US Judicial Review 3

Question 1

Which Federalist Paper is most associated with the argument that courts should have power to void unconstitutional laws?

Accepted Answer

Federalist No. 78

Answer

Alexander Hamilton argued in Federalist No. 78 that courts must have the authority to declare void any legislative acts contrary to the Constitution.

Question 2

What is 'strict scrutiny,' a standard used in judicial review?

Accepted Answer

The highest standard requiring the government to show a compelling interest and narrow tailoring

Answer

Strict scrutiny demands a compelling governmental interest and a law narrowly tailored to achieve it, and is applied to fundamental rights and suspect classifications.

Question 3

Under judicial review, the Supreme Court's power to review state court decisions on federal questions derives from which statute?

Accepted Answer

Section 25 of the Judiciary Act of 1789

Answer

Section 25 of the Judiciary Act of 1789 authorized the Supreme Court to review final judgments of state courts where a federal right was denied.

Question 4

What constitutional clause forms the textual foundation for federal supremacy over conflicting state laws?

Accepted Answer

Supremacy Clause

Answer

The Supremacy Clause in Article VI declares the Constitution and federal laws the 'supreme Law of the Land,' trumping conflicting state law.

Question 5

Which case first applied federal judicial review to strike down a state law as unconstitutional?

Accepted Answer

Fletcher v. Peck (1810)

Answer

Fletcher v. Peck (1810) was the first case in which the Supreme Court invalidated a state law as unconstitutional under the Contract Clause.

US Constitution Exam Practice Test

US Constitution Exam Practice Test

US Judicial Review 3