POSC 1010 EXAM PREPARATION TEST
BANK WITH CORRECT ANSWERS
●● 2. The Federalists passed the Judiciary Act of 1801, which
accomplished which of the following?
a. It fixed the number of justices of the Supreme Court at nine to ensure
that the new President would be able to mold the federal judiciary.
b. It made an advisory council to the federal judiciary comprising all the
chief justices of the state supreme courts.
c. It tied judges' salaries to the number of cases filed.
d. It sharply raised the number of district and appellate courts and
thereby created new judgeships for the outgoing Federalists to fill.
Answer: d. It sharply raised the number of district and appellate courts
and thereby created new judgeships for the outgoing Federalists to fill.
●● 3. Jefferson's response to the appointment of members of the
defeated Federalist Party by Adams to the federal judiciary was a
complaint that
a. the Federalists had "retired into the judiciary as a strong hold."
b. those appointed to the federal bench by Adams were too old and
viewed the job as a retirement of sorts.
c. he wanted to bring criminal charges against some of the men
appointed to the judiciary by Adams but could not because of judicial
immunity.
,d. the judicial branch had exerted an unconstitutional independence.
Answer: a. the Federalists had "retired into the judiciary as a strong
hold."
●● 4. The doctrine of judicial review
a. is expressly provided for in the Constitution.
b. holds that the Supreme Court possesses the authority to rule acts of
Congress unconstitutional.
c. is a modern creation of activist judges from the civil rights era.
d. is only used to issue nonbinding advisory opinions.
Answer: b. holds that the Supreme Court possesses the authority to rule
acts of Congress unconstitutional.
●● 5. Which of the following statements about judicial review is
accurate?
a. The Framers expressed intent to place the Supreme Court on the same
level as the legislative and executive branches.
b. Electing the Supreme Court provided the foundation that allowed the
judiciary to exercise its power without any concerns about their
constitutional legitimacy.
c. The Supreme Court can only exercise judicial review when the
legislative and executive branches refuse to act.
d. The supremacy clause allowed the Court to veto state laws, but not
everyone agrees that the Court can declare acts of Congress
unconstitutional.
, Answer: d. The supremacy clause allowed the Court to veto state laws,
but not everyone agrees that the Court can declare acts of Congress
unconstitutional.
●● 6. In its decision in Stuart v. Laird, what grounds did the Supreme
Court use to determine whether the repeal of the Judiciary Act of 1801
was constitutional?
a. Only the President could determine the organization of the judicial
branch.
b. Congress possessed the power to reorganize the judicial branch.
c. The legislation exceeded the Constitution and any changes to the
judiciary required a constitutional amendment.
d. The judiciary was responsible for its own organization and did not
like the increased size of the courts.
Answer: b. Congress possessed the power to reorganize the judicial
branch.
●● 7. Although initially ignored as a toothless partisan maneuver,
Marbury v. Madison
a. ultimately led to Aaron Burr's conspiracy trial.
b. subsequently led Marbury from simple magistrate to Chief Justice of
the Supreme Court.
c. subsequently came to be appreciated for establishing the Court's
"coequal" status among the branches of government.
BANK WITH CORRECT ANSWERS
●● 2. The Federalists passed the Judiciary Act of 1801, which
accomplished which of the following?
a. It fixed the number of justices of the Supreme Court at nine to ensure
that the new President would be able to mold the federal judiciary.
b. It made an advisory council to the federal judiciary comprising all the
chief justices of the state supreme courts.
c. It tied judges' salaries to the number of cases filed.
d. It sharply raised the number of district and appellate courts and
thereby created new judgeships for the outgoing Federalists to fill.
Answer: d. It sharply raised the number of district and appellate courts
and thereby created new judgeships for the outgoing Federalists to fill.
●● 3. Jefferson's response to the appointment of members of the
defeated Federalist Party by Adams to the federal judiciary was a
complaint that
a. the Federalists had "retired into the judiciary as a strong hold."
b. those appointed to the federal bench by Adams were too old and
viewed the job as a retirement of sorts.
c. he wanted to bring criminal charges against some of the men
appointed to the judiciary by Adams but could not because of judicial
immunity.
,d. the judicial branch had exerted an unconstitutional independence.
Answer: a. the Federalists had "retired into the judiciary as a strong
hold."
●● 4. The doctrine of judicial review
a. is expressly provided for in the Constitution.
b. holds that the Supreme Court possesses the authority to rule acts of
Congress unconstitutional.
c. is a modern creation of activist judges from the civil rights era.
d. is only used to issue nonbinding advisory opinions.
Answer: b. holds that the Supreme Court possesses the authority to rule
acts of Congress unconstitutional.
●● 5. Which of the following statements about judicial review is
accurate?
a. The Framers expressed intent to place the Supreme Court on the same
level as the legislative and executive branches.
b. Electing the Supreme Court provided the foundation that allowed the
judiciary to exercise its power without any concerns about their
constitutional legitimacy.
c. The Supreme Court can only exercise judicial review when the
legislative and executive branches refuse to act.
d. The supremacy clause allowed the Court to veto state laws, but not
everyone agrees that the Court can declare acts of Congress
unconstitutional.
, Answer: d. The supremacy clause allowed the Court to veto state laws,
but not everyone agrees that the Court can declare acts of Congress
unconstitutional.
●● 6. In its decision in Stuart v. Laird, what grounds did the Supreme
Court use to determine whether the repeal of the Judiciary Act of 1801
was constitutional?
a. Only the President could determine the organization of the judicial
branch.
b. Congress possessed the power to reorganize the judicial branch.
c. The legislation exceeded the Constitution and any changes to the
judiciary required a constitutional amendment.
d. The judiciary was responsible for its own organization and did not
like the increased size of the courts.
Answer: b. Congress possessed the power to reorganize the judicial
branch.
●● 7. Although initially ignored as a toothless partisan maneuver,
Marbury v. Madison
a. ultimately led to Aaron Burr's conspiracy trial.
b. subsequently led Marbury from simple magistrate to Chief Justice of
the Supreme Court.
c. subsequently came to be appreciated for establishing the Court's
"coequal" status among the branches of government.