Interpretation Theories of Constitutional Law

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Questions and Answers

What does the U.S. Constitution trump according to the text?

  • Congressional Acts
  • International Treaties
  • State Laws (correct)
  • Executive Orders

What is the significance of SCOTUS striking down a law that benefits them as mentioned in the text?

  • Setting a precedent for following the Constitution (correct)
  • Promoting legislative oversight
  • Exercising executive power
  • Abuse of judicial authority

What limitation does the text mention regarding Congress and SCOTUS's jurisdiction?

  • The President determines SCOTUS's jurisdiction
  • SCOTUS's jurisdiction is limited by Article 3 of the Constitution (correct)
  • State laws dictate SCOTUS's jurisdiction
  • Congress can expand SCOTUS's jurisdiction without limits

Which case mentioned in the text involves a conflict between state law and a federal treaty?

<p>Martin v. Hunter's Lessee (C)</p> Signup and view all the answers

Besides Congress, what else can federal courts review according to the text?

<p>State court judgments raising constitutional issues (D)</p> Signup and view all the answers

Who has the authority to declare war according to the text?

<p>The Congress (B)</p> Signup and view all the answers

What is the role of the President in treaties according to the text?

<p>Signs treaties after Congress ratification (A)</p> Signup and view all the answers

What is the significance of Marbury v. Madison according to the text?

<p>Establishes the power of judicial review (C)</p> Signup and view all the answers

What does judicial review refer to according to the text?

<p>Process by which SCOTUS rules on actions taken by federal and state officials (B)</p> Signup and view all the answers

Which branch of government is permitted to create inferior courts according to Article III sec. 1?

<p>Legislative Branch (A)</p> Signup and view all the answers

What is the rule established by Judicial Review as per the text?

<p>'SCOTUS rules on the constitutionality of actions' (C)</p> Signup and view all the answers

What did Marbury v. Madison establish in terms of state court decisions?

<p>State court decisions can be reviewed by SCOTUS for constitutionality. (A)</p> Signup and view all the answers

In what situations does SCOTUS have jurisdiction over state cases?

<p>When the case involves treaties. (A)</p> Signup and view all the answers

Which of the following is NOT a limit on constitutional adjudication discussed?

<p>Jurisdiction (A)</p> Signup and view all the answers

What is the purpose of the standing requirement in federal courts?

<p>To ensure parties have a vested interest in the case being litigated. (A)</p> Signup and view all the answers

Which element must plaintiffs satisfy to meet the Art.III requirements for federal court jurisdiction?

<p>Standing (B)</p> Signup and view all the answers

What aspect ensures that parties have full incentive to litigate based on constitutional and prudential concerns?

<p>Justiciability (C)</p> Signup and view all the answers

What is required for a person to assert standing in a case?

<p>Particularized and concrete injury (D)</p> Signup and view all the answers

In the context of standing, what does 'redressability' refer to?

<p>Partially reducing the harm (C)</p> Signup and view all the answers

What was the main reason for denying standing in LUJAN V.DEFENDERS?

<p>Speculative injury (B)</p> Signup and view all the answers

In the MASS V.EPA case, what did the court's ruling indicate about standing?

<p>Partial redress of harm is sufficient for standing (C)</p> Signup and view all the answers

What is one of the key aspects of causation needed for standing?

<p>Injury traceable to the defendant's conduct (B)</p> Signup and view all the answers

Why was standing denied in LUJAN V.DEFENDERS based on redressability?

<p>Secretary's inability to ensure compliance with ESA abroad (A)</p> Signup and view all the answers

Which theory emphasizes determining the purpose of framers and ratifiers from the text, legislative history, and historical context?

<p>Original Intent/Originalism (A)</p> Signup and view all the answers

What does a writ of mandamus represent in legal terms?

<p>A court order to act (A)</p> Signup and view all the answers

In Marbury v. Madison, what did SCOTUS determine about the Judiciary Act of 1789?

<p>It was unconstitutional because it granted SCOTUS original jurisdiction over certain cases. (D)</p> Signup and view all the answers

Which principle involves comparing decisions to those in other countries when interpreting laws?

<p>Foreign Law (D)</p> Signup and view all the answers

What is the main legal concept established in Marbury v. Madison with respect to judicial power?

<p>Judicial Review (D)</p> Signup and view all the answers

Which factor did SCOTUS primarily base its interpretation on in Marbury v. Madison?

<p>Original Intent of the Constitution (C)</p> Signup and view all the answers

What is the main function of the Judicial branch according to the text?

<p>Settle disputes (D)</p> Signup and view all the answers

Which branch of government has the power to execute and enforce laws?

<p>Executive branch (D)</p> Signup and view all the answers

In the U.S. Constitution, which branch has the power to make laws?

<p>Legislative branch (D)</p> Signup and view all the answers

What is the purpose of the separation of powers in a government?

<p>To prevent conflict between branches (B)</p> Signup and view all the answers

What is the significance of limited/enumerated powers in Constitutional Law?

<p>To restrict the powers of each branch as specified in the Constitution (D)</p> Signup and view all the answers

'Checks and Balances' in a government system are designed to:

<p>Allow each branch to veto acts of another to prevent excessive power in one branch (B)</p> Signup and view all the answers

'Marbury v. Madison' was significant in establishing:

<p>The principle of Judicial Review by the Supreme Court (B)</p> Signup and view all the answers

'SCOTUS' is an acronym that stands for:

<p>'Supreme Court of the United States' (A)</p> Signup and view all the answers

'Marbury v. Madison' decision is considered crucial because it:

<p>Affirmed the authority of Judicial Review by the Supreme Court (D)</p> Signup and view all the answers

'Judicial Review' refers to the power of courts to:

<p>Interpret laws and determine their constitutionality (D)</p> Signup and view all the answers

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