US Judicial Review 4

Question 1

What is 'rational basis review,' the most deferential standard of judicial review?

Accepted Answer

Courts uphold a law if it is rationally related to a legitimate government interest

Answer

Rational basis review requires only that the law be rationally connected to a legitimate government goal, and is used for most economic and social legislation.

Question 2

Which standard of judicial review applies to laws that discriminate on the basis of sex or gender?

Accepted Answer

Intermediate scrutiny

Answer

Intermediate scrutiny, established in Craig v. Boren (1976), requires that sex-based classifications serve an important government interest and be substantially related to that interest.

Question 3

In what year did Marbury v. Madison establish judicial review?

Accepted Answer

1803

Answer

The Supreme Court decided Marbury v. Madison in 1803, establishing the Court's authority to invalidate unconstitutional acts of Congress.

Question 4

What is meant by 'facial' versus 'as-applied' challenges in judicial review?

Accepted Answer

Facial challenges attack a law's text entirely; as-applied challenges contest the law's application in a specific situation

Answer

A facial challenge argues the law is always unconstitutional; an as-applied challenge argues the law is unconstitutional as applied to the plaintiff's particular facts.

Question 5

Which president openly defied the implied logic of judicial review by allegedly saying a court ruling could not be enforced without an army?

Accepted Answer

Andrew Jackson

Answer

Andrew Jackson is famously (though perhaps apocryphally) credited with saying Chief Justice Marshall had made his decision and could enforce it himself.

US Constitution Exam Practice Test

US Constitution Exam Practice Test

US Judicial Review 4