4.1 Nature and role of the Supreme Court

Question 1

What is the central role of the Supreme Court

Answer 1

Uphold matters of the constitution

Question 2

What does the constitution establish for the Supreme Court

Answer 2

*Establishes the SC
*Extent of judicial powers
*Life tenure for judges
*Original jurisdiction
*Appellate jurisdiction
*Appointment process

Question 3

What is the implied power of the Supreme Court

Answer 3

Judicial Review- power to overturn decisions made by the president or Congress if it declares its actions unconstitutional

Question 4

What SC cases gave the Supreme Court the power of judicial review (2)

Answer 4

Marbury v Madison 1803
Fletcher v Peck 1810

Question 5

What parts of the SC was established by Acts of Congress (2)

Answer 5

-establish ‘inferior courts’
-determine the number of justices on the Courts

Question 6

What ensures the independance of the court (4)

Answer 6

-Separation of powers
-Appointment process
-Life Tenure
-Salary

Question 7

How are court cases given to the Supreme Court

Answer 7

*the SC cannot initiate a case
*Cases presented by the court by an individual or institution that feels the Constitution has been broken

Question 8

How many cases is brought to the Supreme Court

Answer 8

Between 7000-8000

Question 9

What does the Supreme Court have the power to do

Answer 9

*power to declare the actions or laws are unconstitutional
*Allows the court to overturn those actions or laws using judicial review

Question 10

What do SC cases help set

Answer 10

-Set a precedent for future cases, particularly for political institutions, organisations and individuals
-SC can choose to have narrow or a broad-ranging impact

Question 11

How is a judge appointed (3)

Answer 11

-Vacancy occurs
-President appoints new justice
-The Senate decides

Question 12

Example of failed nomination

Answer 12

Merrick Garland 2016
-Senate blocked the nomination by refusing to vote
-Prevented the Court from switching to 5-4 liberal majority

Question 13

Strengths of appointing process (3)

Answer 13

-Ensures independence
-Ensures judicial ability
-Ensure personal suitibility

Question 14

Weaknesses of appointment process (3)

Answer 14

-Nomination is politicised
-Ratification is politicised
-Ineffective (nominees tend to avoid giving too much detail over their views which stops scrutiny)
-Media can politicise

Question 15

How can the Supreme Court impact public policy (2)

Answer 15

-By upholding the constitutionality of a case, it protects existing policy
-Striking down the constitutionality of a case, it removes existing policy