On a five to three vote,the Supreme Court knocked out much of Arizona’s immigration law Monday-a modest policy victory for the Obama Administration.But on the more important matter of the Constitutio

题目
On a five to three vote,the Supreme Court knocked out much of Arizona’s immigration law Monday-a modest policy victory for the Obama Administration.But on the more important matter of the Constitution,the decision was an 8-0 defeat for the Administration’s effort to upset the balance of power between the federal government and the states.In Arizona v.United States,the majority overturned three of the four contested provisions of Arizona’s controversial plan to have state and local police enforce federal immigration law.The Constitutional principles that Washington alone has the power to“establish a uniform Rule of Naturalization”and that federal laws precede state laws are noncontroversial.Arizona had attempted to fashion state policies that ran parallel to the existing federal ones.Justice Anthony Kennedy,joined by Chief Justice John Roberts and the Court’s liberals,ruled that the state flew too close to the federal sun.On the overturned provisions the majority held the congress had deliberately“occupied the field”and Arizona had thus intruded on the federal’s privileged powers.However,the Justices said that Arizona police would be allowed to verify the legal status of people who come in contact with law enforcement.That’s because Congress has always envisioned joint federal-state immigration enforcement and explicitly encourages state officers to share information and cooperate with federal colleagues.Two of the three objecting Justice-Samuel Alito and Clarence Thomas-agreed with this Constitutional logic but disagreed about which Arizona rules conflicted with the federal statute.The only major objection came from Justice Antonin Scalia,who offered an even more robust defense of state privileges going back to the alien and Sedition Acts.The 8-0 objection to President Obama turns on what Justice Samuel Alito describes in his objection as“a shocking assertion assertion of federal executive power”.The White House argued that Arizona’s laws conflicted with its enforcement priorities,even if state laws complied with federal statutes to the letter.In effect,the White House claimed that it could invalidate any otherwise legitimate state law that it disagrees with.Some powers do belong exclusively to the federal government,and control of citizenship and the borders is among them.But if Congress wanted to prevent states from using their own resources to check immigration status,it could.It never did so.The administration was in essence asserting that because it didn’t want to carry out Congress’s immigration wishes,no state should be allowed to do so either.Every Justice rightly rejected this remarkable claim
The White House claims that its power of enforcement

A.outweighs that held by the states.
B.is dependent on the states’support.
C.is established by federal statutes.
D.rarely goes against state laws.
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相似问题和答案

第1题:

( ) –I think English is __________ math.

–Yes, I think so.

A.much important than

B.so important as

C.as important as

D.as more important as


正确答案:C

第2题:

The ethical judgments of the Supreme Court justices have become an important issue recently.The court cannot_1_its legitimacy as guardian of the rule of law_2_justices behave like politicians.Yet,in several instances,justices acted in ways that_3_the court’s reputation for being independent and impartial.Justice Antonin Scalia,for example,appeared at political events.That kind of activity makes it less likely that the court’s decisions will be_4_as impartial judgments.Part of the problem is that the justices are not_5_by an ethics code.At the very least,the court should make itself_6_to the code of conduct that_7_to the rest of the federal judiciary.This and other similar cases_8_the question of whether there is still a_9_between the court and politics.The framers of the Constitution envisioned law_10_having authority apart from politics.They gave justices permanent positions_11_they would be free to_12_those in power and have no need to_13_political support.Our legal system was designed to set law apart from politics precisely because they are so closely_14_.Constitutional law is political because it results from choices rooted in fundamental social_15_like liberty and property.When the court deals with social policy decisions,the law it_16_is inescapably political-which is why decisions split along ideological lines are so easily_17_as unjust.The justices must_18_doubts about the court’s legitimacy by making themselves_19_to the code of conduct.That would make rulings more likely to be seen as separate from politics and,_20_,convincing as law.

A.dismissed
B.released
C.ranked
D.distorted

答案:A
解析:
本句句意是:这也就是为什么不同意识形态的裁决容易被认为是不公正的而_____。be dismissed as…含义是“被认为……而不予考虑,”放入具体的语境中的意思是“被认为是不公正的而不予考虑”。符合上下文的表达,选项[A]为正确答案。

第3题:

That’s ________ important matter.

