Which statement describes judicial activism?
Justices rely on the ideas of Congress and the president when deciding cases.
Justices rely on the Constitution and societal implications when deciding cases.
Justices rely on the opinions of the majority of citizens when deciding cases.
Justices rely on literal interpretations of the Constitution when deciding cases.

A map showing the geographic boundaries of the United States Courts of Appeals and United States District Courts. There are 11 regions total, mostly ascending from east to west.

Which statement represents a restriction on the courts that, if used, would affect this image?

Constitutional amendments can modify the impact of court decisions.
Congressional legislation can modify the impact of court decisions.
Congress and the president can ignore Supreme Court decisions.
Congress can change the number of federal judicial districts.

A district court ruled that the president's executive orders concerning immigration policy are unconstitutional.

This action is an example of

due process of law
judicial review
stare decisis
senatorial courtesy

Which statement describes judicial restraint?

Justices rely on the ideas of Congress and the president when deciding cases.
Justices rely on the Constitution and societal implications when deciding cases.
Justices rely on the opinions of the majority of citizens when deciding cases.
Justices rely on literal interpretations of the Constitution when deciding cases.

The Supreme Court ruled that an individual's religious beliefs do not excuse him from compliance with an otherwise valid law prohibiting conduct that government is free to regulate, like payment of taxes or vaccination requirements.

Which statement describes a step Congress could take to limit the impact of this ruling?

Increase the number of federal judicial districts
Nominate justices from the majority's party
Modify existing legislation to allow exceptions
Refuse to enforce the Supreme Court's decision

Which statement describes an example of how judicial review applies to presidential actions?

The Court overturned a portion of the Bipartisan Campaign Reform Act.
The Court overturned state statutes that permitted segregation in schools.
The Court ruled that detained terror suspects are entitled to a lawyer.
The Court ruled that safe, legal abortion was a constitutionally protected right.

"Yes, judges are independent, and the Founders thought that this independence would protect their ability to uphold the law, even when doing so is unpopular. On the other hand, this independence can look like unaccountability and it can create what the great legal scholar Alexander Bickel called the 'countermajoritarian difficulty.' Throughout our history, many of the Supreme Court's most contested decisions have been in cases—think of cases involving, for example, gun regulations or abortion restrictions—where the Justices struck down duly enacted laws and, critics contend, acted against the will and legitimate choice of the majority."—Richard W. Garnett

Which statement is a counterpoint to the idea of "countermajoritarian difficulty" described in the excerpt?

As noted in Federalist No. 78, the judicial branch is weaker than the other branches.
As noted in Federalist No. 78, judicial freedom is an essential constitutional safeguard.
In Marbury v. Madison (1803), the Court ruled that the Constitution must be interpreted literally.
In Marbury v. Madison (1803), the Court ruled that the judicial branch gains power through review.

Which statement describes an action the executive branch could take to limit the Supreme Court's power?

Confirm judicial appointments
Decrease the number of Court justices
Ratify constitutional amendments
Refuse to enforce Court decisions

Which choice explains a constitutional check Congress has over the judicial branch?

Creation—power to create the Supreme Court
Enforcement—power to enforce Supreme Court decisions
Legislation—modify the impact of Supreme Court decisions
Nomination—power to appoint Supreme Court justices

"Yes, judges are independent, and the Founders thought that this independence would protect their ability to uphold the law, even when doing so is unpopular. On the other hand, this independence can look like unaccountability and it can create what the great legal scholar Alexander Bickel called the 'countermajoritarian difficulty.' Throughout our history, many of the Supreme Court's most contested decisions have been in cases—think of cases involving, for example, gun regulations or abortion restrictions—where the Justices struck down duly enacted laws and, critics contend, acted against the will and legitimate choice of the majority."—Richard W. Garnett

This statement is an example of the constitutional debate around whether judicial independence

contradicts lifelong appointment
conflicts with accountability
supports judicial restraint
surrenders power to the states