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US Politics And Government > Judiciary > Flashcards

Judiciary Flashcards

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1
Q

How would a liberal justice typically act?

A

One who interprets the Constitution to favour liberal values such as protecting rights or advancing socially progressive policy

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2
Q

How would a Conservative justice typically act?

A

Interprets the Constitution to favour conservative values such as government authority and national security or the right to bear arms

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3
Q

Swing justice

A

falls ideologically, in the middle of the nine justices. They may change with any new appointment to the court

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4
Q

Public policy

A

Simply the policy and legislation that affects the lives of US citizens. When the SC rules to uphold or strike down a law, it invariably alters these polices and this has an impact on the people

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5
Q

What are the typical public policy issues?

A

Death penalty, abortion, affirmative action and same-sex marriage

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6
Q

What are the 3 potential impacts the SC has on public policy?

A

1) By upholding the constitutionality of a case it protects existing policy
2) By striking down the constitutionality of a case, it removes existing policy
3) Occasionally, by doing either of these, it sets entirely new policy for the whole nation

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7
Q

Name some cases of public policy?

A

Obergefell V Hodges [2015]

Texas V US [2016]

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8
Q

What are judicial activism and judicial restraint?

A

Theories that are applied to the actions of SC justices

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9
Q

Why might a justice think ACTIVISM is the correct approach?

A
  • Elected branches often shy away from controversial issues as it may cost them votes
  • Current problems need solutions now, and Congress is often slow to act
  • Without interpretation the Constitution would become irrelevant
  • Ignoring issues could lead to breaches of the Constitution and constitutional rights
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10
Q

Why might a justice think RESTRAINT is the correct approach?

A
  • The SC is unelected and unaccountable, and therefore should refrain from big decisions
  • No one can adequately know what the Founding Fathers intended
  • Limited ways to check the Court means they should act in a limited fashion
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11
Q

What is the strict constructionist philosophy?

A

Interpret the Constitution literally with limited possibilities

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12
Q

What is the loose constructionist philosophy?

A

Interpret the constitution for many possibilities and more flexible and open

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13
Q

Vital UPHELD amendment in the Bill of Rights?

A

1st amendment and the right to free speech - even in controversial cases such as Snyder V Phelps [2011]

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14
Q

A CONTROVERSIAL amendment?

A

8th amendment - the death penalty whether ‘cruel and unusual punishment’ is truly outlawed in the USA

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15
Q

IN NEED OF INTERPRETATION amendment?

A

3rd amendment- there is no danger of the government quartering soldiers in citizens’ houses today, but could this be interpreted as a ‘right to privacy’, which does not exist in the constitution?

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16
Q

Name a few later amendments?

A 
13th amendment (1865) - Making slavery unconstitutional and guaranteeing equal protection of everyone before the law 
15th amendment (1870) - The right to vote regardless of race
17
Q

Methods to fight for race rights?

A
  • using the courts, notably the SC

- civil disobedience and mass demonstrations, such as the BLM campaign

18
Q

Effectiveness in fighting for race rights is questionable? (African-American districts)

A

There are currently 23 majority-minority African-American districts, with all but one representatives by an African-American

19
Q

What does the effectiveness of fighting for race rights suggest?

A
  • That in order to gain representation, race groups still rely on support from their own groups, rather than across the board.
  • In 2009, 4.7% of the African-American males were in prison; more than double any other race
20
Q

What is affirmative action quoted by Kennedy?

A

‘The contractor will take affirmative action to ensure that applicants are employed […] without regard to their race, creed, colour, or national origin’

21
Q

What is AA?

A

Kennedy introduced AA to try and reassess the historic injustices faced by race groups in America and to ensure they had equality of opportunity in the USA

22
Q

How did President Johnson take AA further?

A

In 1965 took this further, signing Executive order 11246, which required government department to hire more women and racial minorities

23
Q

How does AA work? And where has it worked within the education system?

A

Works to favour those who come from a historically disadvantaged group. E.g. the Regents of the University of California V Bakke case [1978], the medical school put 16 of their 100 spaces aside for racial minority applicants

24
Q

Positive public opinion on affirmative action?

