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David L Hudson
The Handy Supreme Court Answer Book
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About the Author
Also from Visible Ink Press
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Contents
Introduction
Acknowledgments
CREATION OF THE COURT How was the U.S. Supreme Court created?
Does Article III call for a chief justice?
Where was the Constitution itself created?
What is the structure of the Constitution?
When did the framers consider a separate judicial branch?
Under the Constitution, who appoints Supreme Court justices?
Which framer first proposed how justices would obtain their positions?
Were the framers in agreement on the creation of lower federal courts?
JUDICIAL REVIEW AND JUDICIAL INDEPENDENCE Did the framers agree on the power of judicial review?
Does the Constitution explicitly give the power of judicial review to the judiciary?
What other provisions of the Constitution imply a power of judicial review on the part of the courts?
What was the leading framer James Madison’s opinion of judicial review?
What were some important precursors to Marbury v. Madison?
Who were the attorneys in Bayard v. Singleton?
What does Article III say about the tenure of federal judges?
Why did the Constitution give federal judges life tenure?
Can federal judges be impeached?
Have any federal judges been impeached?
What happened with the impeachment of Samuel Chase?
JUDICIARY ACT OF 1789 AND THE LOWER FEDERAL COURTS Why is the Judiciary Act of 1789 so important?
Who was the principal author of the Judiciary Act of 1789?
What type of federal court system did Congress create in the Judiciary Act of 1789?
Who were the original federal district court judges in these thirteen districts?
What three additional federal district courts were created within two years of the Judiciary Act of 1789?
What part of the Judiciary Act of 1789 gives the Supreme Court the power to review state laws?
What was circuit duty?
When did Congress create separate judges for the circuit courts?
Which federal judges lost their jobs because of the Judiciary Act of 1802?
What law created the U.S. Courts of Appeals that exists today?
Who was William Evarts?
How does the system created by the Founding Fathers compare with the current federal court system?
How many judges on the Court of Appeals hear individual cases?
JURISDICTION What is jurisdiction?
What types of jurisdiction does the U.S. Supreme Court have?
What is an example of the Court’s original jurisdiction?
APPOINTMENT, CONFIRMATION, AND QUALIFICATIONS How are federal judges appointed to the federal bench?
What is the confirmation process?
What qualifications must a federal judge possess?
What is the role of the American Bar Association in the Supreme Court nomination/confirmation process?
When and how did the Court come to be composed of nine justices?
What is the compensation of the Supreme Court justices and other federal judges?
THE BUILDING Where did the U.S. Supreme Court first meet?
In what other places did the U.S. Supreme Court meet?
When did the U.S. Supreme Court get its own building?
What is the nickname of the Supreme Court Building?
What famous case did John Frank argue before the Court?
Who was the architect of the new Supreme Court Building?
THE TERM When does the U.S. Supreme Court meet?
When did the Court first begin its terms on the first Monday of October?
When did the Court originally begin its new terms?
Does the Court ever meet outside of its traditional term time?
PROCESSES How is a case brought to the U.S. Supreme Court?
What determines if the U.S. Supreme Court will hear a case?
What is the importance of circuit splits?
What are circuit assignments?
What is the discuss list?
What is the rule of four?
Where do the justices decide whether to accept a case for review?
When the Court decides to hear a case, what happens next?
What is oral argument?
What types of attorneys argue cases before the U.S. Supreme Court?
When does the Court hear oral arguments?
After oral argument, when does the Court decide the case?
If the majority opinion becomes the law of the land, are concurring and dissenting opinions important?
Has the oral argument rule always provided for thirty minutes to each side?
What are amicus briefs?
PERSONNEL Who is the reporter of the Supreme Court?
Who is the Clerk of the Court?
Who are law clerks?
What Supreme Court justice started the practice of hiring a law clerk?
What functions do law clerks serve?
Who are some of the more famous law clerks?
What is the Supreme Court Fellows Program?
Who is the marshal of the U.S. Supreme Court?
