Chapter 4 - Theoretical approaches Flashcards
What is the rational approach of Supreme Court Justices to ruling on cases?
Each individual judge will have their own views and values and will vote the way they lean politically and how they interpret the Constitution.
How does Justice Clarence Thomas interpret the Constitution?
He is a strict constructionist and originalist - this is rational to him.
What does constructionism and originalism mean for interpreting the Constitution?
They will read it exactly how it is written and meant at the time of ratification.
What is the opposite of an originalist interpretation of the US Constitution?
Viewing it as a ‘living constitution’
Which Justices view the Constitution as a living document?
Justice Ruth Bader Ginsburg and Justice Sonia Sotomayor
What does it make rational sense for interest groups to do?
Petition, campaign, and support cases that will uphold their views and values.
How did the NAACP act rationally?
They supported the Supreme Court case that ended segregation in schools.
How does the US Supreme Court differ culturally from the UK Supreme Court?
The US Supreme Court is nearly as old as the nation itself; the UK’s only opened in 2009.
What has the US Supreme Court done over its history that makes it culturally significant?
It has ruled on many landmark cases that have established civil liberties and freedoms; in the UK it is Parliament that has historically done this.
How are both Supreme Courts in the UK and US culturally accepted?
As the ultimate arbiter of the rule of law.
What two types of cultural actions can Justices in both countries make?
Judicial restraint or judicial activism
What case in the UK demonstrates the Supreme Court exercising restraint?
Begum v Home Secretary (2021) - they upheld Priti Patel’s refusal to allow Shamima Begum to return to the UK.
What is the structural difference between the appointment processes of both Supreme Courts?
The US is highly politicised and involves both the legislature and the executive; the process in the UK is non-political and does not involve the legislature or the prime minister.
Why is the UK Supreme Court structurally weaker than the US?
There is no codified constitution, meaning it can be abolished by a simple act of Parliament. Anything the UK Supreme Court declares ultra vires can also be easily reversed by a simple act of Parliament.
Why is the US Supreme Court structurally more significant than the US?
It is codified and its rulings are effectively quasi-legislative, due to the high threshold required for constitutional amendments.
