U.S. Constitutional Law Quiz
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Questions and Answers

What was the main reason Arkansas failed to comply with the desegregation order?

  • Support for federal authority
  • Opposition from all three branches of state government (correct)
  • Lack of funding for desegregation
  • Insufficient evidence for desegregation

    • The Court believed that desegregation could lead to disorder and therefore justified disobedience of the decree.

    False

    Who declared the Constitution as the 'supreme Law of the Land'?

    Chief Justice Marshall

    The Fourteenth Amendment interpretation enunciated by the Court in the Brown case is considered the _____ law of the land.

    <p>supreme</p> Signup and view all the answers

    Match the following cases with their significance:

    <p>Cooper v. Aaron = Affirmed federal supremacy in constitutional interpretation Brown v. Board of Education = Declared racial segregation in public schools unconstitutional Marbury v. Madison = Established judicial review Arkansas School Case = Contested compliance with desegregation orders</p> Signup and view all the answers

    Which article of the Constitution states that it is the supreme law of the land?

    <p>Article VI</p> Signup and view all the answers

    According to Cooper v. Aaron, state legislators and executives are not bound by Supreme Court decisions.

    <p>False</p> Signup and view all the answers

    What fundamental principle was declared by Chief Justice Marshall in Marbury v. Madison?

    <p>It is the province and duty of the judicial department to say what the law is.</p> Signup and view all the answers

    What is the binding effect of a Supreme Court decision in a case?

    <p>It only binds the parties involved in the case.</p> Signup and view all the answers

    The views expressed allow the Supreme Court to have ultimate authority over constitutional issues permanently.

    <p>False</p> Signup and view all the answers

    What does 'underenforced' constitutional norms refer to?

    <p>Constitutional requirements that are not enforced by the Supreme Court but may still bind other officials.</p> Signup and view all the answers

    President Reagan's Attorney General Edwin Meese emphasized the distinction between the Constitution and __________.

    <p>constitutional law</p> Signup and view all the answers

    Match the following figures to their views on judicial supremacy:

    <p>Franklin Roosevelt = Expressed concerns about judicial supremacy Richard Nixon = Shared similar concerns as Roosevelt Edwin Meese = Distinguished between Constitution and constitutional law Abraham Lincoln = Criticized submission to government by judiciary</p> Signup and view all the answers

    Which statement best describes the impact of a Supreme Court decision on government practices?

    <p>It may not bind other officials in the same way it binds parties in a case.</p> Signup and view all the answers

    The principle of judicial supremacy ensures that the Supreme Court's decisions are the ultimate authority on constitutional matters.

    <p>True</p> Signup and view all the answers

    What could be an example of an underenforced constitutional norm mentioned in the discussion?

    <p>The unconstitutionality of the death penalty or affirmative action programs.</p> Signup and view all the answers

    The Supreme Court's decision in __________ v. Board of Education was noted for its implications regarding compliance with court decisions.

    <p>Brown</p> Signup and view all the answers

    Match the following cases to their significance regarding constitutional law:

    <p>Dred Scott = Highlighted judicial errors Plessy v. Ferguson = Established 'separate but equal' doctrine Brown v. Board of Education = Overturned segregation laws Cooper v. Aaron = Defended judicial supremacy</p> Signup and view all the answers

    What is one view expressed about the role of public officials regarding constitutional norms?

    <p>They may interpret constitutional norms more broadly than the Supreme Court.</p> Signup and view all the answers

    Judicial decisions cannot be challenged or criticized when they derive from misconstrued constitutional norms.

    <p>False</p> Signup and view all the answers

    What is a potential consequence of allowing Supreme Court decisions to fix government policy instantly?

    <p>The people would no longer be their own rulers.</p> Signup and view all the answers

    A significant concern raised regarding judicial supremacy is that it could lead to __________ by the judiciary.

    <p>government</p> Signup and view all the answers

    What is the primary concern regarding the exceptions power of the Supreme Court?

    <p>It could insulate both federal and state laws from judicial review.</p> Signup and view all the answers

    The Supreme Court's ability to declare an Act of Congress void is viewed as essential for the Union's stability.

    <p>True</p> Signup and view all the answers

    What famous observation did Justice Holmes make regarding Supreme Court jurisdiction?

    <p>The United States would not come to an end if the power to declare an Act of Congress void was lost, but the Union would be imperiled if that power was lost regarding state laws.</p> Signup and view all the answers

    Match the following cases or concepts with their relevant details:

    <p>Cooper v. Aaron = Judicial review of state actions United States v. Klein = Separation of powers and jurisdiction McCardle = Withdrawal of jurisdiction Congressional Power = Creates and limits lower courts</p> Signup and view all the answers

    What would happen if a bill eliminated federal court jurisdiction in school prayer cases?

    <p>It would constitute a significant change in judicial authority.</p> Signup and view all the answers

    State courts are not responsible for enforcing federal constitutional rights.