What is the Office of Legal Counsel?
What was the original oath that federal judges had to take?
STATE COURTS What types of cases do state courts handle?
What is the structure of state court systems?
What determines whether a case is filed in federal or state court?
SUPREME COURT
FIRSTS AND BEGINNINGS Who were the first six justices on the U.S. Supreme Court?
Which Supreme Court justices attended the Constitutional Convention of 1787 in Philadelphia?
When did the Supreme Court initially meet?
Who was the first law school student to go on to become a U.S. Supreme Court justice?
Which justice hired the first female law clerk?
Which justice hired the first African American law clerk?
CAREERS AWAY FROM THE COURT How many Supreme Court justices were former state governors?
Which justices were former veterans?
Which U.S. Supreme Court justices served as federal appeals court judges on the U.S. Court of Appeals for the District of Columbia Circuit?
Which former justices were newspaper editors or reporters?
Which U.S. Supreme Court justices formerly served as U.S. attorney general?
Which U.S. Supreme Court justices formerly served as U.S. solicitor general?
What former justice was a practicing medical doctor?
Which chief justices were associate justices before their elevation to the top post?
Which U.S. Supreme Court justices were former Supreme Court clerks?
Which two U.S. Supreme Court justices never held a position of public office or official governmental position until their Supreme Court nominations?
Who is the only justice to have served both as a federal district court and a federal appeals court judge before his elevation to the U.S. Supreme Court?
FAMILY AFFAIRS Which justice had the most marriages?
Which Supreme Court justice had the most siblings?
Which Supreme Court justice married a sixteen-year-old?
Which two justices married cousins?
Which justice married a childhood friend?
Which justice was tutored by Horatio Alger?
Which justice later became a brother-in-law to the author of the “Star-Spangled Banner”?
Which justice was a descendant of John Cotton, the great sixteenth-century Puritan theologian and author?
Which justice married a sister of first lady Dolley Madison?
Which justice had a twin?
Which U.S. Supreme Court justices were lifelong bachelors?
Which justice had the most children?
Which justice left nearly his entire estate to charities?
BIRTH, DEATH, AND TENURE Which U.S. Supreme Court justices were not born in the United States?
In what four states have the most justices been born?
Which Supreme Court justices shared the same birthday?
Which two justices died on the same day?
Which justices lived to at least the age of 90?
Which justice did not live to see his fiftieth birthday?
How many justices have served at least thirty years on the Court?
Which U.S. Supreme Court justices served the shortest and longest terms on the bench respectively?
Who were the youngest justices upon nomination to the U.S. Supreme Court?
Who was the youngest chief justice?
Who was the oldest justice appointed to the Court?
HAIL TO THE CHIEF Which presidents appointed the most justices to the U.S. Supreme Court?
Which presidents made no Supreme Court appointments?
Which president served two full terms and made only one appointment to the U.S. Supreme Court?
Which U.S. Supreme Court justice was former president of the United States?
What future U.S. president was offered a position on the U.S. Supreme Court?
Have any presidents nominated justices of another political party to the U.S. Supreme Court?
Which justices, who were recess appointments, actually served on the Court before the Senate voted on their confirmations?
Which two Supreme Court chief justices presided over trials involving impeached presidents?
EDUCATION Which U.S. Supreme Court justice graduated from college at age 14?
Which justice was the first to graduate from a law school?
Which five U.S. Supreme Court justices served as law school deans?
Who is the only U.S. Supreme Court justice to teach law school while serving on the U.S. Supreme Court?
Which twentieth century U.S. Supreme Court justices never received a high school diploma?
Which justices who served entirely during the twentieth century never obtained a law degree?
Which justice left his high school after a fight?
Which future chief justices were expelled from college?
Which U.S. Supreme Court justices have law schools named after them?
SPORTS AND GAMES Which Supreme Court justice was once known as “Whizzer”?
Which justice participated in both football and wrestling in high school?
What type of court is found in the Supreme Court Building?
