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Essentials of American Government Roots and Reform 2011 10th Edition Oconnor Test Bank Full Chapter PDF
Essentials of American Government Roots and Reform 2011 10th Edition Oconnor Test Bank Full Chapter PDF
Essentials of American Government Roots and Reform 2011 10th Edition Oconnor Test Bank Full Chapter PDF
2) In ________, the U.S. Supreme Court held that it had the power to review the
constitutionality of acts of the national government.
A) Marbury v. Madison
B) Martin v. Hunter's Lessee
C) McCulloch v. Maryland
D) Gibbons v. Ogden
E) Hamilton v. Jefferson
Answer: A
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
215
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4) The main role of the jury is to
A) arbitrate judicial proceedings.
B) be the ultimate finder of fact.
C) listen to the judge to see if he or she appears to lean toward one side or the other.
D) make interpretations of law.
E) directly interrogate witnesses when so ordered by the judge or attorneys.
Answer: B
Reference: LO 9.2, pgs. 252-253
Skill: Understanding
7) Since 1869, the Supreme Court has consisted of ________ associate justices.
A) six
B) seven
C) eight
D) nine
E) ten
Answer: C
Reference: LO 9.3, pgs. 254-255
Skill: Understanding
216
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8) The justices of the Supreme Court are
A) elected in a nonpartisan election.
B) confirmed by the president.
C) nominated by the Senate.
D) nominated by the president and confirmed by the Senate.
E) nominated by the president and confirmed by both the House and Senate.
Answer: D
Reference: LO 9.4, pgs. 256-261
Skill: Understanding
9) As of 2010, the Supreme Court has had ________ African American members.
A) one
B) two
C) five
D) nine
E) fifteen
Answer: B
Reference: LO 9.4, pgs. 256-261
Skill: Understanding
11) The Supreme Court will hear a case if ________ justices vote to do so.
A) three
B) four
C) five
D) six
E) seven
Answer: B
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
217
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12) The strategic model of judicial behavior
A) accurately predicts Supreme Court votes.
B) accounts for a range of factors that affect judicial behavior.
C) has been replaced by the legal model of judicial behavior.
D) only explains justices’ votes in constitutional cases.
E) ignores interbranch relations.
Answer: B
Reference: LO 9.6, pgs. 268-270
Skill: Understanding
13) Among the ________ examined by political scientists trying to explain Supreme Court
decision making are childhood experiences, religious values, and political party.
A) cultural experiences
B) attitudes
C) policy-making characteristics
D) strategic strategies
E) behavioral characteristics
Answer: E
Reference: LO 9.6, pgs. 268-270
Skill: Understanding
14) When Andrew Jackson opined, "John Marshall has made his decision; now let him enforce
it," he was referring to
A) the inability of the Supreme Court to enforce or implement its decisions.
B) the constitutional requirement that only Congress can implement Court decisions.
C) the president's constitutional right to refuse to implement decisions of the Supreme Court.
D) the long-standing feud between himself and Marshall.
E) Marshall's powerful allies in both the executive and legislative branches.
Answer: A
Reference: LO 9.7, pgs. 270-272
Skill: Understanding
True/False Questions
1) Congress may not reduce the salaries of federal judges to penalize them for decisions that
Congress does not like.
Answer: TRUE
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
2) The Judiciary Act of 1789 gives form and substance to the federal courts.
Answer: TRUE
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
218
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3) The bulk of the judicial work in the federal system takes place in the Supreme Court.
Answer: FALSE
Reference: LO 9.3, pgs. 254-255
Skill: Understanding
4) Both legislative and constitutional courts are staffed by judges with life tenure.
Answer: FALSE
Reference: LO 9.3, pgs. 254-255
Skill: Understanding
6) Justice Elena Kagan served as solicitor general before she became an associate justice.
Answer: TRUE
Reference: LO 9.4, pgs. 256-261
Skill: Understanding
7) The U.S. solicitor general's petitions to the Supreme Court are accepted more frequently than
those of any other party.