    <p>False</p> Signup and view all the answers

    According to the discussion, what is necessary for Congress to withdraw certain categories of cases from federal jurisdiction?

    <p>Congress must show that its motive is not hostile to the substantive constitutional rights involved.</p> Signup and view all the answers

    The power of Congress over the jurisdiction of the ______ raises different issues than those regarding the Supreme Court.

    <p>lower federal courts</p> Signup and view all the answers

    Match the following legal principles with their statements:

    <p>Exceptions Clause = Allows Congress to regulate certain aspects of federal jurisdiction Equal Protection Clause = Limits Congress's power by requiring equal access for all Essential Functions Limitation = Sets boundaries on jurisdictional restrictions Judicial Review = Judicial assessment of the constitutionality of laws</p> Signup and view all the answers

    Which statement correctly describes the judicial role of the Supreme Court?

    <p>It was created to check the balance of power among branches.</p> Signup and view all the answers

    Klein's case involved an attempt by Congress to bind the Court to a particular rule of law.

    <p>True</p> Signup and view all the answers

    What does the term 'jurisdictional gerrymandering' imply?

    <p>It refers to manipulating jurisdiction to exclude specific rights from federal courts.</p> Signup and view all the answers

    The withdrawal of jurisdiction for certain issues must not be motivated by ______ to specific constitutional rights.

    <p>hostility</p> Signup and view all the answers

    When there is a conflict between the Constitution and a statute, what must the courts allow to prevail?

    <p>The Constitution as interpreted by the courts</p> Signup and view all the answers

    Cooper v. Aaron suggests that courts should see themselves as having been entrusted with a special role in interpreting the Constitution.

    <p>True</p> Signup and view all the answers

    What is the concept of 'judicial supremacy' as discussed in the passage?

    <p>The idea that courts have the final authority to interpret the Constitution and other branches of government must follow their interpretations.</p> Signup and view all the answers

    Political actors must __________ on constitutional issues when they believe a statute is unconstitutional.

    <p>act</p> Signup and view all the answers

    Match the following political figures with their views on judicial interpretation:

    <p>Andrew Jackson = Believed the opinion of judges has no authority over Congress Thomas Jefferson = Argued that neither judges nor the Executive should have sole authority over constitutional interpretation Lincoln = Questioned the Court's decisions, advocating for a more active opposition Cooper v. Aaron = Established courts as ultimate guardians of the Constitution</p> Signup and view all the answers

    Which of the following best describes the views expressed by Andrew Jackson regarding the authority of judges?

    <p>The President is independent from both judges and Congress</p> Signup and view all the answers

    The responsibility to comply with the Constitution applies only to the judiciary.

    <p>False</p> Signup and view all the answers

    In the event that Congress believes a statute is unconstitutional, what should members of Congress do?

    <p>They should ignore the statute even if the Court would uphold it.</p> Signup and view all the answers

    Moral issues frequently become __________ issues.

    <p>constitutional</p> Signup and view all the answers

    Which situation is considered more complex for political officials regarding the Supreme Court's decisions?

    <p>Believing a statute is constitutional while the Court invalidates it</p> Signup and view all the answers

    Political actors should act independently of what the Supreme Court would likely decide.

    <p>False</p> Signup and view all the answers

    What role does the Constitution impose on all branches of government?

    <p>A duty to comply with the Constitution.</p> Signup and view all the answers

    The judges are empowered by the Constitution to pass a __________ based on their interpretation.

    <p>sentence</p> Signup and view all the answers

    What might compel a President to act against a statute upheld by the Courts?

    <p>A belief that the statute is unconstitutional.</p> Signup and view all the answers

    What analogy did Justice Breyer use to illustrate the understanding of likelihood in terms of the plaintiff organizations' actions?

    <p>To know that snow will fall in New England this winter</p> Signup and view all the answers

    The law of standing requires specific knowledge of each project unlawfully subject to regulations.

    <p>False</p> Signup and view all the answers

    Who joined Justice Breyer in his dissenting opinion?

    <p>Justices Stevens, Souter, and Ginsburg</p> Signup and view all the answers

    Justice Breyer noted that the plaintiff organizations had __________ members who regularly use forests across the nation.

    <p>hundreds of thousands</p> Signup and view all the answers

    Match the following concepts with their descriptions:

    <p>Injury in fact = The requirement to show actual harm in legal standing Justiciability = The appropriateness of a court to decide a case Standing = The legal right to bring a lawsuit Dissent = An opinion that disagrees with the majority decision of the court</p> Signup and view all the answers

    What is the essence of the compromise adopted by the Framers regarding access to lower courts?

    <p>It should be a political and legislative judgment made over time.</p> Signup and view all the answers

    Congress has the power to entirely abolish lower federal courts.

    <p>False</p> Signup and view all the answers

    What argument does Eisenberg make regarding the inability of the Supreme Court to do justice?

