factors that reinforce/undermine the Supreme court 1.4

Question 1

Factors that reinforce Supreme Court independence

Answer 1

• congress and power to change composition
• life tenure
• constitutional independence
• the ABA

Question 2

How does ‘ congress and power to change composition ‘ reinforce Supreme Court independence

Answer 2

• hasn’t been able to change since 1869
• limited amount of people so can’t jam pack people from political bias
• over 150 years of independence this way

Question 3

How does ‘ life tenure’ reinforce Supreme Court independence

Answer 3

• cannot be dismissed without senate’s 2/3 majority
• Article 3 means that their salary cannot be altered during their job as a judge
• means they can vote however they like without threat from the president or other external actors

Question 4

How does ‘ constitutional independence ‘ reinforce Supreme Court independence

Answer 4

• constitutional independence means that the supreme court can perform ‘judicial review’ on other branches of government

Question 5

How does ‘ the ABA ‘ reinforce Supreme Court independence

Answer 5

• independent interest group
• categorise judge into ‘not qualified, qualified and well qualified’

Question 6

Factors that undermine Supreme Courts’ independence

Answer 6

• congress can alter composition
• impeachment process
• supreme court lacks enforcement powers
• independence of ABA
• presidential nomination

Question 7

How does ‘ congress can alter composition ‘ undermine Supreme Court independence

Answer 7

• Roosevelt and Biden considered changing the number of supreme court justices to a higher number to help their party
• Roosevelt = new deal 1930’s

Question 8

How does ‘ impeachment process ‘ undermine Supreme Court independence

Answer 8

• supermajority of the senate, 2/3 will kick them out
• shows that they are still dependent

Question 9

How does ‘ supreme court lacks enforcement powers ‘ undermine Supreme Court independence

Answer 9

• Brown v Board of Education of Topeka
  (1954)
• supreme courts makes decisions but doesn’t have power to enforce

Question 10

How does ‘ independence of ABA ‘ undermine Supreme Court independence

Answer 10

• that female and minority judicial nominees
  are generally more likely to receive lower ratings
• Clarence Thomas was only deemed ‘qualified’

Question 11

How does ‘ presidential nomination ‘ undermine Supreme Court independence

Answer 11

• all originally nominated by the president so already there is a bias