Judicary Flashcards
What does the constitution say about the judicial branch?
- Very little
- Power to be vested in one Supreme Court that would set up afterwards
- One Chief Justice but powers are undefined
- Provisions about appointment, teen length, office conduct and salaries
What role does the Supreme Court play?
- An appellate role - hearing only cases that have been through the inferior federal courts or state supreme courts
- Along with lower federal courts deals with cases ‘arising under the constitution’
What two cases defined the powers of the Supreme Court?
- Marbury v. Madison in 1803
* Fletcher v. Peck in 1810
What did Marbury v. Madison rule?
• The Supreme Court could strike down:
- a federal law
- an action by the president or another member of the executives actions
If deemed unconstitutional
• This gave the court the power of judicial review
What did Fletcher v. Peck rule?
Judicial review was to be extended to state laws and state governments
What are the 3 types of appeal Courts in the USA?
- US Court of appeals (regular crimes)
- US Court of appeals for the federal circuit
- US Court of military appeals
How do the Supreme Court remain independent form the other branches?
- Life tenure - the judges don’t face the threat of being fired by the President if they don’t act in his interest
- Salary - compensation clause states that the judges pay cannot lower whilst in office
- Separation of power - no one with the executive or legislative works with the judges
What powers does the Supreme Court have?
• Judicial review
Name the checks the executive have over the judiciary
- Appoint federal judges
* Pardon federal offenders
Name the checks the legislative has over the judiciary
- Create lower federal courts
- Impeach and remove judges through supermajority vote of judges have acted illegally
- Propose amendments to overrule judicial decisions
- Approves appointments of federal judges
What are the 4 judicial philosophies used by the justices?
- Strict constructionism
- Originalism
- Loose constructionism
- Living constitution
How would a justice who followed strict constructionism deal with cases?
- Read as literal and strict
* Constitution read just as the founding fathers intended it to be read
How would a justice who followed originalism deal with cases?
They would face with the founding fathers in mind and be strict but not disregard issues if there is not a clear instruction on it in the constitution unlike a strict constructionist
How would a justice who followed loose constructionism deal with cases?
• Reading between the line of the constitution and looks at each issue with its context
How would a justice who followed the idea of a living constitution deal with cases?
• The believe the constitution is interpreted with the modern day being the interest and not use old interpretations of it
How are justices appointed to the Supreme Court?
- A vacancy occurs due to the retirement, impeachment or death of a justice
- The president nominates a new justice from a short list who are heavily scrutinised
- The Senate Judiciary Committee holds hearings, an interview and recommendations on the suitability of the nominee. The American Bar Association issues a report in their degree of qualification
- The Senate then votes and they must clear the vote by over 50%
Why are appointment to the so important?
- Occur infrequently
- Last a long time and can decide the make up of the Court for decades
- Only nine members so one person holds a lot of power
- Ideological balance can be tilted
- The courts decisions affect society
Give 3 examples of judges with controversies airing around their appointments to the Supreme Court
1987 - Robert Bork
2005 - Harriet Miers
2016 - Merrick Garland
What was the controversy around Robert Bork’s appointment to the Supreme Court?
- Nominated by Reagan
- Failed to get appointed with 42-58 vote
- Reagan’s other appointments has gone through easily, Kennedy was appointed to Supreme Court instead
What was the controversy around Harriet Miers appointment to the Supreme Court?
- Nomination of George W Bush
- Heavily scrutinised by Democrats for lack of experience and she withdrew
- Backfired on Democrats with Alito who was more conservative being appointed
Why was Antonio Scalia’s death so significant?
The Court was swung 5-4 conservative majority but with a democratic president in power he was likely to appoint a liberal judge to swing it back the other way
Why was Merrick Garland the ‘least controversial’ choice available to Obama?
Garland didn’t have a history of voting consistently in a liberal way which meant Garland was more likely to pass through a majority republican senate
What is the Thurmond rule?
- More a convention
* State a President cannot have a Supreme Court nomination pass through the senate in their final year in office
How did the Republicans resist Garland’s nomination?
- The Thurmond Rule
* They held the majority in senate
What are the strengths of the appointment process for a Supreme Court justice?
- Ensure judges are independent
- Ensure judges are capable
- Ensures judges are suitable
What are the weaknesses of the appointment process for a Supreme Court justice?
- Nominations are not solely based on judicial ability
- Ratification is politicised
- Process is ineffective and nominees not properly scrutinised
How many cases are sent to the Supreme Court and how many are considered?
7,000 by only 100 considered
LANDMARK CASE Plessy v. Ferguson • Date • Issue • Vote split
- 1896
- Upheld segregation, emphasis on separate but equal
- 7 -1