Answer: TRUE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
8) Interest groups often submit amicus curiae briefs to the U.S. Supreme Court.
Answer: TRUE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
10) The justices’ behavioral characteristics are unlikely to influence how they evaluate the facts
and legal issues in a debate.
Answer: FALSE
Reference: LO 9.6, pgs. 268-270
Skill: Understanding
219
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11) The Supreme Court has had little difficulty getting the executive branch to implement the
decisions it hands down.
Answer: FALSE
Reference: LO 9.7, pgs. 270-272
Skill: Understanding
Chapter Exam
1) When President George W. Bush appointed __________ and ___________ to the Court, most
people expected major changes.
A) John G. Roberts Jr./John Paul Stevens
B) John G. Roberts Jr./Robert Bork
C) John G. Roberts Jr./Samuel A. Alito Jr.
D) Samuel A. Alito Jr./Ruth Bader Ginsburg
E) Samuel A. Alito Jr./Sonia Sotomayor
Answer: C
Reference: Chapter Opener, pgs. 244-246
Skill: Understanding
3) Among the powers of the judiciary specified in Article III are all of the following EXCEPT
A) all cases involving maritime law.
B) controversies between two states.
C) controversies between citizens of two states.
D) controversies between Congress and the president.
E) all cases affecting ambassadors or other public ministers.
Answer: D
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
4) Why did the Framers include life tenure for federal judges?
220
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A) To attract candidates for the positions
B) To make it more difficult for the president and Congress to agree on good candidates
C) To make judges less likely to be moved by political pressures
D) To ensure that judges would remain ethical while in office
E) To make the judiciary more powerful than Congress or the president
Answer: C
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
5) Judicial review of state actions was claimed by the U.S. Supreme Court in
A) Marbury v. Madison.
B) Martin v. Hunter's Lessee.
C) McCulloch v. Maryland.
D) Gibbons v. Ogden.
E) Brown v. Board of Education.
Answer: B
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
221
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8) The federal judiciary was given form and substance by
A) Article IV.
B) the Judiciary Act of 1789.
C) the Alien and Sedition Acts.
D) the Supreme Court.
E) the president.
Answer: B
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
11) In 1789, there were ________ justices sitting on the Supreme Court.
A) five
B) six
C) seven
D) nine
E) eleven
Answer: B
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
222
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12) In ________, Congress set the size of the Supreme Court at nine.
A) the Constitution
B) 1789
C) 1869
D) 1937
E) 1981
Answer: C
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
13) The first session of the U.S. Supreme Court took place in
A) Philadelphia Hall.
B) the current Supreme Court building.
C) the Senate.
D) Boston.
E) New York City.
Answer: E
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
15) If the U.S. Supreme Court decided to share its view on the constitutionality of the recently
passed health care reform law, it would be
A) following the practice of seriatim decision making.
B) fulfilling a constitutional mandate.
C) following a pattern used by the Canadian Supreme Court.
D) applying stare decisis.
E) acting consistently with its appreciation of international norms.
Answer: C
Reference: LO 9.1, pgs. 246-251
Skill: Application
223
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16) Chief Justice John Marshall tried to transform the Court into a coequal branch of
government through key decisions such as McCulloch v. Maryland that
A) outlawed seriatim opinions.
B) made the Court the final arbiter of constitutionality.
C) declared federal laws invalid.
D) broadly interpreted the necessary and proper clause.
E) applied the Bill of Rights to both the federal and state governments.
Answer: B
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
17) If the Supreme Court decided to rule that an Arizona immigration law is unconstitutional, it
would be practicing what is called
A) stare decisis.
B) a seriatim opinion.
C) judicial review.
D) a partial en banc opinion.
E) a summary decision.
Answer: C
Reference: LO 9.1, pgs. 246-251
Skill: Application
18) ________ is generally considered to have been the most influential chief justice of the
Supreme Court of the United States.
