoon can be looked at in two different ways: positive or negative.  If looked at negatively, the Supreme Court Justices look confused and useless.  An example of this is in the Plessy v. Ferguson case where they allowed racial segregation to continue even though it was in violation of the 14th amendment.  Another example of this is the ruling of the Gregg v. Georgia case.  In this case, the Supreme Court ruled that the death penalty is not in violation of the 8th amendment despite its lack of constitutionality.  This cartoon can also be looked at in a positive way.  The Supreme Court Justices' rulings can be viewed as effective.  An example of this would be the Brown v. Board of Education where the Supreme Court overturned the Plessy v. Ferguson ruling and made segregation illegal.  If looked at positively, the Supreme Court is making certain things unconstitutional which were previously constitutional.

Blog #2

The judicial powers of the US Supreme Court extend to issues dealing with common law, equity, civil law, criminal law, and public law.  The cases under the Supreme Court's jurisdiction include cases about Constitution laws or treaties, admiralty and maritime, the United States is a party, controversies between people of different states, two or more states, state and citizen of different state, citizens of the same state claiming land of a different state, a state or citizens against a foreign states' citizen, and ambassadors or public ministers.  Their power comes from the Constitution and the Supreme Law of the Land.

Blog #1

I'm CJ.  I've never blogged before.  I think blogging is weird because people can learn too much about you over the internet.