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The Judicial Branch and the Rise of Judicial Activism

Description: This quiz will test your knowledge about the Judicial Branch and the Rise of Judicial Activism.
Number of Questions: 15
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Tags: judicial branch judicial activism supreme court constitution
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What is the primary role of the Judicial Branch?

  1. To interpret and apply the law

  2. To make laws

  3. To enforce laws

  4. To oversee the executive branch

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Correct Option: A
Explanation:

The Judicial Branch is responsible for interpreting and applying the law, resolving disputes, and ensuring that the laws are followed.

What is judicial activism?

  1. A philosophy that judges should interpret the law strictly according to its original meaning

  2. A philosophy that judges should interpret the law broadly to promote social justice

  3. A philosophy that judges should defer to the decisions of the other branches of government

  4. A philosophy that judges should use their own personal beliefs to decide cases

Show answer
Correct Option: B
Explanation:

Judicial activism is a philosophy that judges should interpret the law broadly to promote social justice, even if it means going beyond the original meaning of the law.

Which Supreme Court case is often cited as the beginning of the era of judicial activism?

  1. Marbury v. Madison

  2. Brown v. Board of Education

  3. Roe v. Wade

  4. Obergefell v. Hodges

Show answer
Correct Option: A
Explanation:

Marbury v. Madison (1803) is often cited as the beginning of the era of judicial activism because it established the principle of judicial review, which allows the Supreme Court to declare laws unconstitutional.

What is the doctrine of stare decisis?

  1. The doctrine that judges should follow the decisions of previous courts

  2. The doctrine that judges should interpret the law strictly according to its original meaning

  3. The doctrine that judges should defer to the decisions of the other branches of government

  4. The doctrine that judges should use their own personal beliefs to decide cases

Show answer
Correct Option: A
Explanation:

Stare decisis is the doctrine that judges should follow the decisions of previous courts, unless there is a strong reason to overturn them.

Which Supreme Court justice is known for his strong support of judicial activism?

  1. Earl Warren

  2. William Brennan

  3. Thurgood Marshall

  4. Ruth Bader Ginsburg

Show answer
Correct Option: A
Explanation:

Earl Warren was the Chief Justice of the United States from 1953 to 1969. He is known for his strong support of judicial activism and for his role in the landmark Brown v. Board of Education decision, which outlawed segregation in public schools.

Which Supreme Court justice is known for his strong opposition to judicial activism?

  1. Antonin Scalia

  2. Clarence Thomas

  3. Samuel Alito

  4. Neil Gorsuch

Show answer
Correct Option: A
Explanation:

Antonin Scalia was an Associate Justice of the Supreme Court from 1986 to 2016. He was known for his strong opposition to judicial activism and for his belief that judges should interpret the law strictly according to its original meaning.

What is the difference between judicial activism and judicial restraint?

  1. Judicial activism is a philosophy that judges should interpret the law broadly to promote social justice, while judicial restraint is a philosophy that judges should interpret the law strictly according to its original meaning.

  2. Judicial activism is a philosophy that judges should defer to the decisions of the other branches of government, while judicial restraint is a philosophy that judges should use their own personal beliefs to decide cases.

  3. Judicial activism is a philosophy that judges should follow the decisions of previous courts, while judicial restraint is a philosophy that judges should overturn the decisions of previous courts.

  4. Judicial activism is a philosophy that judges should make laws, while judicial restraint is a philosophy that judges should enforce laws.

Show answer
Correct Option: A
Explanation:

Judicial activism is a philosophy that judges should interpret the law broadly to promote social justice, while judicial restraint is a philosophy that judges should interpret the law strictly according to its original meaning.

What are some of the arguments in favor of judicial activism?

  1. It allows judges to protect the rights of minorities and other vulnerable groups.

  2. It allows judges to keep up with the changing needs of society.

  3. It allows judges to promote social justice.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

Judicial activism can be used to protect the rights of minorities and other vulnerable groups, to keep up with the changing needs of society, and to promote social justice.

What are some of the arguments against judicial activism?

  1. It allows judges to impose their own personal beliefs on society.

  2. It undermines the authority of the other branches of government.

  3. It can lead to unpredictable and inconsistent rulings.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

Judicial activism can allow judges to impose their own personal beliefs on society, undermine the authority of the other branches of government, and lead to unpredictable and inconsistent rulings.

Do you think judicial activism is a good thing or a bad thing?

  1. Good

  2. Bad

  3. It depends

Show answer
Correct Option: C
Explanation:

Whether judicial activism is a good thing or a bad thing depends on the specific case and the circumstances. There are arguments both for and against judicial activism.

What are some recent examples of judicial activism?

  1. The Supreme Court's decision to legalize same-sex marriage

  2. The Supreme Court's decision to strike down the Defense of Marriage Act

  3. The Supreme Court's decision to uphold the Affordable Care Act

  4. All of the above

Show answer
Correct Option: D
Explanation:

All of the above are examples of recent cases in which the Supreme Court has been accused of judicial activism.

What are some recent examples of judicial restraint?

  1. The Supreme Court's decision to uphold the death penalty

  2. The Supreme Court's decision to strike down the Voting Rights Act

  3. The Supreme Court's decision to uphold the Second Amendment right to bear arms

  4. All of the above

Show answer
Correct Option: D
Explanation:

All of the above are examples of recent cases in which the Supreme Court has been accused of judicial restraint.

Do you think the Supreme Court should be more activist or more restrained?

  1. More activist

  2. More restrained

  3. It depends

Show answer
Correct Option: C
Explanation:

Whether the Supreme Court should be more activist or more restrained depends on the specific case and the circumstances. There are arguments both for and against judicial activism and judicial restraint.

What are some of the challenges facing the Judicial Branch today?

  1. The increasing politicization of the courts

  2. The growing backlog of cases

  3. The lack of diversity among judges

  4. All of the above

Show answer
Correct Option: D
Explanation:

All of the above are challenges facing the Judicial Branch today.

What can be done to address these challenges?

  1. Appoint more judges

  2. Increase funding for the courts

  3. Reform the judicial selection process

  4. All of the above

Show answer
Correct Option: D
Explanation:

All of the above are potential solutions to the challenges facing the Judicial Branch today.

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