What justice did former NBA great Charles Barkley visit in 2004?
Which U.S. Supreme Court justice is an expert bridge player?
MISCELLANEOUS TRIVIA Who are the only Supreme Court justices to sign the Declaration of Independence?
Which justice tried to drown himself after the Senate failed to confirm his nomination for chief justice?
Which future Supreme Court justices met each other in a state court case?
Which justice killed a man in a duel?
Which former U.S. Supreme Court justice prosecuted alleged ax-murderer Lizzie Borden?
Which Supreme Court justices have been Catholic?
Which U.S. Supreme Court justices have been Jewish?
Who was the tallest U.S. Supreme Court justice?
Who was the shortest U.S. Supreme Court justice?
Which justice was disbarred twice?
Who is the only Supreme Court justice to play the role of a justice in a movie?
Which U.S. Supreme Court justice has made more than one singing appearance at the Washington Opera?
Which justice participated in a National Public Radio trivia quiz?
Who were the nation’s first three chief justices?
Which justices served on these first three courts?
What positions did Jay, Rutledge, and Ellsworth hold before serving as chief justice?
What position did President George Washington first offer to Jay?
Why did these chief justices leave the Court?
Who were the first six justices nominated for the U.S. Supreme Court?
How many of the first six justices had state court judicial experience?
Which justice had the most judicial experience?
What exactly was “riding circuit”?
What early court justice served on the court for only a little more than one year because of circuit riding?
What federal law is perhaps Ellsworth’s greatest achievement?
What other early Supreme Court justice participated in the writing of the Judiciary Act of 1789?
Which Supreme Court justices attended the Constitutional Convention of 1787 in Philadelphia to create the U.S. Constitution?
What famous documents did John Jay help write?
Which member of the early court served time in jail for his debts?
What early Supreme Court justice was related to President George Washington?
What was the initial salary of the Supreme Court justices?
When did the Supreme Court initially meet?
How many decisions did the U.S. Supreme Court make during its first three terms?
DECISIONS What famous decision in the 1790s led to a constitutional amendment?
Who argued the case for Alexander Chisholm?
In what case did the Supreme Court define ex post facto laws?
In what decision did the Court address direct and indirect taxes?
What did the Court say about the power of the Court to strike down unconstitutional federal law?
In what case did the Court rule that Virginia law had to take a backseat to a treaty?
In Ware v. Hylton and Hylton v. United States, is Hylton the same person?
What famous person represented Hylton before the U.S. Supreme Court?
In what case did the justices decline to review pension benefits of soldiers?
Why is Hayburn’s Case important?
In what case did the U.S. Supreme Court assert jurisdiction over admiralty disputes involving captured ships?
Why is the captured ship decision important?
How many and which justices served on the Marshall Court?
What is noteworthy about the tenure of several of the Marshall Court justices?
What government positions did Marshall have before serving as chief justice?
Why is Marshall considered the greatest of the chief justices?
Whom did John Marshall believe should be chief justice?
What significant proposal did William Paterson make at the Constitutional Convention of 1787?
What member of the Marshall Court faced impeachment proceedings?
Over what impeachment trial did Marshall preside?
Whose attacks in the press caused Marshall to write anonymous replies under the name “A Friend of the Constitution?”
Which justice was considered the greatest scholar on the Marshall Court?
Which justice is often referred to as the “first great dissenter?”
Which justice’s bizarre behavior negatively impacted the Marshall Court at times?
Which Marshall Court justice was related by marriage to John Jay?
DECISIONS In which case did Marshall proclaim that the Supreme Court has the power of judicial review?
What were the underlying facts of Marbury v. Madison?
What did the Court actually rule in Marbury v. Madison?
Whatever happened to William Marbury?
The Marshall Court upheld a federal bankruptcy law in what decision?
What are the historical coincidences associated with this case?
The Marshall Court struck down a state law for the first time in what decision?
What famous men represented Peck before the U.S. Supreme Court?
