"The constitutional prohibition against laws respecting an establishment of religion must at least mean that, in this country, i
t is no part of the business of government to compose official prayers for any group of the American people to recite as part of a religious program carried on by government." - Justice Hugo Black, from the decision in Engel v. Vitale (1962)
17.
To which clause in the Bill of Rights does this quotation most specifically relate?
A. The Establishment Clause
B. The Free Exercise Clause
C. The Cruel and Unusual Punishment Clause
D. The Self-Incrimination Clause
18.
Why did the Framers decide that federal judges should be appointed for life rather than elected every few years?
A. Appointed judges are not swayed by public opinion.
B. Appointed judges follow the president’s goals for the country.
C. Appointed judges understand the Constitution better than elected judges.
D. Appointed judges take their jobs more seriously than elected judges.
19.
Which statement gives an example of how the types of jurisdiction are structured within the judicial branch of government?
A. Federal and state courts never hear the same case.
B. Federal courts have exclusive jurisdiction in all federal matters.
C. A court in which a case is first heard is said to have appellate jurisdiction.
D. A court that hears a case on appeal from a lower court has original jurisdiction over that case.
20.
What criteria might a judge who abides by a philosophy of judicial restraint use to decide a case?
A. The judge would consider previous court decisions on the topic but ultimately consider the current circumstances and changes in society.
B. The judge would not consider previous rulings but rely mainly on modern-day circumstances and beliefs.
C. The judge would defer to the actions of the executive and legislative branches in deciding the case.
D. The judge would consider both the intent of the Framers who wrote the part of the Constitution in question and previous court decisions on the topic.
A. Appointed judges are not swayed by public opinion.
B. Federal courts have exclusive jurisdiction in all federal matters.
D. The judge would consider both the intent of the Framers who wrote the part of the Constitution in question and previous court decisions on the topic.
Explanation:
The Establishment Clause is a limitation that prevent Congress from passing legislation forcing an establishment of religion, thus making it illegal for the government to promote a religion.
The idea behind appointing judges for life was the fact that this would allow judges to not be swayed by public opinion. It would allow them to think beyond the politics of the day and focus instead on the values of the country that last through time.
One of the ways in which the types of jurisdiction are structured within the judicial branch of government is by allowing federal courts to have exclusive jurisdiction over all federal matters.
Judges who suscribe to the idea of judicial restraint believe that the power of the judicial branch should be limited. Therefore, they try to interfere in law as little as possible, and only in cases where the law is obviously unconstitutional.
