4. US Supreme Court Flashcards
What is a judicial review? (US) How did the Marbury v. Madison case (1803) - US Supreme Court
A judicial review is the process whereby the Supreme Court can strike down Executive actions, Acts of Congress or the state equivalents of these. Marbury v. Madison was the case which ‘discovered’ the power of judicial review when they declared that actions taken by President Adams to appoint judges before his replacement took office were unconstitutional.
What was the importance of the Fletcher v. Peck case to judicial review? - US Supreme Court
Fletcher v. Peck saw the first instance of the Supreme Court striking down a state law which it perceived to be unconstitutional, concerning laws over land which had been passed.
How is Brown v. Board (1954) an example of judicial activism? How is Roe v. Wade (1973) an example of judicial activism? - US Supreme Court
Brown v. Board outlawed the segregation of education in the US, beginning to dismantle the idea of Jim Crow Laws.
Roe v. Wade declared that the right to an abortion was a constitutionally protected right available to a woman.
How was Obergefell v Hodges (2015) an example of judicial activism? How was Bush v. Gore (2000) an example of judicial activism? - US Supreme Court
Obergefell v. Hodges legalised same-sex marriage in the US.
Bush v. Gore awarded the Presidency to Bush following a disputed election outcome in Florida.
How was Citizens United v. FEC (2010) an example of judicial activism? How was DC v. Heller (2008) an example of judicial activism? - US Supreme Court
Citizens United v. FEC ruled that limits on political expenditures in favour of campaigns that were independent of those campaigns was a violation of the First Amendment.
DC v. Heller ruled that the right to bear arms extended beyond militia membership and included self-defence.
What does judicial restraint mean? What is a stare decisis? - US Supreme Court
Judicial restraint is whereby the Court is more inclined to accept the decisions of elected individuals and not intervene in debates by accepting the status quo.
A stare decisis is a legal principle that, wherever possible, judges should allow a decision to stand.
How is Whole Woman’s Health v. Hellerstedt (2016) an example of judicial restraint? - US Supreme Court
Whole Woman’s Health v. Hellerstedt saw Roe v. Wade upheld through the principle of restraint when a Texas state law obstructing women from abortions was struck down.
How is Bucklew v. Precythe (2019) an example of judicial restraint? - US Supreme Court
Bucklew v. Precythe saw the Court protect the execution of prisoners despite it potentially being painful, placing the onus on the prisoner to prove that any punishment is cruel and unusual. Upheld the principle of the death penalty.
How did the Supreme Court adopt judicial restraint with regards to Obamacare through 2012’s Sebelius ruling? - US Supreme Court
2012’s Sebelius ruling upheld the federal government’s Affordable Care Act by accepting its funding plans as a form of tax. This upheld existing public policies and preserved the health agenda of Obama’s government.
How did the Supreme Court adopt a policy of judicial restraint with regards to Trump’s travel ban? - US Supreme Court
The Supreme Court upheld Trump’s 2017 travel ban, accepting the decision of the federal government to prevent travel to the US from certain majority Muslim countries as this was arguably justified.
How did the Supreme Court show judicial activism with regards to Obama’s existing immigration policy? - US Supreme Court
The Supreme Court overturned Obama’s DAPA Executive Order which would have postponed the deportation of undocumented immigrants. The Court argued that Obama had exceeded his powers in doing so.
How did the Supreme Court display judicial activism in establishing new policy through Carpenter v. United States? - US Supreme Court
Carpenter v. United States saw a landmark decision reached that any search of cell phone data in a prosecution requires a warrant and that the absence of this results in a breach of the 4th Amendment.
How does Planned Parenthood of Arkansas v. Jegley demonstrate Court inaction (and therefore restraint)? - US Supreme Court
Planned Parenthood of Arkansas v Jegley saw the Supreme Court decline to hear a case which challenged strict regulation of abortion under the Arkansas state legislature. The refusal to hear this case meant that abortion continued to be heavily obstructed in Arkansas, hence deferring to the state legislature.
How has the Supreme Court intervened to protect religious freedoms under the First Amendment in the case of Burwell v. Hobby Lobby Stores Inc? - US Supreme Court
Burwell v Hobby Lobby Stores Inc saw the Supreme Court apply the same rights of free religious expression to corporations as are available to people. This prevented Obamacare from enforcing contraception provision upon family owned enterprises due to the potential for religious conflicts.