What famous man represented Fletcher in both arguments before the Court?
In what Contract Clause case did the U.S. Supreme Court rule in favor of a college?
What attorney argued the case for Dartmouth College?
The Supreme Court upheld the National Bank in what famous case?
What did Chief Justice Marshall say about the “Necessary and Proper” Clause of the Constitution?
How long were oral arguments in the McCullough case?
What famous lawyers argued the McCullough case?
In what two decisions involving the confiscation of Loyalist property did the Supreme Court establish its authority over state courts?
What exactly did the Virginia Supreme Court say about what it perceived to be the U.S. Supreme Court’s lack of jurisdiction?
How did Justice Story respond to this flagrant disregard to U.S. Supreme Court authority?
Why did Chief Justice Marshall not participate in Martin v. Hunter’s Lessee?
In what famous decision did Marshall broadly define Congress’s interstate commerce powers?
What was the impact of the Gibbons v. Ogden decision?
How personal was the conflict between Gibbons and Ogden?
What political positions did Ogden hold?
Besides both being involved in the steamboat business, what occupation did Gibbons and Odgen share?
What famous case involving the selling of lottery tickets established the power of federal courts to review state laws?
In what decision did the Marshall Court rule that the president has the ultimate authority to call out the militia and such orders cannot be reviewed by the judiciary?
In what decision did the Marshall Court rule that a state can release debtors from prison?
In what decision did the Marshall Court reject a federal common-law claim of seditious libel?
What Marshall Court decision did President Andrew Jackson openly defy?
What was the only major constitutional decision in which Chief Justice Marshall was on the dissenting side?
In what decision did the Marshall Court refuse to apply the Fifth Amendment protection of just compensation to the states?
Who was the attorney for the city of Baltimore?
How many and which justices served on the Taney Court?
What government positions did Chief Justice Taney hold before coming to the Court?
In what position did the Senate reject Taney?
What famous person was related to Taney?
Which justice on the Taney Court gave a copy of his dissenting opinion to a newspaper before official publication?
Which member of the Taney Court was a Quaker?
Which two former justices on the Taney Court returned to the Supreme Court several times to argue cases?
Which member of the Taney Court later joined the Confederate government?
Which justice on the Taney Court was disowned by his home state during the Civil War?
Which member of the Taney Court was a former high school teacher?
DECISIONS In what infamous decision did the Supreme Court regard blacks as mere slaves?
Who was Dred Scott?
hy did many believe that Dred Scott had a valid claim?
How did the U.S. Supreme Court reject the Declaration of Independence’s “All men are created equal” principle for Scott?
What about the Missouri Compromise of 1820, which provided that there could be no slavery in many states?
Which two justices dissented in the Scott case?
Which justice was so upset by the Scott case that he resigned?
The Taney Court upheld the Fugitive Slave Act of 1793 in what decision?
In what decision did the Court rule that Ohio did not have to release a suspected criminal to Kentucky?
In what celebrated decision did the Taney Court affirm the release of Africans enslaved by Spaniards?
What was the ruling in The Amistad case?
What attorneys argued on behalf of the Amistads before the U.S. Supreme Court?
Who was the only justice to dissent in The Amistad case?
In what decision did the Taney Court uphold the Fugitive Slave Act of 1793?
In what decision did the Taney Court strike down a provision in a state constitution?
In what case did the Taney Court have to decide between two bridge-builders?
What was the significance of the bridge-builders decision?
Who were the attorneys who argued the case?
What other Taney Court decision involved the height of a bridge?
What happened to the bridge?
In what decision did the Taney Court say that a corporation has diversity jurisdiction?
What were the License Cases?
In what case did the Taney Court rule it could not review a military court decision?
What happened to Vallandigham after his banishment to the South?
In what famous case did the Court narrowly uphold the president’s power to order a blockade?
What were the captured ships involved in The Prize Cases?
Why was this case known as The Prize Cases?
In what decision did the Taney Court address the meaning of “due process of law”?
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