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Politics paper 3 > 4 Supreme Court and Civil Rights > Flashcards

4 Supreme Court and Civil Rights Flashcards

1
Q

In what Article is the SC outlined?

A

Article III – ‘The judicial power of the Unites States, shall be vested in one Supreme Court’

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2
Q

What is the main implied power of the SC?

A

Judicial review

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3
Q

What is judicial review?

A

The ability of the Court to declare a Legislative or Executive act in violation of the Constitution

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4
Q

In what SC case was judicial review established?

A

In Marbury v Madison

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5
Q

How is independence of Supreme Court achieved x4?

A
  1. Life Tenure – no threat of removal so justices can act freely
  2. Salary – no threat of a pay decrease
  3. Appointment process – President nominates but requires Senate confirmation
  4. Separation of powers – likely to be little pressure from executive or Congress
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6
Q

How many cases does the SC receive per year?

A

7000-8000

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7
Q

What 3 ways does the SC impact public policy?

A

Removes existing policy
Upholds existing policy
Establishes new policy

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8
Q

Give an example of a court ruling that removes existing policy:

A

Citizens United v FEC 2010
Case overturning regulating money in elections, declaring parts of the Bipartisan campaign Reform Act were unconstitutional

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9
Q

Give an example of a court ruling that upholds existing policy:

A

NFIB v Sibelius 2012

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10
Q

Give an example of a court ruling that establishes new policy:

A

Obergefell v Hodges 2015

Created a constitutional agreement of gay marriage under the 14th amendment

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11
Q

What are the two ways of ruling on cases?

A

Judicial activism and judicial restraint

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12
Q

Describe judicial activism:

A

An approach to judicial decision-making that holds that a justice should use their position to promote desirable social ends by overturning political institutions or court precedent

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13
Q

What are the criticisms of judicial activism

A

People argue it gives excessive power to an unelected body over elected politicians

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14
Q

Who is critical of judicial activism + why?

A

Conservatives have been critical of judicial activism as it has ‘found’ new rights eg abortion and gay rights

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15
Q

Which court is associated with judicial activism?

A

The Warren Court 1953-1969 which gave consistent rulings to promote civil rights eg brown v Board of Education 1954

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16
Q

Describe judicial restraint:

A

An approach to judicial decision-making that holds that a justice should defer to the executive and legislative branches, which are politically accountable to the people, and should put great stress on the principle established in previous court decisions

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17
Q

What are the criticisms of judicial restraint?

A

It could fail to protect individual liberties and give all the power to politicians who were not trusted on this specifically by the constitution

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18
Q

What amendment is freedom of speech and freedom of religion?

A

1st amendment

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19
Q

What amendment is the right to bear arms?

A

2nd amendment

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20
Q

What amendment are the reserved rights of the states?

A

10th amendment

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21
Q

What are civil rights?

A

The right to be free from discrimination on the grounds of race and the ability to play a part in civil and political life

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22
Q

What amendments protect civil rights?

A

13th, 14th and 15th

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23
Q

What does the 14th amendment state?

A

‘Equal protection of the laws’ ie laws should be applied to everyone equally

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24
Q

What were the two key passages of legislation that aided civil rights + what president?

A

The Civil Rights Act and the Voting Rights Act – passed by Johnson

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25
Q

What did the Civil Rights Act 1964 do?

A

Outlawed discrimination in employment and public accommodation

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26
Q

What did the Voting Rights Act 1965 do?

A

Banned the use of restrictions on the right to vote, such as literacy tests

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27
Q

Name 4 pressure groups that protect civil rights:

A

NAACP
Black Lives Matter
Black Nationalism
National Council of La Raza

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28
Q

Describe the NAACP:

A

‘National Association for the Advancement of Coloured People
Half a million members
Won the legal landmark case Brown v Board of Education

29
Q

What did Brown v Board of Education rule?

A

Ruled that “separate but equal” facilities were unacceptable, and that school segregation was in violation of the 14th amendment which undid the 1896 Plessy v Ferguson ruling

30
Q

Describe the National Council of La Raza:

A

Hispanic civil rights group

Campaigns on immigration reform, health, employment etc

31
Q

Describe Black Nationalism:

A

Radical movement aiming to develop economic power and ethnic pride amongst black Americans
Urges separatism from white communities
In 1995 organised the Million Man March
Rev Al Sharpton is a high profile black nationalist

32
Q

Describe BLM:

A

Started in 2013
‘Hashtag movement’
Started by protesting police killings but now more widespread into racism in general

33
Q

In what ways have campaigns for racial rights and equality taken placed x4?

A
  1. Grassroots movements – NAACP has organised marches to protest voter ID laws
  2. Courts – litigating themselves eg Brown v Board or submitting amicus briefs
  3. Campaigns to encourage voting and registration – nativevote.org
  4. Media campaigns eg BLM
34
Q

How can we measure the successes of these campaigns?

A
  • Voting rights
  • Representation
  • Affirmative action
  • Immigration
35
Q

What have been the successes with voting rights?

A
  • 1965 Voting Rights Act eliminated processes that could racially discriminate
  • Increase in minority votes
36
Q

What have been the failures of voting rights?