A.an

B.a

C.the

D./


答案:A

第4题:

On a five to three vote,the Supreme Court knocked out much of Arizona’s immigration law Monday-a modest policy victory for the Obama Administration.But on the more important matter of the Constitution,the decision was an 8-0 defeat for the Administration’s effort to upset the balance of power between the federal government and the states.In Arizona v.United States,the majority overturned three of the four contested provisions of Arizona’s controversial plan to have state and local police enforce federal immigration law.The Constitutional principles that Washington alone has the power to“establish a uniform Rule of Naturalization”and that federal laws precede state laws are noncontroversial.Arizona had attempted to fashion state policies that ran parallel to the existing federal ones.Justice Anthony Kennedy,joined by Chief Justice John Roberts and the Court’s liberals,ruled that the state flew too close to the federal sun.On the overturned provisions the majority held the congress had deliberately“occupied the field”and Arizona had thus intruded on the federal’s privileged powers.However,the Justices said that Arizona police would be allowed to verify the legal status of people who come in contact with law enforcement.That’s because Congress has always envisioned joint federal-state immigration enforcement and explicitly encourages state officers to share information and cooperate with federal colleagues.Two of the three objecting Justice-Samuel Alito and Clarence Thomas-agreed with this Constitutional logic but disagreed about which Arizona rules conflicted with the federal statute.The only major objection came from Justice Antonin Scalia,who offered an even more robust defense of state privileges going back to the alien and Sedition Acts.The 8-0 objection to President Obama turns on what Justice Samuel Alito describes in his objection as“a shocking assertion assertion of federal executive power”.The White House argued that Arizona’s laws conflicted with its enforcement priorities,even if state laws complied with federal statutes to the letter.In effect,the White House claimed that it could invalidate any otherwise legitimate state law that it disagrees with.Some powers do belong exclusively to the federal government,and control of citizenship and the borders is among them.But if Congress wanted to prevent states from using their own resources to check immigration status,it could.It never did so.The administration was in essence asserting that because it didn’t want to carry out Congress’s immigration wishes,no state should be allowed to do so either.Every Justice rightly rejected this remarkable claim.
Three provisions of Arizona’s plan were overturned because they

A.deprived the federal police of Constitutional powers.
B.disturbed the power balance between different states.
C.overstepped the authority of federal immigration law.
D.contradicted both the federal and state policies.

答案:C
解析:
事实细节本题我们利用正确选项对原文同义替换这一原则得出答案。根据Arizona’s定位到句子principles that federal laws precede state laws are noncontroversial are noncontroversial.说明联邦法律高于州的法律是无可争辩的。答案选项they“overstepped the authority of federal immigration law.”他们(亚利桑那州的法案)逾越了联邦法案。就是对文中这句话

第5题:

On a five to three vote,the Supreme Court knocked out much of Arizona’s immigration law Monday-a modest policy victory for the Obama Administration.But on the more important matter of the Constitution,the decision was an 8-0 defeat for the Administration’s effort to upset the balance of power between the federal government and the states.In Arizona v.United States,the majority overturned three of the four contested provisions of Arizona’s controversial plan to have state and local police enforce federal immigration law.The Constitutional principles that Washington alone has the power to“establish a uniform Rule of Naturalization”and that federal laws precede state laws are noncontroversial.Arizona had attempted to fashion state policies that ran parallel to the existing federal ones.Justice Anthony Kennedy,joined by Chief Justice John Roberts and the Court’s liberals,ruled that the state flew too close to the federal sun.On the overturned provisions the majority held the congress had deliberately“occupied the field”and Arizona had thus intruded on the federal’s privileged powers.However,the Justices said that Arizona police would be allowed to verify the legal status of people who come in contact with law enforcement.That’s because Congress has always envisioned joint federal-state immigration enforcement and explicitly encourages state officers to share information and cooperate with federal colleagues.Two of the three objecting Justice-Samuel Alito and Clarence Thomas-agreed with this Constitutional logic but disagreed about which Arizona rules conflicted with the federal statute.The only major objection came from Justice Antonin Scalia,who offered an even more robust defense of state privileges going back to the alien and Sedition Acts.The 8-0 objection to President Obama turns on what Justice Samuel Alito describes in his objection as“a shocking assertion assertion of federal executive power”.The White House argued that Arizona’s laws conflicted with its enforcement priorities,even if state laws complied with federal statutes to the letter.In effect,the White House claimed that it could invalidate any otherwise legitimate state law that it disagrees with.Some powers do belong exclusively to the federal government,and control of citizenship and the borders is among them.But if Congress wanted to prevent states from using their own resources to check immigration status,it could.It never did so.The administration was in essence asserting that because it didn’t want to carry out Congress’s immigration wishes,no state should be allowed to do so either.Every Justice rightly rejected this remarkable claim.
On which of the following did the Justices agree,according to Paragraph4?

