PRACTICE QUESTION:

The City Police detained John Brown on suspicion of murder. Outraged by the cruelty of the murder some officers beat John Brown in his cell. During the beatings John Brown confessed to the murder. Learning that the confession was obtained by beating John Brown, a Judge threw the confession out and ordered that John Brown be released. The day after he was released a witness called the police to report that John Brown was on the street bragging about committing the murder and getting away with it. What can the District Attorney do at this point.

a.Order the police to watch John Brown, he is bound to do something else wrong in the future.

b.Call a press conference and discuss how bad policemen make it hard to put criminals away.

c.Nothing. Because of the police misconduct the District Attorney cannot prosecute John Brown.

d.Charge John Brown with some other crime such as carrying a gun.

e.Prosecute John Brown for the murder if he has enough evidence without using the forced confession.

Marbury v. Madison (1803) established the principle that the court have the power to determine if an Act of Congress is Constitutional. Since the Marbury v. Madison decision, the power of judicial review has remained unchallenged. It is agreed that the Government has no power other than that power specifically given to it by the Constitution or by Statute. What is the source of the power of the Court to exercise judicial review?

a.The power was created by Statute in 1803.

b.The Second Amendment to the Constitution created the power of Judicial Review.

c.The Fifth Amendment t the Constitution created the power of Judicial Review.

d.Marbury v. Madison was a one time fluke. A majority of the Supreme Court, only five Justices can not overrule the full Congress and the President.

e.The power is not mentioned in the Constitution and was first stated in Marbury v. Madison.