A) William H. Rehnquist
B) Earl Warren
C) Roger Taney
D) John Marshall
E) John G. Roberts Jr.
Answer: D
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
19) As chief justice, John Marshall initiated several reforms to strengthen the Court and the
power of the chief justice. These included all of the following EXCEPT
A) meeting with his cousin Thomas Jefferson to avert conflict between the two branches of
government.
B) ending the use of seriatim opinions.
C) instituting the writing of a single opinion of the Court.
D) claiming the authority of judicial review.
E) authoring more than 500 opinions.
Answer: A
Reference: LO 9.1, pgs. 246-251
Skill: Analysis
224
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20) Although judicial review was not mentioned in the Constitution, ________ publicly
endorsed the idea in Federalist No. ________.
A) John Jay/10
B) John Jay/50
C) James Madison/50
D) Alexander Hamilton/78
E) John Marshall/51
Answer: D
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
22) Before any state or federal court can hear a case, it must have ________, the authority to
hear the case as defined by law or constitution.
A) jurisdiction
B) legal approval
C) controversy
D) legitimacy
E) standing
Answer: A
Reference: LO 9.2, pgs. 252-253
Skill: Understanding
225
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24) Civil suits by citizens from two different states must show that their dispute is worth at least
________ or more before they can file their claim in federal court.
A) $25,000
B) $50,000
C) $75,000
D) $100,000
E) $125,000
Answer: C
Reference: LO 9.2, pgs. 252-253; LO 9.3, pgs. 254-255
Skill: Understanding
27) Suppose you are injured on the job and decide to sue your employer for negligence. In that
case, you will be referred to as the ____ in court.
A) defendant
B) plaintiff
C) appellant
D) attorney general
E) accused
Answer: B
Reference: LO 9.2, pgs. 252-253
Skill: Application
226
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28) Legislative courts are
A) Article III courts.
B) courts created by Congress for special purposes.
C) courts of appellate jurisdiction.
D) Article II courts.
E) Article IV courts.
Answer: B
Reference: LO 9.3, pgs. 254-255
Skill: Understanding
30) Cases heard in federal district courts generally fall into one of three categories, including
I. those involving the federal government as a party.
II. those involving decisions remanded by the Supreme Court.
III. those that have a federal question.
IV. those that involve disputes between citizens from two different states.
A) III only
B) I and II
C) I, II, and IV
D) I, III, and IV
E) I, II, III, and IV
Answer: D
Reference: LO 9.3, pgs. 254-255
Skill: Analysis
31) Each judicial district has a U.S. attorney whose main job it is to
A) be the chief enforcer of civil law.
B) be the chief federal law enforcement officer.
C) be the chief investigator.
D) be the major representative of the president.
E) represent the federal government before the U.S. Supreme Court.
Answer: B
Reference: LO 9.3, pgs. 254-255
Skill: Understanding
227
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32) The major purpose of the federal circuit courts of appeals is to
A) allow for the use of senatorial courtesy.
B) review the decisions of district court judges concerning the facts of a case.
C) correct errors of law and procedure.
D) hear new testimony if necessary.
E) specifically recommend cases to the U.S. Supreme Court.
Answer: C
Reference: LO 9.3, pgs. 254-255
Skill: Understanding
33) A document containing the collected legal arguments in a case that is filed with a court prior
to trial is called
A) a petition for a writ of certiorari.
B) a petition of habeas corpus.
C) a writ of mandamus.
D) an amicus curiae brief.
E) a brief.
Answer: E
Reference: LO 9.3, pgs. 254-255
Skill: Understanding
34) The U.S. Supreme Court decided that a certain film was not obscene because it failed to
meet the criteria for obscenity established by Miller v. California. This is an example of
A) precedent.
B) being overruled.
C) a constitutional mandate.
D) appellate jurisdiction.
E) a seriatim decision.