How did Morse v. Frederick impact freedom of speech rights? - US Supreme Court
Morse v. Frederick saw freedom of speech rights arguably infringed upon as an 18 year old’s suspension from school for displaying a sign saying ‘BONG HITS 4 JESUS’ was not overturned under the 1st amendment. Placed limits on freedom of speech when they conflicted with the message of another body.
How did the Supreme Court defend the 2nd Amendment through DC v. Heller (2008)? - US Supreme Court
The Supreme Court ruled in DC v. Heller that the right to bear arms extended beyond militia membership and permitted the personal ownership of firearms by overturning a DC law which banned handgun ownership. Example of the SC as a quasi-legislative body.
How did the Supreme Court protect the 5th Amendment in Miranda v. Arizona? - US Supreme Court
Miranda v. Arizona saw the 5th amendment protected as it changed the application of this amendment so that the accused’s rights would be read to them when arrested.
What rights have been passed since the Bill of Rights in the form of amendments? - US Supreme Court
13th amendment protected people from slavery, 14th amendment provided US citizenship for all born or naturalised in the US, 15th amendment protects right to vote, 19th amendment provided full voting and political rights to women.
How did Roper v. Simmons (2005) see the Supreme Court protecting the rights under the 8th amendment? - US Supreme Court
Roper v. Simmons resulted in a ruling being made by the Court which determined that the death penalty could not be used on anyone below the age of 18 when offending. Did see the Court act as a quasi-legislative body in a sense.
How did McDonald v. City of Chicago arguably NOT protect the rights in the 2nd amendment? - US Supreme Court
McDonald v. City of Chicago allowed some state-based gun laws to remain operational, highlighting how some regulation of gun ownership is operational in the US.
How did Vernonia School District v. Acton arguably not protect the rights contained in the 4th amendment? - US Supreme Court
Vernonia School District v. Acton ruled that a random policy of drug testing school athletes was reasonable and not a breach of the 4th amendment’s restriction on unreasonable searches.
How did Shelby County v. Holder arguably uphold the 10th amendment? - US Supreme Court
Shelby County v. Holder ensured that the 10th amendment, which reserved all powers not directly delegated to the federal government for the states and people, overturned the use of the federal preclearance formula of the Voting Rights Act, arguing that this was a breach of the constitution due to discriminating against certain states.
What impact did Gratz v. Bollinger have on affirmative action? - US Supreme Court
Gratz v. Bollinger ruled that the University of Michigan’s affirmative action policy was unconstitutional due to the universal awarding of points for application to all minority applicants. Described as ‘mechanistic’.
What impact did Grutter v. Bollinger have on affirmative action schemes? - US Supreme Court
Grutter v. Bollinger resulted in the University of Michigan’s affirmative action schemes were constitutional as it made use of other metrics and values in its application process alongside affirmative action measures.
How did Regents of the University of California v. Bakke impact affirmative action measures? - US Supreme Court
Regents of the University of California v. Bakke saw it deemed that racial quotas in university admissions processes was unconstitutional, yet other measures to achieve positive discrimination were permitted in admissions processes.
How did Fisher v. Texas impact affirmative action measures? How did Fisher II impact affirmative action measures? - US Supreme Court
Fisher v. Texas ruled that the University of Texas must subject the use of race in its admissions process to further scrutiny given the potential for discrimination.
Fisher II upheld a Court of Appeal ruling which ensured that affirmative action measures were deemed constitutional.
What is the ‘25 year limit’ talked about by Sandra Day O’Connor? - US Supreme Court
Sandra Day O’Connor’s idea of the ‘25 year limit’ set out the point at which affirmative action measures would likely become ineffective and unnecessary having achieved the change that they intended to do by creating equality of outcome.
How did Congress protect voting rights through the 1965 Voting Rights Act? - US Supreme Court
The 1965 Voting Rights Act set up a variety of measures to enforce the 15th amendment and protect the voting rights of black Americans from oppressive state laws. This most notably included the federal preclearance formula, which meant that the federal government must approve laws on voting rights in states with a history of racial discrimination.
How did the Bush Government protect voting rights in 2006 through Congress? - US Supreme Court
The Bush Government reauthorised the provisions of the Voting Rights Act for a further 25 years in 2006 through Congress.
