Has the supreme court become too politicalised? Flashcards
Reasons to say yes?
-The courts power of judicial review enables it to interpret the constitution
-The courts power of judicial review gives it a quasi-legislative power
-The courts power of judicial review turns it into a politicised institution
Yes- what does this mean The court’s power of judicial review enables it to interpret the constitution?
We can see the interpreted by the court e.g, court ruling the death penalty under 18s was cruel and unusual due to the 18th amendment
-For example, abortion legalised ue to the interpretation of ‘liberty’ in the constitution
-Tried to say the first amendment right ‘freedom of speech’ prevented any control of campaign finance
-The court amends the constitution by interpreting it
Yes- what does this mean the courts power of judicial review gives it a quasi-legislative power?
-Courts decision have the almost same, effect as legislation thats passed
-In Uk policy matters like abortion right, death penalty and gun control. In the USA filled by the supreme court
-The power of the courts particularly in decisions which are authorised by loose constructionist judges legislative on the bench
-e.g. Obergefell
Yes- what does this mean the courts power of judicial review turns it into a politicised institution?
-Supreme court is making decisions in policy areas that are particularly continents and about which the two major parties disagree, Affirmative action, the d penalty, abortion, school prayers and gun control, the court to some extent turn into political institutions
-The democrats follow affirmative action. Abortion rights for women and gun control, but opposed the death penalty and support free school meals, whereas republicans oppose this
8 reasons to say the supreme courts to politicised?
-Unelected bodies making decisions
-Roe V Wade is a key division line between liberals and consrvatives
-Judges make conservative or liberal judgments
-Justices share the same political stance then the president
-Nomination and confirmation process are very politicised
-The court can sometimes decide result of presidential election
-Judicial activism make rulings they believe improve society but not intended by the framers
-The court over time has increased the power of the federal govt at the expense of states rights
-The courts been criticised for acting like a third house of legislature rather than interpreting laws
Yes- -Unelected bodies give a case study
Had major decision on DOBBs ruling and Roe v Wade
Yes
-Roe V Wade is a key division line between liberals and conservatives give a case study?
R- prolife
D- pro choice
Yes
-Judges make conservative or liberal judgments
Dobbs 6-3
Yes
-Justices share the same political stance then the president?
Obama and Elena Keagan
Yes
-Nomination and confirmation process are very politicised?
Brett Kavanaugh
Yes
-Judicial activism make rulings they believe improve society but not intended by the framers?
Brown v board of education
Obergerfell
Yes
-The court can sometimes decide result of presidential election
Bush V Gore 2000
5 votes bush- repub
4 votes gore- dem
Yes-
-The court over time has increased the power of the federal govt at the expense of states rights?
Obamacare
Yes
-The courts been criticised for acting like a third house of legislature rather than interpreting laws?
Obergefell
No- 8 points against?
-The court apply the constitution to modern day, controversial or not
-Justices are independent and free from political influenced once appointed
-Some judges don’t reflect the political stance of the president who appointed them
-Some judges don’t consistently vote the same way
-Judicial activism can be necessary to ensure all citizens enjoy equal protection under law
-Decisions are made on the basis of legal arguments not political principles
-Congress acts as a check on overly political supreme court: if it wished to, it could initiate a constitutional amendment to overturn the courts decision
