Chapter 4 - The nature and role of the Supreme Court

Question 1

What is needed to confirm a Supreme Court nomination?

Answer 1

A simple majority in the Senate.

Question 2

What is the only way a Supreme Court Justice can be removed?

Answer 2

Through impeachment; all appointments are otherwise for life.

Question 3

Who is responsible for bringing impeachment charges?

Answer 3

The House of Representatives.

Question 4

Who tries all charges of impeachment and what is needed to convict someone?

Answer 4

The Senate; a 2/3 majority is needed to convict and remove someone from office.

Question 5

How many Justices have been successfully impeached?

Answer 5

None

Question 6

What did the Judiciary Act do?

Answer 6

Set up a system of lower federal courts.

Question 7

When was the Judiciary Act passed?

Answer 7

1789

Question 8

What are the courts of appeal known as?

Answer 8

Circuit courts

Question 9

How many circuit courts are there, as created by the Judiciary Act?

Answer 9

13

Question 10

What are trial courts known as?

Answer 10

District courts

Question 11

How many district courts are there, as created by the Judiciary Act?

Answer 11

94

Question 12

What cases do the Supreme Court hear?

Answer 12

Those cases they decide are of major constitutional importance; there is no automatic right to have your case heard by the Supreme Court.

Question 13

How many Justices are there?

Answer 13

9 - 8 associate justices and 1 chief justice.

Question 14

What did Montesquieu argue?

Answer 14

‘there is no liberty if the judiciary power be not separated from the legislative and executive’

Question 15

Who is the current Chief Justice?

Answer 15

John Roberts

Question 16

Why does the fact the Supreme Court has always remained as 9 judges, even though Congress can change that, reinforce its independence?

Answer 16

It shows that Congress or even the executive have not packed the Court with their allies.

Question 17

What two things does Article III include that protects the independence of the Supreme Court?

Answer 17

• Justices are guaranteed the role for life, even if Congress or the executive disagree with their judgements.
• Their salaries are protected so money cannot be used as leverage.

Question 18

What is the ABA?

Answer 18

American Bar Association - it is an independent interest group that rates the suitability of every nomination to the Supreme Court, providing a non-political quality control.

Question 19

What was the Judicial Procedures Reform Bill?

Answer 19

President Franklin D. Roosevelt’s plan to pack the Supreme Court.

Question 20

When was the Judicial Procedures Reform Bill?

Answer 20

1937

Question 21

What did the Judicial Procedures Reform Bill propose to do?

Answer 21

Appoint a new Supreme Court Justice every time a sitting Justice reached the age of 70 and failed to retire.

Question 22

What happened to the Judicial Procedures Reform Bill?

Answer 22

A revised form of the Bill was eventually passed in 1937 but did not include the ‘court-packing’ plans of F.D.R.

Question 23

Who has the power to change the number of Justices on the Supreme Court?

Answer 23

Congress, but they never have.

Question 24

What is needed to bring a case of impeachment in the House?

Answer 24

A simple majority.

Question 25

When was Justice Samuel Chase impeached by the House?

Answer 25

1804

Question 26

Even though the Supreme Court has the power to make rulings, what can it then NOT do?

Answer 26

Enforce those rulings, undermining its independence.

Question 27

Who were the Little Rock Nine?

Answer 27

Nine black students enrolled at Little Rock Central High Scholl in 1957 that were prevented from attending the school by the state governor.

Question 28

What did Dwight D. Eisenhower do to the Little Rock Nine?

Answer 28

He sent in the Army to protect them and ensured the state followed the Supreme Court ruling of 1954 to end segregation in schools.

Question 29

What was the Supreme Court case that ended segregation in schools that President Eisenhower had to enforce in Little Rock?

Answer 29

Brown v. Board of Education 1954

Question 30

How does the role of the legislature undermine the judiciary’s independence?

Answer 30

• Congress can impeach.
• Congress can change the number of justices
• The Senate must confirm appointments, putting politicians at the heart of choosing the composition of the court.

Question 31

What is judicial review?

Answer 31

The power of the Supreme Court to declare Acts of Congress and state governments, and actions of the executive or state governments unconstitutional.

Question 32

Where and when is judicial review from?

Answer 32

It is not in the Constitution; it was ‘found’ in the case of Marbury v Madison, 1803.

Question 33

When did the Supreme Court first declare a state law unconstitutional?

Answer 33

In the case of Fletcher v Peck, 1810.

Question 34

What is the difference between Marbury v Madison and Fletcher v Peck?

Answer 34

MvM was an Act of Congress; FvP was a state law.

Question 35

What did Chief Justice Charles Evans Hughes say of the role of the Supreme Court?

Answer 35

‘We are under a Constitution, but the Constitution is what the judges say it is.’

Question 36

Why is it said the Supreme Court has a quasi-legislative function?

Answer 36

The power of judicial review can update the Constitution and their rulings have the effect of a law passed by Congress.

Question 37

What was the case of Marbury v Madison about?

Answer 37

Outgoing president John Adams appointed many federal judges to frustrate the incoming Thomas Jefferson. His last appointment, William Marbury, did not receive his confirmation before Jefferson took office and Jefferson then order his Secretary of State, John Madison, to reverse the appointment, causing Marbury to petition the Supreme Court. They ruled in favour of Marbury, but could not force Madison to comply with the ruling because of a part of the Judiciary Act 1789. They therefore ‘struck down’ that part of the Judiciary Act and declared it unconstitutional, and in doing so found the power of judicial review.

Question 38

What was the case of Fletcher v Peck?

Answer 38

The State of Georgia sold 35 million acres of land off very cheaply in 1795 and it was discovered that they had been bribed to do so. The land sales were repealed in 1976 but John Peck, who had received land fraudulently in 1795, sold it on when he had no right to do so to Robert Fletcher. When Fletcher found out what Peck had done he sued him. When the Supreme Court heard the case they ruled that the repeal of the 1795 state law in 1796 had been unconstitutional and stuck it down, and so found their ability to rule on state laws as well as federal laws.