A.Federal officers’duty to withhold immigrants’information.
B.States’independence from federal immigration law.
C.States’legitimate role in immigration enforcement.
D.Congress’s intervention in immigration enforcement.

答案:C
解析:
推理判断该题定位至第四段。第四段主要说了,州警察依然可以核实移民的法律地位。国会设想joint federal-state immigration enforcement联合实施移民法案。同时,国会“encourages state officers to share information and cooperate with federal colleagues.鼓励州警察与联邦同事分享信息以及相互合作”。

第6题:

Over the past decade, thousands of patents have been granted for what are called business methods. Amazon.com received one for its "one-click"online payment system. Merrill Lynch got legal protection for an asset allocation strategy. One inventor patented a technique for lifting a box.
Now the nation's top patent court appears completely ready to scale back on business-method patents, which have been controversial ever since they were first authorized 10 years ago. In a move that has intellectual-property lawyers abuzz, the U.S. Court of Appeals for the Federal Circuit said it would use a particular case to conduct a broad review of business-method patents. In re Bil-ski, as the case is known, is "a very big deal," says Dennis D.Crouch of the University of Mis-souri School of law. It "has the potential to eliminate an entire class of patents."
Curbs on business-method claims would be a dramatic about-face, because it was the Federal Circuit itself that introduced such patents with its 1998 decision in the so-called State Street Bank case, approving a patent on a way of pooling mutual-fund assets. That ruling produced an explosion in business-method patent filings, initially by emerging internet companies trying to stake out exclusive rights to specific types of online transactions. Later, more established companies raced to add such patents to their files, if only as a defensive move against rivals that might beat them to the punch. In 2005, IBM noted in a court filing that it had been issued more than 300 business-method patents, despite the fact that it questioned the legal basis for granting them. Similarly, some Wall Street investment films armed themselves with patents for financial products, even as they took positions in court cases opposing the practice.
The Bilski ease involves a claimed patent on a method for hedging risk in the energy market. The Federal Circuit issued an unusual order stating that the case would be heard by all 12 of the court's judges, rather than a typical panel of three, and that one issue it wants to evaluate is whether it should "reconsider" its State Street Bank ruling.
The Federal Circuit's action comes in the wake of a series of recent decisions by the supreme Court that has narrowed the scope of protections for patent holders. Last April, for example, the justices signaled that too many patents were being upheld for "inventions" that are obvious. The judges on the Federal Circuit are "reacting to the anti-patent trend at the Supreme Court," says Harold C. Wegner, a patent attorney and professor at George Washington University Law School.
Which of the following is true of the Bilski case?

A.Its ruling complies with the court decisions.
B.It involves a very big business transaction.
C.It has been dismissed by the Federal Circuit.
D.It may change the legal practices in the U.S.

答案:D
解析:
细节题。根据关键词Bilski case并结合出题顺序定位至第二段。第二段最后提到“It has the potential to eliminate an entire class of patents”,D项是对此句的同义改写,may对应“has the potential”,change对应“eliminate”。因此,D项“它可能会改变美国已有的法律惯例”为正确答案。A项“对它的裁决符合法庭决议”.C项“它已经被联邦巡回法庭驳回”反向干扰,文中已暗示比尔斯基寨的判决可能成为商业方法专利案件的转折点,因此它不会被驳回,而且它的判决与以往案例不同。B项“它涉及一项非常大的商业交易”,第二段倒数第三句提到“Bilski case”是“a very big deal”,意思是“非常重要的事”,而非“大的交易”,因此B项错误。

第7题:

On a five to three vote,the Supreme Court knocked out much of Arizona’s immigration law Monday-a modest policy victory for the Obama Administration.But on the more important matter of the Constitution,the decision was an 8-0 defeat for the Administration’s effort to upset the balance of power between the federal government and the states.In Arizona v.United States,the majority overturned three of the four contested provisions of Arizona’s controversial plan to have state and local police enforce federal immigration law.The Constitutional principles that Washington alone has the power to“establish a uniform Rule of Naturalization”and that federal laws precede state laws are noncontroversial.Arizona had attempted to fashion state policies that ran parallel to the existing federal ones.Justice Anthony Kennedy,joined by Chief Justice John Roberts and the Court’s liberals,ruled that the state flew too close to the federal sun.On the overturned provisions the majority held the congress had deliberately“occupied the field”and Arizona had thus intruded on the federal’s privileged powers.However,the Justices said that Arizona police would be allowed to verify the legal status of people who come in contact with law enforcement.That’s because Congress has always envisioned joint federal-state immigration enforcement and explicitly encourages state officers to share information and cooperate with federal colleagues.Two of the three objecting Justice-Samuel Alito and Clarence Thomas-agreed with this Constitutional logic but disagreed about which Arizona rules conflicted with the federal statute.The only major objection came from Justice Antonin Scalia,who offered an even more robust defense of state privileges going back to the alien and Sedition Acts.The 8-0 objection to President Obama turns on what Justice Samuel Alito describes in his objection as“a shocking assertion assertion of federal executive power”.The White House argued that Arizona’s laws conflicted with its enforcement priorities,even if state laws complied with federal statutes to the letter.In effect,the White House claimed that it could invalidate any otherwise legitimate state law that it disagrees with.Some powers do belong exclusively to the federal government,and control of citizenship and the borders is among them.But if Congress wanted to prevent states from using their own resources to check immigration status,it could.It never did so.The administration was in essence asserting that because it didn’t want to carry out Congress’s immigration wishes,no state should be allowed to do so either.Every Justice rightly rejected this remarkable claim.
It can be inferred from Paragraph 5 that the Alien and Sedition Acts

A.violated the Constitution.
B.undermined the states’interests.
C.supported the federal statute.
D.stood in favor of the states.

答案:D
解析:
推理题根据第五段最后一句来推断。通过going back,我们就可以得知,唯一的最主要的反对来自法官Antonino Scalia,这个法官“defense”是支持州的权利的。以为state privileges“going back to”可追溯到Alien and Sedition Acts,going是现在分词,表示主动追溯到法案,所以这个法案是支持州特权的。证明这个法案是支持州的权利的。[A]violated[B]undermined[C]supported在文章中并未

第8题:

根据下列材料,请回答 1~20 题:

The ethical judgments of the Supreme Court justices became an important issue recently. The court cannot_____ its legitimacy as guardian of the rule of law______ justices behave like politicians. Yet, in several instances, justices acted in ways that_____ the court’s reputation for being independent and impartial.

Justices Antonin Scalia and Samuel Alito Jr., for example, appeared at political events. That kind of activity makes it less likely that the court’s decisions will be____ as impartial judgments. Part of the problem is that the justices are not _____ by an ethics code. At the very least, the court should make itself_______ to the code of conduct that ______to the rest of the federal judiciary.

This and other cases ______the question of whether there is still a _____ between the court and politics.

The framers of the Constitution envisioned law____ having authority apart from politics. They gave justices permanent positions ____ they would be free to ____those in power and have no need to_____ political support. Our legal system was designed to set law apart from politics precisely because they are so closely _____.

Constitutional law is political because it results from choices rooted in fundamental social ______like liberty and property. When the court deals with social policy decisions, the law it _____is inescapably political — which is why decisions split along ideological lines are so easily _____ as unjust.

The justices must _____doubts about the court’s legitimacy by making themselves _____to the code of conduct. That would make their rulings more likely to be seen as separate from politics and, _____, convincing as law.

第 1 题 请在(1)处填上最佳答案。

A emphasize

B maintain

C modify

D recognize


正确答案:B

第9题:

On a five to three vote,the Supreme Court knocked out much of Arizona’s immigration law Monday-a modest policy victory for the Obama Administration.But on the more important matter of the Constitution,the decision was an 8-0 defeat for the Administration’s effort to upset the balance of power between the federal government and the states.In Arizona v.United States,the majority overturned three of the four contested provisions of Arizona’s controversial plan to have state and local police enforce federal immigration law.The Constitutional principles that Washington alone has the power to“establish a uniform Rule of Naturalization”and that federal laws precede state laws are noncontroversial.Arizona had attempted to fashion state policies that ran parallel to the existing federal ones.Justice Anthony Kennedy,joined by Chief Justice John Roberts and the Court’s liberals,ruled that the state flew too close to the federal sun.On the overturned provisions the majority held the congress had deliberately“occupied the field”and Arizona had thus intruded on the federal’s privileged powers.However,the Justices said that Arizona police would be allowed to verify the legal status of people who come in contact with law enforcement.That’s because Congress has always envisioned joint federal-state immigration enforcement and explicitly encourages state officers to share information and cooperate with federal colleagues.Two of the three objecting Justice-Samuel Alito and Clarence Thomas-agreed with this Constitutional logic but disagreed about which Arizona rules conflicted with the federal statute.The only major objection came from Justice Antonin Scalia,who offered an even more robust defense of state privileges going back to the alien and Sedition Acts.The 8-0 objection to President Obama turns on what Justice Samuel Alito describes in his objection as“a shocking assertion assertion of federal executive power”.The White House argued that Arizona’s laws conflicted with its enforcement priorities,even if state laws complied with federal statutes to the letter.In effect,the White House claimed that it could invalidate any otherwise legitimate state law that it disagrees with.Some powers do belong exclusively to the federal government,and control of citizenship and the borders is among them.But if Congress wanted to prevent states from using their own resources to check immigration status,it could.It never did so.The administration was in essence asserting that because it didn’t want to carry out Congress’s immigration wishes,no state should be allowed to do so either.Every Justice rightly rejected this remarkable claim.
What can be learned from the last paragraph?

A.Immigration issues are usually decided by Congress.
B.Justices intended to check the power of the Administrstion.
C.Justices wanted to strengthen its coordination with Congress.
D.The Administration is dominant over immigration issues.

答案:B
解析:
推理题本段主要讨论了法官开始拒绝执行那些政府过分的要求,所以法官代表的司法部门就可能对政府的行政机构有所质疑。本题紧扣全文中心及本文最后一段末句可得出答案。[B]为正确答案。根据文章中Congress wanted to prevent states from using their own resources to check immigration status.国会想阻止州政府利用私权检查移民者的身份。[A]选项“由国会来决定”,不是最后一段讨论的中心。所以是错误的。[C]选项coo

第10题:

Just how much does the Constitution protect your digital data?The Supreme Court will now consider whether police can search the contents of a mobile phone without a warrant if the phone is on or around a person during an arrest.California has asked the justices to refrain from a sweeping ruling particularly one that upsets the old assumption that authorities may search through the possessions of suspects at the time of their arrest.It is hard,the state argues,for judges to assess the implications of new and rapidly changing technologies.The court would be recklessly modest if it followed California’s advice.Enough of the implications are discernable,even obvious,so that the justices can and should provide updated guidelines to police,lawyers and defendants.They should start by discarding California’s lame argument that exploring the contents of a smart phone—a vast storehouse of digital information—is similar to,say,rifling through a suspect’s purse.The court has ruled that police don’t violate the Fourth Amendment when they sift through the wallet or pocketbook of an arrestee without a warrant.But exploring one’s smart phone is more like entering his or her home.A smart phone may contain an arrestee’s reading history,financial history,medical history and comprehensive records of recent correspondence.The development of“cloud computing,”meanwhile,has made that exploration so much the easier.Americans should take steps to protect their digital privacy.But keeping sensitive information on these devices is increasingly a requirement of normal life.Citizens still have a right to expect private documents to remain private and protected by the Constitution’s prohibition on unreasonable searches.As so often is the case,stating that principle doesn’t ease the challenge of line-drawing.In many cases,it would not be overly onerous for authorities to obtain a warrant to search through phone contents.They could still invalidate Fourth Amendment protections when facing severe,urgent circumstances,and they could take reasonable measures to ensure that phone data are not erased or altered while a warrant is pending.The court,though,may want to allow room for police to cite situations where they are entitled to more freedom.But the justices should not swallow California’s argument whole.New,disruptive technology sometimes demands novel applications of the Constitution’s protections.Orin Kerr,a law professor,compares the explosion and accessibility of digital information in the 21st century with the establishment of automobile use as a virtual necessity of life in the 20th:The justices had to specify novel rules for the new personal domain of the passenger car then;they must sort out how the Fourth Amendment applies to digital information now.
The Supreme Court will work out whether,during an arrest,it is legitimate to

A.prevent suspects from deleting their phone contents.
B.search for suspects’mobile phones without a warrant.
C.check suspects’phone contents without being authorized.
D.prohibit suspects from using their mobile phones.

答案:C
解析:
事实细节根据题干关键词The Supreme Court回文定位到第一段的第二句话,“The Supreme Court will now consider whether police can search for the contents of a mobile phone without a warrant if the phone is on or around a person during an arrest”,一一比对选项,原文中的“police can search for th

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