How did the 2021 For the People Act protect voting rights? - US Supreme Court
The 2021 For the People Act took measures to reduce the risk of gerrymandering by making the redrawing of congressional districts an independent task, hence preventing the concentration of minority voters or their dispersal across congressional districts.
How did Shelby County v. Holder undermine voting rights? - US Supreme Court
Shelby County v. Holder resulted in the federal preclearance formula of the Voting Rights Act being deemed unconstitutional due to it being based on historical provisions. This then allowed states to pass laws on voter registration and ID which would have disproportionate impacts on minority voters.
How many times higher is the rate of felony exclusion from voting for black voters compared to white voters? - US Supreme Court
The rate of black felony exclusions from voting is 4 times higher than the rate for white voters.
How many states introduced a photo ID requirement in the aftermath of the Shelby ruling? - US Supreme Court
9 states introduced a photo ID requirement in the run up to the 2016 election which targeted black voters much more proportionately following the Shelby ruling.
How many states had disenfranchised more than 10% of their black electorates through felony convictions? How many states had disenfranchised more than 20%? - US Supreme Court
11 states disenfranchised more than 10% of their black electorates, while 2 states had disenfranchised more than 20% of their electorates.
How has the Supreme Court intervened to diminish voting rights in 2020 in terms of felony convictions? - US Supreme Court
The Supreme Court has acted to allow Florida to disenfranchise those with felony convictions who had not paid court fines and fees.
By what factor has black Congressional representation increased between 1984 and 2021? - US Supreme Court
Between 1984 and 2021, black Congressional representation has tripled from 21 representatives to 63 representatives.
What % of representatives in the 117th Congress are from minority ethnic groups? How does this compare to the population as a whole? - US Supreme Court
26% of representatives in the 117th Congress were from minority ethnic groups. This compares to 39% of the population as a whole, meaning these groups are under-represented still.
What are majority-minority districts? How do they aid minority representation? - US Supreme Court
Majority-minority districts are congressional districts established with a majority of its population being from minority groups, meaning that these groups have a better chance of determining who candidates are in primaries and in electing representatives who may reflect their ethnic background.
How many candidates for major parties in 2016 were minority ethnic (out of the total number of candidates)? - US Supreme Court
In 2016, only 3 of 22 candidates for the presidency were minority ethnic, 1 of which was black.
What % of Biden’s cabinet is non-white? What % of Trump’s cabinet was non-white? - US Supreme Court
40% of Biden’s cabinet is non-white, whereas Trump’s cabinet was only 20% non-white.
What example is there of minority representation in the Biden cabinet? - US Supreme Court
Deb Haaland is the first Native American Secretary of State, Kamala Harris as Vice-President has both Asian and Black heritage.
How did Parents Involved v. Seattle impact bussing measures designed to secure a racial balance in schools? - US Supreme Court
Parents Involved v. Seattle determined that it was unconstitutional to assign students to particular schools solely to achieve a racial balance in schools to overcome educational segregation enforced by housing patterns.
What did the % of black 25-29 year olds graduating from college rise from-to between 1960 and 1995? - US Supreme Court
Between 1960 and 1995, the % of black 25-29 year olds graduating from college rose from 5% to 15%.
What examples have there been of direct action taken to establish voting rights? - US Supreme Court
Bus Boycotts in Alabama, Freedom Rides, Civil Rights Era marches, speeches by MLK, state level movements operating to prevent discriminatory laws.
What is voting caging? What Supreme Court case recently permitted this practice? - US Supreme Court
Voting caging is where an individual is struck off a voting register if they have not cast a ballot within a prolonged period, with this found to have impacted minority groups more so. 2018’s Husted v. Randolph institute recently allowed this practice.
What % of current minority representatives are Democrats? - US Supreme Court
84% of current minority representatives are Democrats.
How many times larger is the % of Hispanic people in the US compared to the % of Hispanic people in Congress? - US Supreme Court
The % of Hispanic people in the US is 2 times larger than the % of Hispanic members of Congress.
Since when has every Congress in the US seen a steady increase in the number of ethnic minority representatives? - US Supreme Court
Since 2011, every Congress has seen a steady increase in the numbers of minority representatives.