    <p>Congress cannot deny lower federal courts jurisdiction based on Supreme Court review.</p> Signup and view all the answers

    The diversity jurisdiction extends only to cases in which the amount in controversy is over ______________.

    <p>$75,000</p> Signup and view all the answers

    Match the following views with their descriptions regarding the mechanisms of control over the Court:

    <p>View 1 = The countermajoritarian difficulty is less severe due to political correctives. View 2 = Judges are political actors and not insulated from political branches. View 3 = Mechanisms do not adequately address the power of judicial review.</p> Signup and view all the answers

    Which of the following is a potential limitation on Congress's power over the lower federal courts?

    <p>Independent constitutional constraints on jurisdiction.</p> Signup and view all the answers

    The mechanisms of control over the Court completely eliminate the countermajoritarian difficulty.

    <p>False</p> Signup and view all the answers

    According to the document, what percentage of black children in the South attended desegregated schools ten years after the Supreme Court decision in Brown v. Board of Education?

    <p>2 percent</p> Signup and view all the answers

    The principle that courts may rule only in the context of a constitutional case is inferred from article III, section 2, providing that the Judicial Power shall extend to enumerated '' and ''.

    <p>Cases, Controversies</p> Signup and view all the answers

    Match the following cases with their relevant significance regarding federal jurisdiction:

    <p>Brown v. Board of Education = Landmark decision on school desegregation. Martin v. Hunter’s Lessee = Affirmed federal jurisdiction over state cases. Marbury v. Madison = Established the principle of judicial review. Amar's Neo-Federalist View = Analyzed two tiers of federal jurisdiction.</p> Signup and view all the answers

    What complicates the assumption that society will follow Supreme Court decisions?

    <p>Difficulties of implementation.</p> Signup and view all the answers

    Congress has the authority to restrict cases involving controversial subjects such as abortion and school prayer.

    <p>True</p> Signup and view all the answers

    Identify a safeguard that mitigates the countermajoritarian difficulty associated with judicial review.

    <p>Political corrective mechanisms.</p> Signup and view all the answers

    The importance of lower federal courts is to ensure the effectiveness of the ____________________ granted under Article III.

    <p>judicial power</p> Signup and view all the answers

    Match the following individuals with their stated contributions or positions:

    <p>Eisenberg = Argued against denying jurisdiction based on Supreme Court review. Justice Story = Advocated for continuous federal court jurisdiction. G. Rosenberg = Authored 'The Hollow Hope' discussing the limitations of courts. D. Horowitz = Explored the role of courts in social policy.</p> Signup and view all the answers

    What does the case or controversy requirement primarily promote?

    <p>Democratic self-government</p> Signup and view all the answers

    The courts are allowed to issue advisory opinions.

    <p>False</p> Signup and view all the answers

    What is the purpose of standing in legal cases?

    <p>To ensure that a party has a personal stake in the case.</p> Signup and view all the answers

    The requirement that courts may not decide _____ questions is a part of justiciability doctrines.

    <p>political</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Standing = Personal stake in the controversy Advisory Opinions = Opinions not based on actual cases Judicial Restraint = Limitations on judicial intervention Mootness = Issues no longer relevant</p> Signup and view all the answers

    Which rationale supports the need for the court to resolve issues through concrete disputes?

    <p>Promoting sound constitutional conclusions</p> Signup and view all the answers

    Judicial decisions often have effects that extend only to the particular case.

    <p>False</p> Signup and view all the answers

    Name one historical figure who contributed to the development of justiciability doctrines in the 20th century.

    <p>Justice Brandeis or Justice Frankfurter</p> Signup and view all the answers

    The concept of 'passive virtues' relates to the _____ of the judiciary in U.S. government.

    <p>inaction</p> Signup and view all the answers

    Match the following Supreme Court cases with their significance:

    <p>Roe v. Wade = Right to an abortion Brown v. Board of Education = Right to attend integrated schools</p> Signup and view all the answers

    What does the 'countermajoritarian difficulty' refer to?

    <p>The tension between judicial review and democratic principles</p> Signup and view all the answers

    The case or controversy requirement allows for hypothetical legal disputes.

    <p>False</p> Signup and view all the answers

    What is meant by collusive litigation?

    <p>Litigation where parties are in agreement to manipulate the outcome.</p> Signup and view all the answers

    The justiciability doctrines have evolved over time, especially in the _____ century.

    <p>twentieth</p> Signup and view all the answers

    What is one effect of the 'time lag' created by justiciability requirements?

    <p>It cushions the clash between courts and legislatures.</p> Signup and view all the answers

    What was the primary issue raised by McCardle in Ex parte McCardle?

    <p>Whether Congress had the authority to repeal jurisdiction acts</p> Signup and view all the answers

    The Supreme Court has the ultimate authority to settle all constitutional questions.

    <p>False</p> Signup and view all the answers

    What did Congress do while McCardle's case was still pending in court?

    <p>Congress enacted a statute that repealed the provision of the 1867 habeas corpus act.</p> Signup and view all the answers

    The case of Ex parte McCardle challenged Congress’s power over _____ after the Civil War.

