US Judicial Review 2 — Questions and Answers
Question 1: Which Chief Justice authored the Marbury v. Madison opinion establishing judicial review?
- John Jay
- John Marshall (Correct answer)
- Roger Taney
- Oliver Ellsworth
Correct answer: John Marshall
Chief Justice John Marshall wrote the unanimous 1803 opinion that established the Supreme Court's power of judicial review.
Question 2: When the Supreme Court strikes down a federal law as unconstitutional, it is exercising what power?
- Appellate jurisdiction
- Original jurisdiction
- Judicial review (Correct answer)
- Writ of mandamus
Correct answer: Judicial review
Judicial review is the authority of federal courts to invalidate laws that conflict with the Constitution.
Question 3: In Marbury v. Madison, what did the Court find about Section 13 of the Judiciary Act of 1789?
- It was constitutional
- It conflicted with Article III and was void (Correct answer)
- It expanded executive power
- It had already been repealed
Correct answer: It conflicted with Article III and was void
Marshall ruled that Section 13 unconstitutionally expanded the Court's original jurisdiction beyond what Article III permitted.
Question 4: Which branch of government does judicial review most directly check?
- Only the executive branch
- Only state governments
- Both the legislative and executive branches (Correct answer)
- Only the legislative branch
Correct answer: Both the legislative and executive branches
Judicial review applies to acts of Congress, executive actions, and state laws, checking all other branches.
Question 5: The concept of judicial review is explicitly mentioned in which part of the Constitution?
- Article I
- Article III
- Article VI
- It is not explicitly mentioned (Correct answer)
Correct answer: It is not explicitly mentioned
The text of the Constitution does not explicitly grant the power of judicial review; it was established by judicial interpretation in Marbury v. Madison.
Question 6: Which term describes the doctrine that courts should avoid deciding constitutional questions unless absolutely necessary?
- Strict scrutiny
- Constitutional avoidance (Correct answer)
- Standing doctrine
- Political question doctrine
Correct answer: Constitutional avoidance
The constitutional avoidance canon holds that courts should interpret statutes to avoid constitutional problems when possible.
Question 7: What is the significance of the 'presumption of constitutionality' in judicial review?
- Courts assume laws are unconstitutional until proven otherwise
- Courts give deference to legislatures and require challengers to prove unconstitutionality (Correct answer)
- Courts must always apply strict scrutiny
- It applies only to state laws
Correct answer: Courts give deference to legislatures and require challengers to prove unconstitutionality
Courts generally presume statutes are constitutional, placing the burden of proof on those challenging the law.
US Judicial Review 2
Which Chief Justice authored the Marbury v.
Madison opinion establishing judicial review?