A

✅A 2014 survey showed 63% of Americans support AA in colleges
✅Numerous Supreme Court cases have upheld AA in higher education, most recently Fisher V Texas [2016]
✅A 2009 survey showed that a majority of Americans favoured AA (although not preferential treatment!)

25
Q

Negative public opinion on Affirmative Action?

A

❌The same 2014 survey showed a majority of Democrats in favour AA, while a majority of Republicans opposed AA
❌The case of Grutter V Bollinger [2003] suggested that in 25 years or fewer, AA would not be necessary
❌Schuette V Coalition to Defend Affirmative Action [2014] upheld Michigan’s right to outlaw AA

26
Q

Clarence Thomas during the Fisher v Texas case?

A
  • Clarence Thomas (the only African-American justice) argued AA was discriminatory
  • “The alleged educational benefits of diversity cannot justify racial discrimination today”
  • Some note that Clarence Thomas himself benefited from AA
27
Q

The Supreme Court IS judicial

A

◾️Justices can only rule based on the Constitution (constitutional v unconstitutional) e.g. Snyder v Phelps [2011] 1st amendment upheld
◾️Justices are appointed based on their judicial experience, and rated as such by the ABA
◾️Constitution guarantees justices’ independence through life tenure and protected salaries

28
Q

The Supreme Court IS POLITICAL

A
  • The Court is usually ruling on a law or action of an elected branch (judicial review of proposed bills Texas v US struck down DAPA Obama)
  • The President, Congress and interest groups all try to influence the Court through the media and amicus curiae briefs e.g. Obergefell v Hodges [2015] 380 businesses coming together to support the business reasons behind why the Court should rule in favor of this most basic of human rights.
  • Justices are chosen and approved by political branches, and chosen for their predicted ideology e.g. George W Bush (Republican) Alito and Roberts
29
Q

The Supreme Court is an ‘imperial judiciary’?

A

✅The power of judicial review allows the Court to overrule elected branches e.g. Struck down Obama’s DAPA in Texas v US 2016
✅Justices are appointed for life and are almost impossible to remove e.g. Clarence Thomas has been a justice for 30 years. Judicial independence- tenure
✅The Supreme Court often chooses to decide on the cases that have biggest public impact e.g. receive around 8,000 cases a year but only hears between 60-100 of them. Snyder v Phelps 2011

30
Q

The Supreme Court isn’t an ‘imperial judiciary’?

A

❌The Court can only rule on the Constitution and nothing more
❌The Court has been reluctant to rule on some particularly controversial issues. E.g. there have only been 3 notable cases on gun control since 1990
❌The Court is subject to checks and balances e.g. impeachment, appointments from Executive ratification by Legislature.

31
Q

Effectiveness of rights protection
(Protected and Unprotected)

Abortion?

A

Protected:Roe v Wade [1973]
Not Protected:Numerous court cases have chipped away at this right. Gonzales v Carhart [2007] upholding a ban on partial birth abortion

32
Q

Effectiveness of rights protection?
(Protected and Not Protected)

Cruel and unusual punishment?

A

Protected:3 court cases for the same issue, years 2004,2006,2008 all struck down aspect of Guantanamo Bay, namely the right to access civilian court in the USA
Not Protected:That the court had to rule 3 times and that Guantanamo is still open, speaks to the courts lack of power

33
Q

Effectiveness of rights protection
(Protected and Not Protected)

Gun control?

A

Protected:Chicago v McDonald [2010]: right to gun ownership is protected
Not protected:2010 Alito said that is was not a right to ‘any gun, anywhere anytime’

34
Q

When did the Supreme Court take the power of judicial review over national law and state law?

A

In Marbury v Madison (1803) and over state law in Fletcher v Peck (1810)

35
Q

What is life tenure?

A

Justices leave the Supreme Court only through death, retirement or impeachment

36
Q

Where can SC own power be found?

A

The SC has its own power in Article III of the Constitution

US Politics And Government (6 decks)

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