    <p>Reconstruction</p> Signup and view all the answers

    Which statement reflects the Chief Justice Chase's opinion on jurisdiction?

    <p>Congress can define and make exceptions to the appellate jurisdiction.</p> Signup and view all the answers

    The jurisdiction of the Supreme Court is entirely independent of Congressional influence.

    <p>False</p> Signup and view all the answers

    What was the effect of the repealing act of 1868 on the McCardle case?

    <p>The appeal was dismissed for want of jurisdiction.</p> Signup and view all the answers

    In Ex parte McCardle, Chief Justice Chase indicated that, without jurisdiction, the court only has the function of _____ the case.

    <p>dismissing</p> Signup and view all the answers

    What concern did Congress have regarding the McCardle case?

    <p>That it would invalidate the Reconstruction plan</p> Signup and view all the answers

    Ex parte Yerger expanded the Supreme Court's jurisdiction over habeas corpus proceedings.

    <p>True</p> Signup and view all the answers

    Describe the implication of Ex parte McCardle on congressional power.

    <p>It suggested that Congress had significant authority to regulate the appellate jurisdiction of the Supreme Court.</p> Signup and view all the answers

    In Ex parte McCardle, the Court concluded that jurisdiction is required to _____ law.

    <p>declare</p> Signup and view all the answers

    Match the following amendments with their respective subjects:

    <p>First Amendment = Freedom of speech and religion Fifth Amendment = Rights in criminal cases, including due process Fourteenth Amendment = Equal protection and civil rights Nineteenth Amendment = Women's right to vote</p> Signup and view all the answers

    What effect could Congress have if it restricted the Supreme Court's jurisdiction?

    <p>It could eliminate the Court's power to review all federal matters.</p> Signup and view all the answers

    The exceptions clause allows Congress unlimited power to restrict the Supreme Court's jurisdiction.

    <p>False</p> Signup and view all the answers

    What is one argument made against Congress having plenary power over the appellate jurisdiction of the Supreme Court?

    <p>It could destroy the essential role of the Supreme Court in the constitutional framework.</p> Signup and view all the answers

    The Supreme Court is intended to ensure that Congress and the President remain within __________ limits.

    <p>constitutional</p> Signup and view all the answers

    According to the arguments presented, why might restricting jurisdiction be seen as counterproductive?

    <p>It would enhance legislative power without checks.</p> Signup and view all the answers

    The language of the Constitution places strict limits on Congress's power to regulate the Supreme Court's jurisdiction.

    <p>False</p> Signup and view all the answers

    What is the main concern about Congress having the power to insulate its own laws from constitutional review?

    <p>It could undermine the checks and balances system established by the Constitution.</p> Signup and view all the answers

    In the case of __________, the idea of judicial review was clarified as a fundamental function of the Supreme Court.

    <p>Marbury v. Madison</p> Signup and view all the answers

    What is one potential consequence of Congress exercising broad exceptions power over the Supreme Court?

    <p>It could create a constitutional crisis.</p> Signup and view all the answers

    Judicial review serves as a mechanism for courts to enforce state laws when they conflict with federal law.

    <p>False</p> Signup and view all the answers

    Why might the term 'exceptions' in the context of the exceptions clause imply a narrow power?

    <p>It suggests limitations rather than broad authority, emphasizing that jurisdiction should largely remain with the Supreme Court.</p> Signup and view all the answers

    The __________ establishes the intended relationship between Congress, the President, and the courts.

    <p>Constitution</p> Signup and view all the answers

    Which case is often cited as a foundational precedent for judicial review?

    <p>Marbury v. Madison</p> Signup and view all the answers

    The proposal to restrict the Supreme Court's jurisdiction regarding state-law decisions represents a legitimate exercise of Congressional power.

    <p>False</p> Signup and view all the answers

    What is the main focus of the injury in fact requirement in standing doctrine?

    <p>The types of injuries that can confer standing</p> Signup and view all the answers

    The injury in fact requirement has always been a part of standing doctrine.

    <p>False</p> Signup and view all the answers

    What is the consequence of the new standing requirements introduced in the judicial review?

    <p>A split between the public and private spheres.</p> Signup and view all the answers

    The Court rejected the claim of vocational injury by a zoo keeper of Asian elephants due to the belief that geographic distance _______ the harm.

    <p>mitigated</p> Signup and view all the answers

    Match the following terms related to standing doctrine with their definitions:

    <p>Injury in fact = A harm that is concrete and particularized, not hypothetical. Legal injury = An injury recognized by law, allowing for a right to relief. Standing = The legal right to initiate a lawsuit. Justiciability = The appropriateness of a subject matter for court adjudication.</p> Signup and view all the answers

    Which justices played a key role in developing standing limitations during the New Deal era?

    <p>Justices Brandeis and Frankfurter</p> Signup and view all the answers

    The courts owe deference to Congress's substantive purpose when imposing procedural requirements.

