Federalist 78

1. What was Hamilton's position regarding the power of the Judiciary to declare legislative acts contrary to the Constitution void? 2. Why does Hamilton consider the independence of the judiciary to be a vital component of constitutional government? 3. What arguments does Hamilton advance for establishing permanency of judicial offices?

Marbury v. Madison Short Multiple Choice Quiz

Judicial Self-Restraint 1. Why does Roche state that "it is naive to assert that the Supreme Court is limited by the Constitution..."? 2. To what extent has the judiciary been limited as the result of political demands to curb judicial discretion? 3. What are the two major techniques of judicial self-restraint?

ELK GROVE UNIFIED SCHOOL DISTRICT et al. v. NEWDOW et. Al. The Pledge of Allegiance Case

Short Multiple Choice Quiz

How the Supreme Court Arrives at Decisions 1. Evaluate Justice Brennens statement that the Court is not a council of Platonic guardians, nor involved in making social, political, economic, or philosophical decisions, these insofar as they concern government at all being properly the function of the peoples elected representatives. The justices are charged with deciding according to law... 2. How does a case get docketed with the Supreme Court? 3. Do you feel that the procedures of the Supreme Court described by Justice Brennen are adequate for the Court to meet its vast responsibilities?

Constitutional Liberty and the Right to Abortion Justice Sandra Day OConnor

1. Is OConnors argument about stare decisis convincing? Have facts changed within the gambit of the Roe decision? Is OConnor grasping at straws in order to uphold the earlier ruling? Is there a qualitative difference between the West Coast Hotel and Brown decisions and the situation surrounding Roe? Should this discussion even be a part of the decision, or should it have been left out?

Liberty, Privacy, and the Right to Abortion Chief Justice William Rehnquist

1. Is public opinion or the agreement of state and local law a necessary element in a fundamental right? Explain

Liberty and Abortion: A Strict Constructionists View Justice Antonin Scalia

1. Scalia argues that the Courts language defending the right to abortion might equally be used to defend other actions the Court has found are not protected rights. Is he right? Has he taken some of the language out of context? Is the court, in the abortion decisions, deciding on the basis of reason and law, or on the basis of political concerns and value judgments? Is the Court susceptible to continuing a decision just to keep from looking weak and indecisive in the face of protest?