Answer: A
Reference: LO 9.3, pgs. 254-255
Skill: Application
228
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36) The number of women and minorities on the federal bench went up most dramatically
during the ________ administration.
A) Ronald Reagan
B) George H.W. Bush
C) Jimmy Carter
D) George W. Bush
E) Bill Clinton
Answer: E
Reference: LO 9.4, pgs. 256-261
Skill: Analysis
37) ________ make up a majority of the members of the U.S. Supreme Court in 2010.
A) Protestants
B) Fundamentalist Christians
C) Roman Catholics
D) Jews
E) Episcopalians
Answer: C
Reference: LO 9.4, pgs. 256-261
Skill: Understanding
38) In general, the justices serving on the Roberts Court in 2010 share all of the following
characteristics EXCEPT
A) they all graduated from Ivy League or other prestigious law schools.
B) they are all Protestant or Catholic.
C) they all served on the U.S. Court of Appeals.
D) they have been appointed to the Court between 1975 and 2010.
E) they share all of the above characteristics.
Answer: B
Reference: LO 9.4, pgs. 256-261
Skill: Understanding
39) As of 2010, the Supreme Court has had ________ female members in its history.
A) two
B) three
C) four
D) seven
E) eight
Answer: C
Reference: LO 9.4, pgs. 256-261
Skill: Understanding
229
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40) The two closest votes in the Senate for successful U.S. Supreme Court nominees were those
of
A) Samuel A. Alito Jr. and Clarence Thomas
B) Clarence Thomas and Ruth Bader Ginsburg
C) John G. Roberts Jr. and Stephen Breyer
D) Sandra Day O’Connor and Samuel A. Alito Jr.
E) Sonia Sotomayor and Antonin Scalia
Answer: A
Reference: LO 9.4, pgs. 256-261
Skill: Understanding
41) About ________ percent of the U.S. Supreme Court's docket comes from the state supreme
courts.
A) 10
B) 25
C) 33
D) 50
E) 73
Answer: C
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
42) Since the 1960s, questions involving ________ have made up about one-half of the U.S.
Supreme Court's docket.
A) criminal law
B) the Bill of Rights
C) presidential powers
D) congressional authority
E) civil law
Answer: B
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
43) During the 2009-2010 term, over ________ cases were filed with the Supreme Court.
A) 8,000
B) 6,600
C) 5,700
D) 4,200
E) 2,000
Answer: A
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
230
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44) During its 2009-2010 term, the Supreme Court decided about ________ cases.
A) 50
B) 70
C) 80
D) 100
E) 150
Answer: C
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
45) Since 1988, nearly all appellate cases that have arrived at the Court have been through
A) writs of certiorari.
B) stare decisis.
C) in forma pauperis petitions.
D) original jurisdiction.
E) the state supreme courts.
Answer: A
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
46) The U.S. Supreme Court has original jurisdiction in all cases EXCEPT
A) cases affecting ambassadors.
B) cases involving public ministers.
C) citizens seeking writs of mandamus.
D) cases where two states are the parties.
E) cases involving public consuls.
Answer: C
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
47) All of the following are the result of the increased number of clerks that each justice now
has EXCEPT
A) longer opinions.
B) more footnotes.
C) shorter terms.
D) more cases decided annually.
E) fewer opinions.
Answer: C
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
231
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48) ________ has been referred to as the Court's "ninth and a half" member.
A) The U.S. solicitor general
B) The U.S. attorney general
C) The U.S. surgeon general
D) The U.S. Department of Justice
E) The chair of the Senate Judiciary Committee
Answer: A
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
49) The member of the Justice Department who handles all Supreme Court appeals for the U.S.
government is the
A) attorney general.
B) solicitor general.
C) special master.
D) secretary of justice.
E) deputy attorney general.
Answer: B
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
50) Interest groups most often participate in Supreme Court cases through the use of
A) amicus curiae briefs.
B) monetary donations.
C) direct mail campaigns.
D) marches, protests, and petitions.
E) case sponsorship.