A
  • Black and Hispanic voter turnout is below average

- Shelby v Holder SC ruling introduced voter ID laws disproportionately impacting minorities

37
Q

What recent SC ruling allows voting ID in certain states?

A

Shelby v County Holder
5-4 ruling that states no longer necessary for 9 states (in deep south) to seek federal approval before changing election laws

38
Q

What is the issue with voter IDs?

A

Disproportionately affect minority, low-income voters

1 in 4 African Americans don’t have documentation required for photo ID

39
Q

What have been the successes with representation?

A
  • 117th Congress has highest level of minority representation ever with 23% of Congress being non-white
  • In the House 13% are black – representative of America
  • Supreme Court is more diverse
40
Q

What have been the failures of representation?

A
  • Minority groups in Congress remain underrepresented (60% USA is white but 77% in Congress)
  • Trump’s cabinet least diverse since George Bush Snr
41
Q

What is affirmative action?

A

Measures taken by the government to discriminate positively in favour of African Americans in areas such as education and employment

42
Q

Recent ruling trying to end AA?

A

Fisher v Texas 2013
White students claimed AA went against 14th amendment but SC upheld AA and said it was an effective way to ensure a diverse student body

43
Q

Arguments in favour of AA:

A
  • Compensates for past injustices
  • Best way to achieve equality of end result
  • Its effective to create diverse student bodies at university
44
Q

Arguments against AA:

A
  • Outdated
  • Unfair and goes against core US values
  • Focuses on groups not individuals
  • Counter-productive
45
Q

What have been the successes of affirmative action?

A
  • Increased number of African American and Hispanic students attending and graduating from university – doubled since 1960s
  • SC rulings argued AA has been successful eg Bollinger cases
46
Q

What have been the failures of affirmative action?

A
  • Many states have banned it
  • Increased racial differences and tensions
  • Most people believe AA it has achieved all it can
  • Problems such as large wealth gap persist
47
Q

How many illegal immigrants are there in the USA?

A

11 million

48
Q

How many eligible Hispanic voters are there?

A

32 million = largest ethnic minority in US electorate

49
Q

What was Obama’s plan for comprehensive immigration reform?

A
  • Securing the US border
  • Stricter enforcement for employers hiring illegal immigrants
  • Procedures for legal immigrants
  • A path to citizenship
50
Q

What would the DREAM act have done if it passed?

A

Defeated by a GOP filibuster

Would have provided a 6 year ‘conditional status’ to illegal immigrants brought to US as children

51
Q

What did the DACA executive order do?

A

Temporarily removed the threat of deportation for over 1 million immigrants who arrived in the USA as children

52
Q

What did the DAPA executive order do?

A

Temporarily removed the threat of deportation for many more illegal immigrants

53
Q

What SC ruling blocked DAPA?

A

United States v Texas

54
Q

What was Trump’s plan for immigration?

A
  • To repeal DACA
  • To deport all 11 million illegal immigrants
  • To impose a Muslim Travel ban
  • To build the wall
55
Q

Why is immigration reform so controversial?

A
  1. The huge scale of illegal immigration – cant ignore
  2. So many attempts at immigration reform have failed – DREAM act
  3. Many SC rulings about it – United States v Texas
  4. Clashes between federal and state laws – Arizona’s SB170
  5. Divisions between and within political parties
56
Q

Why is immigration reform so difficult?

A

Such a partisan issue eg DREAM act criticised highly by GOP

57
Q

What have been the successes of immigration?

A
  • Growing Hispanic population has led to a greater focus on their interests around election time
  • Obama’s DACA and DAPA executive orders prevented threat of deportation for millions
  • Biden introduced US Citizenship Act into Congress
58
Q

What have been the failures of immigration?

A
  • Obama failed to get Dream Act through
  • Key aspects of DAPA suspended in 2016
  • Trumps wall
59
Q

Who oversees protecting the rights of ethnic minorities?

A
  1. Supreme Court
  2. Congress
  3. Executive
60
Q

How do the SC protect rights

A

Issue landmark rulings eg Brown v Board

61
Q

How do Congress protect rights?

A

Power to pass laws that protect civil liberties eg Civil Rights Act and Voting Rights Act

62
Q

How does the President protect rights?

A

Powers of persuasion eg LBJ

Use executive orders

63
Q

What is an imperial judiciary?

A

An all-powerful judiciary on whom effective checks and balances are ineffective

64
Q

What are the two approaches to judicial interpretation?

A
  1. Originalism

2. The Living Constitution

65
Q

What is originalism?

A

The idea that the meaning of the US Constitution is fixed and should not be subject to interpretation

66
Q

What is the Living Constitution?

A

The idea that the Constitution is an evolutionary document that can change over time through reinterpretation by the SC
Which justice is associated with originalism?
Justice Thomas eg

67
Q

What are the advantages of originalism?

A
  • Restricts extent to which justices force own personal values
  • Greater authority to Constitution
  • New principles should be done through politicians not unelected judges
68
Q

What are the advantages of the Living Constitution?

A
  • Stops the Constitution becoming outdated
  • Impossible to know exact views of Founding Fathers on modern society
  • Founding Fathers deliberately vague to allow judicial discretion

Politics paper 3 (7 decks)

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