Sophia Van Wyk
AP Government 6
Ms. Mullin
11-19-23
Essential Question: What issues lead to debates about the legitimacy of the Court, and how
can other branches limit Supreme Court power? On separate paper, com- plete a chart like the
one below.
Debates about the legitimacy of the Court often revolve around concerns of judicial activism,
political ideology, and controversial social issues. Other branches can limit Supreme Court
power through constitutional amendments, legislation, strategic appointments, and,
controversially, by adjusting the number of justices on the Court.
Chapter 6 Checkpoint
MCQs
1.) C
2.) B
3.) C
4.) B
5.) D
6.) B
FRQs
1
a.) The unexpected ruling on the Affordable Care Act resulted from the Supreme Court's
decision, which upheld the law as an exercise of the taxing power.
b.) The executive branch can affect the process by influencing the appointment of justices, as
presidents nominate them, subject to Senate confirmation.
c.) The ruling relates to enumerated powers as it centers on Congress's authority to levy taxes, a
power explicitly granted in the Constitution.
a.) The data shows the percentage agreement among Supreme Court justices in their voting
relationships.
b.) Justices RBG and SGB agree with each other 100% of the time.
c.) The high agreement suggests shared judicial philosophy or similar legal interpretations.
d.) The design of the judicial branch, with lifetime appointments and independence from political
pressures, protects the Supreme Court's independence.
a.) Both United States v. Nixon (1974) and Marbury v. Madison (1803) involved significant
Supreme Court decisions that defined the scope and limits of governmental powers.
b.) Both cases addressed the balance of powers between the branches. Marbury v. Madison
established the principle of judicial review, asserting the Court's power to interpret the
Constitution, while United States v. Nixon reinforced the idea that even the president is subject
to the legal processes of the court, emphasizing the checks and balances between branches.
c.) To reduce the impact of United States v. Nixon, the executive branch could suggest new laws
or issue orders to define executive privilege limits and establish procedures for handling
sensitive materials in investigations. They might also stress the importance of confidential
communications for effective governance and national security to influence public opinion.
2.11 URP Notes
Judicial Restraint: Courts should defer to the democratically elected branches whenever possible
- Judicial restraint and stare decisis suggest a limited role for justice
Judicial Activism: The court can and should be free to overrule other branches
- More likely to strike down policies and past rulings
- Critics of judicial activism accuse legislating from the bench: the court is improperly
acting as a policymaker
Constitutional philosophy: How the constitution should be interpreted
- Strict Constructionism: The constitution should be interpreted based on what is directly
stated or clearly implied
- Broad Constructionism: Loose interpretation of the constitution based on its principles
and vague language
- Originalism: Constitution should be interpreted primarily based on the framers original
intent
Presidential Checks on Judiciary: Presidents may delay implementation of court rulings
- Presidents nominate new justices, influencing court’s ideology
Congressional Checks on Judiciary
- Propose a constitutional amendment
- Pass legislation to limit the effect of the rulings
- Change the court’s appellate jurisdiction
- Change the number of justices on the court
- Confirm judicial nominees (senate only)
2.11 AP Video Notes
Direct Legislative Checks on Judicial
- Legislation impacting court jurisdiction
- Legislation modifying impact of SCOTUS decision
- Cut or increase funding to impact policy
- Propose a constitutional amendment
- Conduct oversight hearings
- Use fiscal federalism to encourage states to carry out action at their level
Legislative Influence on Judicial
- Senatorial Courtesy affects composition
- Senate Judiciary Committee- Advise/Consent on SCOTUS nominees
Direct Presidential Checks on Judicial
- Refuse to enforce the decision or direct bureaucratic agencies to refuse to enforce
- Issue a narrowly tailored executive order to address Court’s decision
Executive Influence on Judicial
- Use judicial appointment opportunities to change ideological composition of the court
URP Study Guide
1. The House of Representatives has members representing areas and serves for 2 years. The
House is structured and has rules.
2. The Senate has members representing entire states and serves for 6 years. The Senate is also
structured and has rules.
