judicary Flashcards

1
Q

where are the powers of the SC detailed in the constitution

A

-article 3
-original jurisdiction=right for a case to be heard in supreme court without going through lower courts
-It is estimated that 7,000 to 8,000 new cases are filed to the Supreme Court of the United States each term. Each term, the court grants arguments to around 80 of those. For the 2022-2022 term, the Court decided 58 cases.
-cases can be disposed of

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2
Q

describe the independence of the Supreme court

A

-justices appointed for life=president/congress cant remove them=ensures indy from president as seen 2022 Trump and House files
-vacancies only arise when die, retires or are impeached =9 judges to stop packing
-constitution prevents salary of justices from being lowered in their time office =267,000
-while justices are nominated by president the constitution requires the senate to approve this=gives court air legitimacy being elected by elected senate =
separation of powers gives them judical review allows them to check powers congress and president
American Bar association rates suitability of all justices

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3
Q

describe the power of judicial review

A

article 3 makes no mention of judicial review =power court to review laws or actions from congress/ president and declare them unconstitutional =established Madbury vs Madison
responsible for interpreting the US constitution
almost impossible to overturn courts ruling

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4
Q

describe the appointment process for the Supreme court

A

congress controls the infrastructure of the lower courts but also sets the number of justices on SC
constitutionally president must nominate justices for senate to confirm or reject

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5
Q

describe the appointment process of Brett Kavanaugh

A
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6
Q

describe presidential considerations for a judicial nominee

A

experience=Key reason why Harris Mier’s questioned=ABA lends support by deciding if their qualified or well qualified for role
demographics=widen the rep nature of the court Obama appointed two women=doubling number to have served on court and also appointed first Hispanic justice Sotomayor=Biden Ketanji Brown Jackson
ideology=from rulings on lower courts the President can ascertain what their ideology is=Kavanuagh was on list right wing think tank Heritage foundation before Trump appointed him

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7
Q

describe the current composition of court

A

swing justices =Kavanaugh Roberts and Gorsuch
-Kavanaugh Roberts Gorsuch Barret Jackson Sotomayor Thomas Alito Kagan
Clarence Thomas only one ABA rating qualified

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8
Q

describe the ideologies of justices on Supreme Court

A

–conservative =limited fed gov and pro gun anti-abortion interpret constitution more literally =Liberal=greater equality for all =larger fed gov=interpret it more broadly
-loose constructionist=interpret C more broadly =Strict constructionist =stick to wording
judical restraint =limited role SC and defer to elected people =judical activism=overturning previous rulings
-living constitution=evotionary document that should change with times
originalism=meaning and interpretations set by original principles of the document

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9
Q

describe the strengths and weaknesses of the appointment process

A
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10
Q

describe Supreme courts impact on public policy

A

impact on elections and spending=Citizens United Vs FEC
McCutcheon V FEC
healthcare= NfIB v Sebelius
King V Burwell
environment- Michigan V EPA

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11
Q
A
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