Answer: A
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
232
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52) During conference, Supreme Court justices speak in order by
A) age.
B) interest.
C) ideology.
D) choice.
E) seniority.
Answer: E
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
53) A Supreme Court justice who agrees with the outcome reached by the majority but not with
the legal reasoning behind the decision may issue a
A) minority opinion.
B) per curiam opinion.
C) seriatim opinion.
D) concurring opinion.
E) dissenting opinion.
Answer: D
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
54) The idea that judges should use their power broadly to further justice is called
A) stare decisis.
B) original intent.
C) judicial restraint.
D) judicial activism.
E) judicial moderation.
Answer: D
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
55) The attitudinal model of Supreme Court decision making posits that
A) attitudes give us little insight into how justices make decisions.
B) as justices grow older, they become more conservative.
C) a conservative justice appointed by a conservative president would be more likely to vote in a
conservative way.
D) the facts of the case influence judicial outcomes.
E) the positions of Congress and the president on political issues affect judicial outcomes.
Answer: C
Reference: LO 9.6, pgs. 268-270
Skill: Understanding
233
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True/False Questions
1) Most Supreme Court observers thought that the addition of John G. Roberts Jr. and Samuel A.
Alito Jr. to the Court would pull it in a conservative direction.
Answer: TRUE
Reference: Chapter Opener, pgs. 244-246
Skill: Understanding
2) The judicial branch was so inconsequential that the architects of Washington D.C.
consciously decided not to provide office space for the Supreme Court.
Answer: FALSE
Reference: Chapter Opener, pgs. 244-246
Skill: Understanding
3) The U.S. Supreme Court is referred to by the name of the oldest judge serving on the Court.
Answer: FALSE
Reference: Chapter Opener, pgs. 244-246
Skill: Understanding
4) The Framers paid very little attention to the writing of Article III compared to other Articles.
Answer: TRUE
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
6) Article III sets out the structure of the federal court system.
Answer: FALSE
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
7) A state passes a controversial law, and a group sues, saying the law is in violation of its
rights. The case goes all the way to the Supreme Court for review. Judging the constitutionality
of this law is a power the Court claimed in Marbury v. Madison.
Answer: TRUE
Reference: LO 9.1, pgs. 246-251
Skill: Application
234
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8) In Canada, the government may ask its Supreme Court to dispense an opinion about the
legality of potential laws.
Answer: TRUE
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
11) The Constitution sets the number of justices on the Supreme Court at nine.
Answer: FALSE
Reference: LO 9.2, pgs. 252-253
Skill: Understanding
12) The U.S. courts of appeals used to be known as circuit courts of appeals.
Answer: TRUE
Reference: LO 9.3, pgs. 254-255
Skill: Understanding
13) Suppose President Barack Obama needs to appoint a judge to the U.S. District Court for the
Eastern District of North Carolina. To fill this position, he seeks advice from Senator Kay
Hagan (D-NC). This practice is called senatorial courtesy.
Answer: TRUE
Reference: LO 9.4, pgs. 256-261
Skill: Application
15) President George W. Bush appointed a higher proportion of Hispanic judges to the federal
courts than any other president.
Answer: TRUE
Reference: LO 9.4, pgs. 256-261
Skill: Analysis
235
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16) In 2010, three of the nine U.S. Supreme Court justices were Protestant.
Answer: FALSE
Reference: LO 9.4, pgs. 256-261
Skill: Understanding
17) Less than one-third of the American public can name a single justice of the Supreme Court.
Answer: TRUE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
18) About one-half of the cases decided by the Supreme Court involve economic issues.
Answer: FALSE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
19) The Supreme Court has generally decided an increasing number of cases in every term since
1950.
Answer: FALSE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
20) The Supreme Court grants a writ of certiorari only if a majority of judges vote in favor.
Answer: FALSE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
21) A former clerk for Justice Harry Blackmun has complained that the clerks of the Court are
too ideological and have too much power.