3. Congress has five powers that help in public policy:
- Tax and spend for public welfare
- Regulate commerce
- Declare war
- Coin money and regulate its value
- Make laws for listed powers
4. Assign roles to the House of Representatives and the Senate:
- Confirm nominations - Senate
- Ratify treaties - Senate
- Initiate tax/revenue bills - House
- Power of impeachment - House
- Rules Committee - House
- Filibuster - Senate
- Unanimous consent agreements - Senate
- Committee of the Whole - House
- Discharge petition - House
- Formal and rule-based - House
5. Three roles/terms that speed up legislation:
- Unanimous consent agreements
- Committee of the Whole
- Rules Committee
Two that slow it down:
- Filibuster
- Discharge petition
6. Senate needs 60 votes to end a filibuster.
7. Two roles of the Speaker of the House:
- Lead House sessions and maintain order
- Influence legislative agenda and party strategy
8. Majority party advantages in Congress:
- Control committee assignments
- Set legislative agenda
- Decide which bills get voted on
9. Types of congressional committees:
- Conference committees resolve bill differences
- Standing committees do most legislative work
- Select committees conduct investigations
- Joint committees include Reps and Senators
10. Types of federal spending:
- Discretionary spending (e.g., defense)
- Mandatory spending (e.g., Social Security)
- Entitlement spending (e.g., Medicaid)
11. Pork-barrel benefits districts, and logrolling is vote trading.
12. Reapportionment adjusts House seats; redistricting redraws districts.
13. Trustee represents judgment, delegate follows constituents.
14. Baker v. Carr ensured fair district representation. Shaw v. Reno addressed racial
gerrymandering.
15. Party polarization can lead to legislative gridlock.
16. Divided government happens when different parties control branches.
17. Presidents use executive agreements instead of treaties for quicker deals.
18. Executive orders can't create laws or spend money without Congress.
19. Checks on the bureaucracy include oversight and budget control.
20. The President nominates judges, cabinet, and ambassadors.
21. Contentious judicial appointments due to ideology and influence.
22. Conflicts between Congress and executive orders due to policy disagreements.
23. Federalist No. 70 supports an energetic executive.
24. Limited power interpretation prevent overreach; expansive power allows quick action.
25. The 22nd Amendment limits Presidents to two terms.
26. Judiciary powers are in Article III of the Constitution.
27. Federalist No. 78 emphasizes lifetime judicial tenure for independence.
28. Marbury v. Madison established judicial review.
29. Judicial review can strike down laws, executive actions, state laws, and lower court
decisions.
30. Stare decisis means respecting past rulings.
31. Ideological changes affect the role of precedent.
32. Some debate the Court's legitimacy and democracy.
33. Supreme Court opinions include majority and dissenting opinions.
34. Cases reach the Supreme Court through appeals.
35. Judicial activism interprets and shapes; judicial restraint defers to elected branches.
36. Congress and the President check the judiciary with appointments and oversight.
37. Congress checks the judiciary through the confirmation and impeachment of federal judges,
while also having the power to alter the structure and jurisdiction of the courts. The President
influences the judiciary by appointing federal judges and can exercise a check through the
pardon power, mitigating the impact of judicial decisions.
38. Under the merit system, individuals earn bureaucratic jobs based on their qualifications and
performance, contrasting with the patronage system, where jobs were distributed to political
supporters. In the modern merit-based system, many bureaucrats secure their positions by
successfully passing civil service exams.
39. The type of bureaucratic agency based on the information provided is a merit-based civil
service agency.
40. The bureaucracy serves to execute and administer government policies, manage daily tasks,
enforce laws, deliver public services, and facilitate the smooth functioning of governmental
operations in the implementation of legislation.
41. Testifying, regulations, fines
42. Issue networks, characterized by diverse collaboration among interest groups and
policymakers, contrast with iron triangles, which involve closer relationships between
government agencies, congressional committees, and interest groups, potentially leading to more
closed and mutually beneficial dynamics in shaping public policy.
43. Congress grants agencies discretionary authority for flexibility in implementing laws.
44. Discretionary authority allows agencies flexibility, and rule-making authority lets them create
specific regulations for effective implementation.
45. Bureaucracy is criticized as "unaccountable" due to perceived independence and a lack of
transparency.
46. Congress ensures legislative intent through oversight, budget control, and the power to pass
or amend laws.
47. Presidential ideology, appointments, and executive orders influence how agencies carry out
responsibilities.
48. Congressional checks involve oversight, budget control, and confirmation; Presidential
checks include appointments, executive orders, and influencing priorities; Judicial checks
encompass reviewing agency actions for legality and constitutionality.
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