4.1 Nature and Role of SC Flashcards
2 ways
Describe the structure of the US judicial system leading to the SC
- US District Courts → US Courts of Appeals → US SC
- State Trial Courts → Intermediate Appellate Courts → State Supreme Courts → US SC
3
Describe the nature and power of the USSC
- Article 3 is vague
- Appellate jurisdiction/court - hear appeals from rulings originating from 94 district/state trial courts
- Original jurisdiction in certain cases, bypassing lower courts
original jurisdiction - first to hear case
1
Describe the rule of four
- SC practice of granting petition for review if at least 4 justices say so
5
Which cases does the US SC have original jurisdiction in?
cases involving…
* public ministers (e.g. President)
* multiple states
* citizens of different states
* cases outside USA
Yet these cases are rare
4
How many cases are heard by the US SC?
- Receives 7-8k cases
- Hears circa 1%
- Most cases are ‘disposed of’
- No guarantee a case will be heard
5
Describe the membership of the US SC
- 9 members since 1869 Judicary Act
- Chief Justice - presiding member
- 8 associate justices
- Congress can pass law to change size
- Increased from 6 to 9 (vagueness)
3
Describe the Chief Justice
- Nominated by President when vacancy arises
- Holds no additional voting power
- Currently John Roberts (moderate Conservative appt under
8
Describe ways in which the US SC is independent
- Justices appt for life - cannot be dismissed by President/Congress wihtout clear impeachment grounds
- Vacancies only occur when currrent justices dies, resigns or is removed - prevents Presidents packing
- Only Congress can change number of justices
- Constitution prevents salaries being lowered whilst in office - justices not fearful of repercussions for actions
- Nominated by Pres and approved by Senate - prevents one branch packing SC on ideology
- Nomination and approval by elected representatives lends legitimacy to Court, but they are protected from democratic whim of peole
- Relies on other branches to carry out its rulings
- ABA rating
2
Describe ways in which the US SC fails to be independent
- Partisanship in appointment and impeachment process
- Justices frequently attacked in media
5
Describe Judicial Review (US)
- Power of SC to review laws or actions of Congress/President and judge whether they are constitutional
- power to nullify laws if found to be unconstitutional (no longer enforceable)
- Article 3 makes no mention of judicial review
- instead powers granted through cases of Marbury v Madison (1803) and Fletcher v Peck (1810)
- Ruling can only be circumvented through consitutional amendment - which is extremely difficult to enact
3
Describe Marbury v Madison (1803)
- Case concerned undelivered commissions to outgoing President Adam’s judicial appointees
- Case ruled actions of Jefferson govt (Madison) unconstitutional - first occurrence
- Established principle of judicial review
4
Describe Fletcher v Peck (1810)
- Case concerned repeal of Georgia state law on land purchase
- SC ruled repeal of law unconstitutional
- First time SC ruled against state law
- Extended powers of judicial review to state law
4
List ways in which the Supreme Court is divided
- Conservative vs Lieral
- Loose vs strict constructionism
- Judicial restraint vs Judicial activism
- Living Constitution vs orginalism
2
Describe loose constructionists
- justice more willing to broadly intepret wording of constitution
- often leads to expansion of federal government
2
Describe strict constructionists
- justice more willing to rule according to exact wording of constitution, rather than interpret
- often protects state powers