    <p>True</p> Signup and view all the answers

    In what case did Justice Brandeis concur, suggesting a separation of public and private interests?

    <p>Joint Anti-Fascist Refugee Committee v. McGrath</p> Signup and view all the answers

    Marbury v. Madison established the principle that it is the right of every individual to claim the _______ of the laws when injured.

    <p>protection</p> Signup and view all the answers

    What does the Court believe about the judicial enforcement of agencies’ observance of statutorily prescribed procedures?

    <p>It compromises the President's constitutional duties.</p> Signup and view all the answers

    Procedural injuries are automatically excluded from consideration for standing.

    <p>False</p> Signup and view all the answers

    What is the relationship between injury in fact and common law interest regarding standing?

    <p>Injury in fact is a newer requirement than common law interest.</p> Signup and view all the answers

    The Court’s concept of standing suggests that the harm must be _______ and particularized.

    <p>concrete</p> Signup and view all the answers

    What must a party seeking review demonstrate in order to establish standing?

    <p>They have suffered an injury.</p> Signup and view all the answers

    What does not factor into the Court’s analysis according to the dissenting opinion?

    <p>Distant geographic location</p> Signup and view all the answers

    Social and public interest litigants faced no challenges regarding standing in the early formative years of standing doctrine.

    <p>False</p> Signup and view all the answers

    Respondents can establish standing without demonstrating concrete injury.

    <p>False</p> Signup and view all the answers

    What does Justice Stevens believe about a person's interest in visiting the habitat of an endangered species?

    <p>They have standing to challenge agency action that threatens their destruction.</p> Signup and view all the answers

    The citizen-suit provision of the Endangered Species Act does not meet minimal requirements because it does not identify the injury sought to be _____ .

    <p>vindicated</p> Signup and view all the answers

    Which of the following conditions did the plurality note that respondents lacked for redressability?

    <p>The agencies consulted would influence foreign projects.</p> Signup and view all the answers

    Justice Kennedy believed that requiring affiants to acquire airline tickets was trivial in the context of establishing standing.

    <p>True</p> Signup and view all the answers

    What is the significance of 'injury in fact' in establishing standing?

    <p>It refers to a concrete and immediate harm suffered by the party.</p> Signup and view all the answers

    The principle of standing requires that the party must have suffered an _____ .

    <p>injury in fact</p> Signup and view all the answers

    Match the justices with their views on standing:

    <p>Justice Kennedy = Requires demonstrated injury for standing Justice Stevens = Believed visiting habitats grants standing Justice Blackmun = Dissenting on foreign activity applicability Justice O'Connor = Joined in dissent with Blackmun</p> Signup and view all the answers

    Which of the following is NOT a reason the plurality gave for the lack of redressability?

    <p>The government alone controls all environmental regulations.</p> Signup and view all the answers

    Justice Blackmun agreed with Justice Stevens' view regarding standing.

    <p>False</p> Signup and view all the answers

    How does Justice Stevens view the injury to interest in studying or enjoying a species?

    <p>Such injury occurs when government or private actions harm the species and habitat.</p> Signup and view all the answers

    Respondents' intention to visit the sites in the future is necessary to establish a sufficient _____ for standing.

    <p>nexus</p> Signup and view all the answers

    What factor does NOT need to be assessed for a case to demonstrate standing?

    <p>The party's interest must be economic.</p> Signup and view all the answers

    Congress can define injuries and create new rights of action under certain circumstances.

    <p>True</p> Signup and view all the answers

    What is the primary focus of the discussed court opinion?

    <p>The public interest in government compliance with laws</p> Signup and view all the answers

    The court held that a generalized grievance about government creates an Article III case or controversy.

    <p>False</p> Signup and view all the answers

    What does 'injury-in-fact' refer to in the context of this court opinion?

    <p>A concrete, tangible injury to an individual that meets standing requirements.</p> Signup and view all the answers

    Congress cannot convert the public interest into an __________ right.

    <p>individual</p> Signup and view all the answers

    Which of the following is NOT a scenario in which the court would recognize standing?

    <p>An abstract right claimed by any citizen for government compliance</p> Signup and view all the answers

    What does the 'ecosystem nexus' theory propose regarding standing?

    <p>Anyone using any part of an adversely affected ecosystem has standing.</p> Signup and view all the answers

    The courts are positioned to administer laws as equal to the Executive branch.

    <p>False</p> Signup and view all the answers

    What role does Chief Justice Marshall describe for the courts in 'Marbury v. Madison'?

    <p>To decide on the rights of individuals.</p> Signup and view all the answers

    The 'animal nexus' theory allows anyone interested in studying endangered animals to have standing.

    <p>True</p> Signup and view all the answers

    What is one major requirement for demonstrating standing in environmental cases?

    <p>A factual showing of perceptible harm.</p> Signup and view all the answers

    The courts should protect individual rights against actions that exceed __________ authority.

