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The Judicial Branch and Foreign Policy

Description: This quiz assesses your knowledge of the role of the Judicial Branch in shaping and implementing foreign policy in the United States.
Number of Questions: 15
Created by:
Tags: judicial branch foreign policy international law supreme court
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Which of the following is NOT a way in which the Judicial Branch can influence foreign policy?

  1. Interpreting treaties and international agreements

  2. Ruling on cases involving foreign governments or individuals

  3. Appointing ambassadors and other diplomatic officials

  4. Deciding whether to go to war

Show answer
Correct Option: C
Explanation:

The Judicial Branch does not have the authority to appoint ambassadors or other diplomatic officials. This power is reserved for the President, with the advice and consent of the Senate.

The Supreme Court's decision in Marbury v. Madison (1803) established the principle of:

  1. Judicial review

  2. Separation of powers

  3. Checks and balances

  4. Federal supremacy

Show answer
Correct Option: A
Explanation:

In Marbury v. Madison, the Supreme Court held that it has the power to declare laws unconstitutional. This principle is known as judicial review.

Which of the following is NOT a type of case that the Supreme Court can hear involving foreign policy?

  1. Cases involving treaties and international agreements

  2. Cases involving the rights of foreign nationals in the United States

  3. Cases involving the actions of the President or other executive branch officials in foreign affairs

  4. Cases involving the regulation of international trade

Show answer
Correct Option: D
Explanation:

The Supreme Court does not have jurisdiction over cases involving the regulation of international trade. These cases are typically heard by lower federal courts.

The International Court of Justice (ICJ) is:

  1. The principal judicial organ of the United Nations

  2. A specialized agency of the United Nations

  3. A regional court for Europe

  4. A court that hears cases involving international trade disputes

Show answer
Correct Option: A
Explanation:

The ICJ is the principal judicial organ of the United Nations. It is responsible for settling legal disputes between states and for giving advisory opinions on legal questions.

The United States is NOT a party to which of the following international treaties?

  1. The Geneva Conventions

  2. The Rome Statute of the International Criminal Court

  3. The Kyoto Protocol

  4. The Convention on the Rights of the Child

Show answer
Correct Option: B
Explanation:

The United States is not a party to the Rome Statute of the International Criminal Court. This treaty established the International Criminal Court, which is a permanent court that tries individuals for crimes against humanity, war crimes, and genocide.

Which of the following is NOT a way in which the Judicial Branch can help to promote international cooperation?

  1. Resolving disputes between states

  2. Interpreting international treaties and agreements

  3. Providing legal assistance to foreign governments

  4. Imposing sanctions on foreign governments

Show answer
Correct Option: D
Explanation:

The Judicial Branch does not have the authority to impose sanctions on foreign governments. This power is reserved for the President and Congress.

The Foreign Intelligence Surveillance Court (FISC) is a special court that:

  1. Reviews requests for surveillance of foreign intelligence targets

  2. Hears cases involving espionage and terrorism

  3. Tries individuals accused of committing war crimes

  4. Interprets international treaties and agreements

Show answer
Correct Option: A
Explanation:

The FISC is a special court that reviews requests for surveillance of foreign intelligence targets. It is composed of judges who are appointed by the Chief Justice of the Supreme Court.

Which of the following is NOT a factor that the Supreme Court considers when deciding whether to uphold a treaty?

  1. The treaty's purpose and objectives

  2. The treaty's impact on the rights of U.S. citizens

  3. The treaty's consistency with the U.S. Constitution

  4. The treaty's popularity with the American public

Show answer
Correct Option: D
Explanation:

The Supreme Court does not consider the treaty's popularity with the American public when deciding whether to uphold it.

The Supreme Court's decision in United States v. Curtiss-Wright Export Corp. (1936) held that:

  1. The President has broad authority to conduct foreign affairs

  2. The President must consult with Congress before taking military action

  3. The President cannot enter into treaties without the consent of the Senate

  4. The President must obtain a declaration of war from Congress before going to war

Show answer
Correct Option: A
Explanation:

In United States v. Curtiss-Wright Export Corp., the Supreme Court held that the President has broad authority to conduct foreign affairs. This decision gave the President more power to negotiate treaties and agreements with other countries.

Which of the following is NOT a way in which the Judicial Branch can help to protect the rights of U.S. citizens abroad?

  1. Ruling on cases involving the rights of U.S. citizens who are detained or imprisoned abroad

  2. Interpreting treaties and international agreements that protect the rights of U.S. citizens

  3. Providing legal assistance to U.S. citizens who are facing legal problems abroad

  4. Imposing sanctions on foreign governments that violate the rights of U.S. citizens

Show answer
Correct Option: D
Explanation:

The Judicial Branch does not have the authority to impose sanctions on foreign governments. This power is reserved for the President and Congress.

The Supreme Court's decision in Hamdan v. Rumsfeld (2006) held that:

  1. The President has the authority to detain enemy combatants without trial

  2. The President must comply with the Geneva Conventions when detaining enemy combatants

  3. Enemy combatants are entitled to the same rights as U.S. citizens under the Constitution

  4. The President must obtain a declaration of war from Congress before detaining enemy combatants

Show answer
Correct Option: B
Explanation:

In Hamdan v. Rumsfeld, the Supreme Court held that the President must comply with the Geneva Conventions when detaining enemy combatants. This decision limited the President's authority to detain enemy combatants without trial.

Which of the following is NOT a way in which the Judicial Branch can help to promote peace and stability in the world?

  1. Resolving disputes between states

  2. Interpreting international treaties and agreements

  3. Providing legal assistance to foreign governments

  4. Deploying troops to foreign countries

Show answer
Correct Option: D
Explanation:

The Judicial Branch does not have the authority to deploy troops to foreign countries. This power is reserved for the President and Congress.

The Supreme Court's decision in Zivotofsky v. Kerry (2015) held that:

  1. The President has the authority to recognize foreign governments

  2. The President must consult with Congress before recognizing foreign governments

  3. The President cannot recognize foreign governments that are not democratically elected

  4. The President must obtain a declaration of war from Congress before recognizing foreign governments

Show answer
Correct Option: A
Explanation:

In Zivotofsky v. Kerry, the Supreme Court held that the President has the authority to recognize foreign governments. This decision gave the President more power to conduct foreign affairs.

Which of the following is NOT a way in which the Judicial Branch can help to protect the national security of the United States?

  1. Ruling on cases involving espionage and terrorism

  2. Interpreting treaties and international agreements that relate to national security

  3. Providing legal assistance to the military and intelligence community

  4. Imposing sanctions on foreign governments that threaten the national security of the United States

Show answer
Correct Option: D
Explanation:

The Judicial Branch does not have the authority to impose sanctions on foreign governments. This power is reserved for the President and Congress.

The Supreme Court's decision in Trump v. International Refugee Assistance Project (2017) held that:

  1. The President has the authority to ban travel from certain countries

  2. The President must consult with Congress before banning travel from certain countries

  3. The President cannot ban travel from certain countries based on religion

  4. The President must obtain a declaration of war from Congress before banning travel from certain countries

Show answer
Correct Option: A
Explanation:

In Trump v. International Refugee Assistance Project, the Supreme Court held that the President has the authority to ban travel from certain countries. This decision gave the President more power to control immigration and national security.

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