4.1, 4.2, 4.3- the supreme court Flashcards
f
what was the case that created judicial review?
1803 Marbury v Madison
what are the characteristics that secure the SC independence?
- separation of powers
- appointments are made using both the president and the senate
- can only be removed from office by impeachment- which is rarely used
- salary cannot be lowered
what article protects the salary of incumbent justices?
article 3
How many petitions does the Supreme Court receive a year, and how does this compare to the number of cases it hears?
- receive around 7000 petitions a year
- hear around 100-150
Give an example of when it could be argued the Supreme Court made a political decision.
2000 Bush v Gore
- the supreme court blocked a recount of presidential votes in Florida on the grounds of the equal protection clause
- the ruling was 5-4
Explain how it could be argued that Roosevelt used the bull pulpit to change a Supreme Court decision.
- Roosevelt was defeated many times
- he tried to implement the Judicial Procedures and Reform Bill (1936) which would allow him to ‘pack the court’
- seen as an attempt to secure favourable rulings
Give an example of a unanimous decision by the Supreme Court.
Brown v BOE (1954), ruled that segregation in schools was unconstitutional
undermined the seperate but equal doctrine in plessy vs ferguson
Give an example of when a president was given undue influence over the ideology over the court. compare this to obama.
- trump out of luck was able to appoint 3 juctices in 4 years
- obama was only able to appoint 2 juctices in 8 years
Give an example of when an appointment had very little bipartisan support.
- Senate vote on Brett Kavanaugh
- one democrat voter for - joe manchin
- one republican voted against - Lisa Murkowski
How does the ranking of S.C. nominees suggest that the candidates are well-appointed?
- the American Bar Association has not rated anyone in the court to be unqualified
- most were rated well well-qualified
Give an example of a justice who has switched ideological stances while on the court.
Earl Warren
what do loose constructionists believe?
- the constitution is a living document, the vagueness works to its benifit
give two examples that could be used to show that the supreme court has become a quazi legislative body.
- roe v wade 1973
- obergefell v hodges
had effects comparible to abortion/ same sex marriage laws being passed by congress- both based on interpretations of the 14th ammendment
overturned many state laws
what is judicial activism and judicial restraint?
- judical activism: overturns desisions of other branches, sees itself as an equal partner to other branches
- judicial restraint: defers to other branches, respects presedent
what are the arguments that the supreme court is a political institution?
- appointed by president- based on political aims
- confirmation is increasingly along party lines
- broad interpretation have a quasi legislative effect - judicial activism - waren court and roberts court
- desisions undermine those of the other branches and therefore shape policy - judicial review - its role has extended to far
what are the arguments that the supreme court is not a political institution?
- senate checks ensures the integrity of nominations (ABA and public hearings)
- courts arguably are icreasingly restrained- reversing past activism, activism is sometimes necessary
- desisions are grounded in constitutional interpretations rather than political desisions, ideology is not the same as political affiliation
what are the arguments that the supreme court has too much power?
- it is unelected an unaccountable - such important desisions should be left to elected officials- potential corruption e.g clarance thomas
- judicial activism is a large overeach
- influences by political motivations- appointment process, deicisions, recent lack of respect for precedent
what are the arguements that the power of the SC is highly limited?
- congress can initiate ammendments that can overide court desisions- the constitution not the supreme court is sovereign
- no initiative power
- not politicized- appointment process ensures scrutiny, independent from other branches
- judicial activism is often necessary to modernise
what are the differences between the UK and US supreme court?
- UK SC was created through an act of parliament
- UK SC for a long time was fused with the legislative as the apelate court in the lords
- the UK court system has developed significantly, in the US it was created when the constitution was created
- UK SC is appointed by the judicial appointments commision and the SOS for juctice
- US SC can strike down acts as unconstitutional
name a justice who was appointed during divided government.
antonin scalia
- was confirmed 98-0
give an example of a justice who was rejected due to a lack of experience.
- Harriet Miers
- appointed by G.W bush in 2005
- rejected by the Senate due to concerns about her lack of experience as a judge
- she had previosly been in the cabinet
- The Senate was Republican at the time
what was the name of the juctice the senate refused to vote on? how was this precedent undermined?
- Merrick Garland
- appointed by Obama
- 2016
- in 2020 trump was able to appoint Amy Coney Barrett
give an example of the supreme courts lack of initiative power.
DC v heller 2008 upheld that the second ammendment allows for the individual right to own a fire arm. Debates over this constitutional protection were prevelant in the weeks before this.
what is the name of the committee used to scrutinse supreme court appointments.
the senate judiciary committee
give an example of a more liberal court. what are some desisions this court made?
warren court
- brown vs BOE
- miranda vs arizona (Mandated individuals be told their miranda rights)
what is the name of the current supreme court? name some desisions it has made.
the roberts court
- dobbs vs jackson
- citizens united vs FEC
- students for fair admissions vs harvard
- DC vs Hellar 2005
- shelby county vs holder
what are the arguments for judicial activism?
- adapts the constitution to changing times
- protects rights- minorities may lack the power to implement legislative change
- helps to fill legislative gaps
- allows to correct previos mistakes
what are the arguments against judicial activism?
- undermines the seperartion of powers- quasi legislative
- leads to instability is precendent isnt respected
- encorages judicial bias and subjectivity
give examples of orgininalist interpretations.
citizens united vs FEC- orginalist interpretation of 1st ammendment rights
shelby county vs holder- orginalist interpretation of the 10th ammendment, overode previos interpretations based on the 14th ammdnement
dobbs vs jackson womens health
students for fair admissions vs harvard- 14th ammendment