    <p>administrative</p> Signup and view all the answers

    Match the following terms with their associated cases:

    <p>Frothingham v. Mellon = Determines the implications of generalized grievances Trafficante v. Metropolitan Life Ins. Co. = Concrete injury recognition in racially integrated communities Warth v. Seldin = Standing can arise from statutory rights Sierra Club v. Morton = Challenges regarding environmental issues and standing</p> Signup and view all the answers

    Standing is not based on mere __________ but on actual perceptible injury.

    <p>speculation</p> Signup and view all the answers

    What does the court suggest would happen if Congress turns public interest into individual rights?

    <p>Usurpation of the Executive’s constitutional duties</p> Signup and view all the answers

    What was the significant change in standing law introduced by the Supreme Court in Association of Data Processing Services Organizations v. Camp?

    <p>The introduction of a requirement for injury in fact</p> Signup and view all the answers

    Why is redressability a significant issue in the discussed case?

    <p>The funding agencies were not parties in the case.</p> Signup and view all the answers

    The Sierra Club was granted standing in their case against the timber sale in the national forest.

    <p>False</p> Signup and view all the answers

    Respondents demonstrated clear evidence that funding agencies would alter their projects if the Secretary's regulation was changed.

    <p>False</p> Signup and view all the answers

    Plaintiffs claiming harm to individual rights must demonstrate specific concrete harm.

    <p>True</p> Signup and view all the answers

    What does the 'citizen-suit' provision of the ESA allow individuals to do?

    <p>Commence a civil suit to enjoin violations.</p> Signup and view all the answers

    What did the Court emphasize about the injury in fact requirement in Data Processing?

    <p>It is relatively lenient and can include various types of harms.</p> Signup and view all the answers

    What is the core principle regarding individual rights as derived from the discussed cases?

    <p>Individual rights cannot be based on generalized public interests.</p> Signup and view all the answers

    In United States v. SCRAP, the plaintiffs claimed that their members used the forests, streams, mountains, and ________ in the Washington metropolitan area.

    <p>other resources</p> Signup and view all the answers

    The injury required by Article III can only exist if it creates legal __________.

    <p>rights</p> Signup and view all the answers

    The concept of _________ injury refers to the right to enforce procedural requirements even in the absence of actual damage.

    <p>procedural</p> Signup and view all the answers

    Match the following theories of standing with their descriptions:

    <p>Ecosystem Nexus = Standing for anyone using a part of an adversely affected ecosystem Animal Nexus = Standing for anyone with an interest in endangered animals globally Vocational Nexus = Standing for professionals with interests in specific endangered species Procedural Injury = Right to enforce consultation procedures</p> Signup and view all the answers

    Match the following cases with their corresponding outcomes regarding standing:

    <p>Sierra Club v. Morton = Denied for lack of concrete injury United States v. SCRAP = Affirmed standing based on usage of resources Summers v. Earth Island Institute = Denied standing for insufficient specific plans Association of Data Processing Services Organizations v. Camp = Established injury in fact requirement</p> Signup and view all the answers

    What type of interests were emphasized by courts in the 1960s and 1970s for standing?

    <p>Statutory interests</p> Signup and view all the answers

    What does the court assert about the 'procedural injury' found by the Court of Appeals?

    <p>It allows anyone to challenge failures without proving harm.</p> Signup and view all the answers

    The 'vocational nexus' approach is based on individuals having professional connections with endangered species.

    <p>True</p> Signup and view all the answers

    The requirement for injury in fact is stringent and hard to meet.

    <p>False</p> Signup and view all the answers

    What does the term 'ideological interest' refer to in the context of standing?

    <p>An interest in compliance with the law without demonstrating actual injury.</p> Signup and view all the answers

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

    <p>The ability to remedy the injury through legal action.</p> Signup and view all the answers

    The Court in __________ held that environmental groups could challenge the Interstate Commerce Commission’s decisions.

    <p>United States v. SCRAP</p> Signup and view all the answers

    Under the __________ approach, anyone at a distance from an affected area can claim injury.

    <p>ecosystem nexus</p> Signup and view all the answers

    Match the terms with their definitions or descriptions related to standing law:

    <p>Injury in fact = A specific, concrete harm that must be shown Legal interest = A right conferred by statute to sue Standing = The ability to bring a case into court Statutory interpretation = Understanding laws passed by legislature</p> Signup and view all the answers

    What percentage of funding did AID provide for the Mahaweli Project?

    <p>Less than 10%</p> Signup and view all the answers

    What was one of the outcomes of Sierra Club v. Morton?

    <p>Standing denied due to lack of direct interest</p> Signup and view all the answers

    Massachusetts v. EPA affirmed the standing that was established in SCRAP.

    <p>False</p> Signup and view all the answers

    What was the main takeaway from the Court's decision in Summers v. Earth Island Institute?

    <p>An affidavit stating future intentions was not enough to establish standing.</p> Signup and view all the answers

    In modern standing cases, an interest to __________ with the law is inadequate for establishing standing.