Answer: TRUE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
23) The U.S. solicitor general is the second-ranking member of the Department of Justice.
Answer: FALSE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
236
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24) Researchers find that the more amicus curiae briefs filed in support of a cause, the more
likely that party will win.
Answer: TRUE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
25) The U.S. solicitor general appears to orally argue every case decided by the Supreme Court.
Answer: FALSE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
26) Most Court watchers agree that oral argument is a useful way to predict the outcome of a
decision.
Answer: FALSE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
27) The Roberts Court is much more informal than the Rehnquist Court was.
Answer: TRUE
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
29) The Warren Court was a key policy maker in the area of civil rights.
Answer: TRUE
Reference: LO 9.7, pgs. 270-272
Skill: Understanding
30) The Warren Court had little difficulty implementing the decision it handed down in Brown
v. Board of Education.
Answer: FALSE
Reference: LO 9.7, pgs. 270-272
Skill: Understanding
31) The consumer population of a court decision refers to the interest groups who buy
advertising time to increase visibility of cases.
Answer: FALSE
Reference: LO 9.7, pgs. 270-272
Skill: Understanding
237
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Short Answer Questions
1) Why did Alexander Hamilton claim that the Supreme Court was "the least dangerous branch?
Explain why or why not this characterization is correct today.
Reference: LO 9.1, pgs. 246-251
Skill: Analysis
2) What kinds of cases can the Supreme Court hear under its original and appellate jurisdiction?
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
3) What is an advisory opinion, and how is it used by the Canadian Supreme Court?
Reference: LO 9.1, pgs. 246-251
Skill: Understanding
5) What is the role of the jury in criminal law? How would the composition of a jury from the
1950s differ from the composition of a jury today?
Reference: LO 9.2, pgs. 252-253
Skill: Application
7) What is meant by judges sitting en banc? In what court do judges most frequently sit en
banc?
Reference: LO 9.3, pgs. 254-255
Skill: Understanding, Application
8) What is senatorial courtesy? Should presidents continue to adopt this practice? Why or why
not?
Reference: LO 9.4, pgs. 256-261
Skill: Understanding, Evaluation
9) Compare and contrast the demographic characteristics of the federal judicial appointees of
Presidents George W. Bush and Barack Obama.
Reference: LO 9.4, pgs. 256-261
Skill: Analysis
238
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10) What is the rule of four?
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
11) How has the number of cases both filed in and decided by the Supreme Court changed over
time?
Reference: LO 9.5, pgs. 261-268
Skill: Analysis
12) What are two conditions a case must meet before it is granted a writ of certiorari?
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
13) What are some of the duties of U.S. Supreme Court clerks?
Reference: LO 9.5, pgs. 261-268
Skill: Understanding
15) What is the attitudinal model of judicial decision making? Give a modern-day example.
Reference: LO 9.6, pgs. 268-270
Skill: Understanding, Application
16) How did the Warren Court expand the Supreme Court’s role in policy making?
Reference: LO 9.7, pgs. 270-272
Skill: Understanding
17) What are some of the obstacles that the Supreme Court faces in implementing its decisions?
Give an example.
Reference: LO 9.7, pgs. 270-272
Skill: Analysis, Application
Essay Questions
1) How did John Marshall and Marbury v. Madison (1803) alter the role and authority of the
Supreme Court?
Reference: LO 9.1, pgs. 246-251
Skill: Analysis
239
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3) Should stare decisis affect Supreme Court decision making? What are the advantages and
disadvantages of this process?
Reference: LO 9.3, pgs. 254-255
Skill: Analysis
4) What are the demographic characteristics of federal court judges? Do race, gender, or
ethnicity have any role in judicial decision-making? Provide examples to support your position.
Reference: LO 9.4, pgs. 256-261
Skill: Analysis, Application
5) Should judges be elected? Be sure to explain the advantages and disadvantages of your
opinion.
