Question 1

Explain why the court pathway might be preferable for small interest groups.

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Question 2

Identify and summarize the five legal strategies used by interest groups to increase their likelihood of success in judicial controversies.

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Question 3

Identify and explain two means by which southern members of Congress blocked civil rights initiatives until the mid-1960s.

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Question 4

Identify and explain three reasons why judicial policymaking is likely to remain a controversial part of the American political process.

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Question 5

Does the court make public policy? How? Be sure to provide specific examples in your answer.

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Question 6

The U.S. Courts of Appeals are divided into regional circuits throughout the country. How is this system reflective of the federal structure of the American government? What impact might this structure have on the decisions of the courts?

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Question 7

Discuss the differences between the adversarial and inquisitorial systems of court processes. What are the advantages and disadvantages of each system?

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Question 8

What role does the Supreme Court play in the American judicial system? Why are its decisions so important and, often, so controversial? Be sure to reference at least three cases to illustrate your argument.

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Question 9

Discuss the ways in which American courts create a specific image meant to convey their place and importance in American government to the public.

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Question 10

Although the Constitution specifies few powers for the federal judiciary, the courts have become a coequal branch of government. What facts make judges in the United States relatively powerful? Be sure to reference specific examples in your answer.

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Question 11

Why did Hamilton believe the judiciary would be the "least dangerous branch"? Was he right in his assessment? Why or why not?

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Question 12

Compare and contrast the four methods for selecting judges at the state level. What factors might explain why states choose different selection methods?

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Question 13

Discuss the difference between the original intent and flexible interpretation approaches to applying the Constitution to legal controversies. Do you believe that one of the approaches is more useful than the other? Explain.

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Question 14

Assess the strengths and weaknesses of the four major models of judicial decision making: legal, attitudinal, strategic voting, and new institutionalism.

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Question 15

What interest group strategy for success in judicial controversies do you regard as the most effective? Explain your reasoning.

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Question 16

In your opinion, has the importance of the judiciary as a pathway of political action increased or decreased over the course of the past thirty years? Provide specific evidence to support your answer.

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Question 17

Choose an example of the courts carrying out a policymaking function. In your opinion, to what extent does the court action you describe enhance or detract from the government's ability to reflect the will of the people?

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Quiz 9: The Judiciary