    <p>comply</p> Signup and view all the answers

    What did the Court mean by the 'attenuated line of causation' in United States v. SCRAP?

    <p>Causation can be indirect but still valid</p> Signup and view all the answers

    What is required for a plaintiff to establish standing in court?

    <p>An injury in fact, a causal connection to the conduct complained of, and likelihood of redress</p> Signup and view all the answers

    A plaintiff must always be the direct object of the government action to establish standing.

    <p>False</p> Signup and view all the answers

    Name one of the three elements of standing.

    <p>Injury in fact</p> Signup and view all the answers

    The __________ must have suffered an injury that is actual or imminent.

    <p>plaintiff</p> Signup and view all the answers

    Match the following phrases with their correct descriptions:

    <p>Injury in fact = Actual or imminent injury Causal connection = Link between injury and the defendant's conduct Likelihood of redress = Expectation that a favorable decision will repair the injury Affidavit = Written statement made under oath</p> Signup and view all the answers

    What did the Court of Appeals find regarding the affidavits of Joyce Kelly and Amy Skilbred?

    <p>They contained no facts showing imminent injury to the plaintiffs</p> Signup and view all the answers

    It is unnecessary for a plaintiff to provide specific facts supporting their claim at the pleading stage.

    <p>True</p> Signup and view all the answers

    What does 'injury in fact' refer to?

    <p>An invasion of a legally-protected interest that is concrete and particularized.</p> Signup and view all the answers

    What was President Washington's request to the justices regarding?

    <p>Views on legal questions from a war between England and France.</p> Signup and view all the answers

    The burden of establishing standing lies with the __________.

    <p>party invoking federal jurisdiction</p> Signup and view all the answers

    The justices believe it is appropriate for them to extrajudicially decide questions related to the President's request.

    <p>False</p> Signup and view all the answers

    What type of evidence is required at the summary judgment stage for a plaintiff asserting injury?

    <p>Specific facts supported by evidence</p> Signup and view all the answers

    What are the regulations set out in Section 7(a)(2) of the Endangered Species Act designed to enforce?

    <p>The regulations ensure that actions by federal agencies do not jeopardize endangered or threatened species.</p> Signup and view all the answers

    Causation and redressability are often straightforward for plaintiffs who are not directly affected by the government action.

    <p>False</p> Signup and view all the answers

    The Chief Justice also serves on the Board of Regents of the _____ Institute.

    <p>Smithsonian</p> Signup and view all the answers

    What was the initial position of the Fish and Wildlife Service (FWS) regarding Section 7(a)(2) in 1978?

    <p>It extended to actions in foreign nations.</p> Signup and view all the answers

    What was one of the activities that harmed Ms. Kelly's interest in observing the Nile crocodile?

    <p>The American role in overseeing the rehabilitation of the Aswan High Dam.</p> Signup and view all the answers

    The Court assumed that the agency-funded projects threaten listed species, but it considered this __________.

    <p>questionable</p> Signup and view all the answers

    The Office of Legal Counsel has assumed a significant advisory role for the executive branch.

    <p>True</p> Signup and view all the answers

    What was Ms. Skilbred's concern about her potential return to Sri Lanka?

    <p>The civil war affecting her travel plans</p> Signup and view all the answers

    What did the justices express regret about concerning President Washington's administration?

    <p>They expressed regret over events that might cause embarrassment to his administration.</p> Signup and view all the answers

    What are the three main elements of standing?

    <p>Injury in fact, causal connection, and likelihood of redress.</p> Signup and view all the answers

    Justice Scalia delivered the opinion of the Court in the case of _____ v. Defenders of Wildlife.

    <p>Lujan</p> Signup and view all the answers

    Which of the following entities was responsible for proposing the revised joint regulation regarding Section 7(a)(2) in 1986?

    <p>The Secretary of the Interior.</p> Signup and view all the answers

    The Assistant Attorney General in charge of the Office of Legal Counsel is a career civil servant.

    <p>False</p> Signup and view all the answers

    What outcome did the revised interpretation by the Interior Department achieve regarding federal obligations?

    <p>It limited obligations to actions taken only in the United States or on the high seas.</p> Signup and view all the answers

    Match the components related to presidential advice and judicial roles:

    <p>Earl Warren = Head of the commission investigating Kennedy's assassination Thomas Jefferson = Secretary of State under President Washington The Office of Legal Counsel = Advisory role for the executive branch Endangered Species Act = Federal law protecting threatened species</p> Signup and view all the answers

    Which judicial body has the power to issue advisory opinions in certain state courts?

    <p>Supreme Courts</p> Signup and view all the answers

    The judicial review challenge was directed against a rule promulgated by the Secretary of the _____ regarding the Endangered Species Act.

    <p>Interior</p> Signup and view all the answers

    Judicial opinions on policy matters are explicitly excluded from the powers of justices under Article III.