Reference: LO 9.4, pgs. 256-261
Skill: Evaluation
6) What are the criteria used by presidents to appoint justices to the Supreme Court?
Reference: LO 9.4, pgs. 256-261
Skill: Analysis
7) How does a case get to the U.S. Supreme Court? What kinds of cases are most likely to be
accepted by the Supreme Court for review?
Reference: LO 9.5, pgs. 261-268
Skill: Analysis
8) How does the chief justice affect judicial decision making? Use examples to illustrate your
argument.
Reference: LO 9.6, pgs. 268-270
Skill: Analysis, Application
9) What models do scholars use to explain how the Court makes its decisions? Give an example
of each.
Reference: LO 9.6, pgs. 268-270
Skill: Analysis, Application
10) What are implementing and consumer populations? How do they affect judicial policy
making?
Reference: LO 9.7, pgs. 270-272
Skill: Analysis
11) As the world becomes more globalized, is it rational, reasonable, or wrong for Supreme
Court justices to look to international law for guidance about international norms of justice?
Reference: LO 9.7, pgs. 270-272
Skill: Evaluation
240
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is of course extremely hard, but there are other hard woods like
cedar, and many varieties of valuable timber.
Yerba mate is cultivated in many places, especially in Misiones;
the wild growing trees of the forest furnish a still greater supply of the
leaves. From these a drink is made which outside of the large cities
is in this part of the continent far more popular than tea or coffee.
The northern forests contain several varieties of rubber trees, but
none are exploited. Along the Andes are forests, the principal ones
from Lake Nahuel Huapi south. Those in this region are believed to
be worth $10,000,000,000. The variety of native woods both hard
and soft is large; and trees of other countries have been introduced.
Thousands of eucalyptus trees have been planted on many
estancias, serving a useful purpose in many ways, beside being an
ornament on the level plain.
Mining
Investments
Paraguay has been called the most romantic of all the South
American countries, from the point of view of nature and history both.
It is a land of “dolce far niente” so far as agreeableness is
concerned, a land where nature is lavish and necessities are few; on
the other hand a region where the climate is not enervating, where
energetic action and enterprise are not altogether lacking, and where
these find ample reward. One of the two inland countries of the
continent, having always been such, she has no grievance on this
account. In fact, being in the heart of South America and almost
surrounded by rivers, Paraguay has in many ways a most favorable
location for inland commerce, which will surely bring her prosperity.
History
Government
Population
The Paraguayans claim that their people are nearly pure Spanish,
with slight admixture of Guaraní, this being the most numerous,
intelligent, and peaceful of the Indian tribes of that region. Preserving
the spirit of the invaders, they are an unusually hardy race for one on
the edge of the tropics. While Spanish blood and culture largely
predominate in the capital, the population of the rural districts is
more primitive in character.
The number of the people is uncertain, but may reach 1,000,000,
including 50,000, some say 100,000 wild Indians belonging to
several tribes, chiefly in the Chaco. In the eastern section of
Paraguay proper there are probably not over 25,000 persons, most
of the population being east and south of the mountainous section
and especially near the Paraguay River. They say that there are no
idle or poor in the country, although many may be seen barefoot in
Asunción; as the simple life is popular, little clothing is needed, and
food is abundant. (Of late the standard of living has been rising.) For
this reason the country people generally lack energy and ambition.
Most of the inhabitants are engaged in agriculture, some also in
pastoral pursuits. The native women are called superior to the men.
Burdens thrown upon them during their great war made them
resourceful and independent. The men as a rule are peaceful unless
they have been drinking caña, which is now forbidden by some large
employers of labor. In the section east of the mountains are
uncivilized Indians of the principal tribes, one timid and retiring.
Some of the Cainguaes at times work in the yerbales. The Indians in
the Chaco are of a number of different tribes of a low order of
civilization, who are mostly nomads, and live by the chase and
fishing. A few work at estancias spasmodically, never for long.
Education
Climate
The Capital
Other Cities
Transportation