4.6 Interpretations and debates on SC and civil rights Flashcards
4
Describe the argument that the SC is primarily political rather than judicial - ideological nominations
- President make nominations largely on ideological basis
- especially true if opportunity arises for more than one justice e.g. Trump - 3 justices
- leads to long term impact on total court ideology
- fine balance between liberals and conservatives grants power to ‘swing justice’
5
Describe the argument that the SC is primarily judicial rather than political - judicial independence
- Checks and balances ensures judicial independence
- salary is fixed - limits congressional/presidential influence
- few checks on SC justices
- can make decisions as they see fit, without undue political influence
- e.g. John Roberts more liberal than expected on Obamacare
5
Describe the argument that the SC is primarily political rather than judicial - partisanship in Senate scrutiny
- Senate may fail to properly scrutinise nominee due to partisanship
- votes on party lines e.g. Amy Coney Barrett
- simultaneous control of Presidency and Senate leads to effective rubber-stamping of appointment (exceptions like Harriet Miers - Republicans held both houses 2005)
- e.g. Sotomayor (2009) despite Republican criticism
- can also precipiate gridlock that maintains vacancy e.g. Garland
3
Describe the argument that the SC is primarily judicial rather than political - SC appointments for life
- impeachment is rare (no impeachment since 1805)
- cannot be removed by branches who do not support views
- rulings strictly based on law
4
Describe the argument that the SC is primarily political rather than judicial - media coverage/participation
- enhances increasingly political role
- e.g. Kavanaugh, RBG
- under greater pressure to rule certain way
- increasing number of social cases chosen by SC reinforces quasi-judicial status
3
Describe the argument that the SC is primarily judicial rather than political - judicial restraint
- unelected nature may prompt justices to defer influence to other branches
- prevents unaccountable meddling if executive/legislative action declared unconstitutional
- preserves separation of powers
3
Describe living constitution
- Belief that Constitution is organic, evolutionary document
- Can be changed through reinterpretation in modern context
- Closely linked to loose constructionism and judicial activism
3
Describe originalism
- Belief that intepretation of US Constiution is set by original principles of document
- Should not be subject to broad intepretation in light of modern advances
- e.g. Kentanji Brown Jackson
3
Describe the link between originalism and other judicial principles
- stare decisis
- Favoured by conservative justices
- Closely linked to strict constructionism and judicial restraint
5
Describe arguments for a ‘living constitution’
- Constitution will quickly become outdaed if not interpreted in light of modern advances e.g. slavery, women’s rights, LGBT rights
- Elected and accountable branches favour will of majority, SC can ensure minority rights are protected
- Vagueness intended to permit reinterpretation due to non-intended consequences of constitution e.g. semi-automatic rifles in 2nd amendment
- Amendment process too difficult to allow change through elected branches
- Principles of Constitution can be upheld (e.g. liberty), despite wording
5
Describe arguments for ‘originalism’
- Interpretation makes SC a political branch
- Changes should be left to elected branches rather than 9 unelected judges (judicial restraint)
- Amendment process is effective
- Wording of constitution should be adhered to, more important than principle which are weaker and vaguer
- Constant evolution of constitution may make the exact law unclear to citizens
2
Describe the impact of the SC being a political branch
- Undermines its independence
- Weakens legitimacy in checking other branches
3
Describe the lack of enforcement power relating to Guantanamo Bay
- SC ruled in favour of detainees in 4 cases regarding Guantanamo Bay between 2004 and 2008
- The fact that these cases repeatedly came to the SC on similar issues highlights the weakness of its rulings
- Even passed Military Commissions Act 2006 (granted President power to determine indefinite detention) to circumvent rulings, though this was ruled unconstitutional
4
Describe Arlene’s Flowers lawsuit
- SC declined to hear appeal from florist who had refused to make arrangement for same-sex couple
- Referred it Washington state Supreme Court
- Let stand 2 unaminous verdicts that same-sex couples cannot be discriminated on basis of religion
- Sheid away from controersial political involvement, leaving rights of some groups unprotected
3
Describe the arguments that rights protection is/isn’t effective in the US
- Vagueness v failure to protect all groups
- Restrict creeping authoritarianism v limited constitutional role
- Increasing judicial activism v originalism