    <p>True</p> Signup and view all the answers

    Study Notes

    Judicial Exclusivity in Constitutional Interpretation

    • Cooper v. Aaron (1958): Arkansas resisted a desegregation order, arguing that desegregation would lead to violence. The Supreme Court held that "law and order" cannot justify violating constitutional rights. They asserted that the interpretation of the Fourteenth Amendment in Brown v. Board of Education was supreme law.
    • Article VI & Supremacy Clause: The Constitution is the supreme law of the land, and federal courts' interpretations of the Constitution are binding on all branches of government.
    • Marbury v. Madison (1803): Established judicial review, stating the judiciary's duty to interpret the Constitution. This case did not explicitly claim exclusive interpretation power, but established that the Constitution is an enforceable legal source.
    • Cooper v. Aaron's broader implications: This decision suggests the judiciary holds a unique role in defining the Constitution. Other branches should defer to the Court's interpretation.

    Political Control Over Jurisdiction of Article III Courts

    • Ex parte McCardle (1869): The Supreme Court acknowledged Congress's power to restrict its appellate jurisdiction, but this power is not unlimited (implied restraint). Congress can remove specific cases from the court's review. Congress doesn't need to maintain Supreme Court jurisdiction in all cases, but a total dismissal of jurisdiction would potentially violate the separation of powers.
    • Plenary Power Argument: Congress possesses near-complete power over the Supreme Court's appellate jurisdiction according to this view, limited only by the political process and not by constitutional constraints.
    • "Essential Functions" Hypothesis: Congress cannot eliminate the vital role of the Supreme Court in upholding constitutional limits. Removing jurisdiction substantially affects the Court's ability to check other branches.
    • United States v. Klein (1872): Congress cannot use jurisdictional removal to influence the outcome of a pending case in a way that violates the separation of powers. It can only remove the right to appeal a specific category of cases.

    The Power of Reprisal - General Thoughts

    • Mechanisms of Control: Constitutional amendment, appointment, impeachment, public opinion, and jurisdictional limits offer ways for other branches of government to check the Supreme Court's interpretation.
    • Countermajoritarian Difficulty: Judicial review is less troubling than sometimes perceived, given these checks and balances.
    • Political Nature of Judges: Judges are not entirely insulated from politics; their actions can still be subject to political pressures and influences.

    Case or Controversy Requirements/Passive Virtues

    • Case or Controversy Requirement (Article III, Section 2): Federal courts are constitutionally constrained to resolve only actual, justiciable disputes, not hypothetical or advisory questions. This requirement promotes both judicial restraint and ensuring cases are resolved within concrete disputes.
    • "Passive Virtues": Inaction on non-justiciable cases can mediate between electoral accountability and decisions based on principle.
    • Advisory Opinions: Federal courts traditionally cannot issue advisory opinions (opinions on hypothetical situations) because they're not tied to a specific dispute or controversy.
    • Standing: Plaintiffs must demonstrate a concrete injury, directly caused by the defendant, and that a favorable ruling will likely redress the injury. This requirement distinguishes between genuine disputes and abstract or generalized concerns.

    The Application of "Injury in Fact"

    • Evolution of Injury in Fact: The current standing requirement is a relatively recent development. The earlier "legal injury" requirement was tied to a cause of action and whether a particular law conferred a right to relief. The shift to "injury in fact" broadened the range of injuries that can be considered sufficient to confer standing, beyond just private property rights.
    • Standing vs. Merits: Standing (whether a plaintiff can bring a suit) is distinct from the merits (the actual validity of the case presented). The injury in fact test is meant to screen only those cases worthy of judicial discussion.
    • Sierra Club v. Morton (1972): The Court denied standing because the plaintiff organization lacked a demonstrably personal stake in the outcome, highlighting the need for a "personal stake" in a concrete dispute.
    • United States v. SCRAP (1973): The Court found sufficient injury for standing; the plaintiffs alleged concrete effects of the government policy on their activities, though the connection is somewhat attenuated.

    Lujan v. Defenders of Wildlife (1992)

    • Standing Requirements Overview: The case establishes a three-part test for standing: injury in fact, causal connection, and redressability. It emphasizes that standing is not an abstract or generalized interest or concern, but requires a demonstrated, concrete personal harm.
    • Injury in fact: The case highlights the difficulty of proving an injury in fact if the plaintiff is not directly affected by the government action in dispute.
    • Redressability: Plaintiffs must demonstrate that the remedy sought will actually rectify the alleged harm. This is often difficult in cases of broader government action.
    • Critique of General Grievances: Standing cannot be based on a generalized interest or concern about government conduct without a concrete personal injury. It's not constitutional for Congress to grant standing to everybody for any kind of public concern.

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    Test your understanding of key concepts in U.S. constitutional law, including landmark cases, amendments, and the roles of different government branches. This quiz covers significant rulings and principles, such as the supremacy of the Constitution and the implications of desegregation. Dive deep into the foundational elements that shape American law.

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