Judiciary Flashcards
1
Q
What kind of court is the SCOTUS?
A
Appellate Court
2
Q
What is their constitutional role?
A
Settle conflicts between states
3
Q
When was Marbury v Madison?
A
1803
4
Q
What did Marbury v Madison establish?
A
Judicial Review
5
Q
Does the SCOTUS have power?
A
Not really - they can stop other people doing stuff but not to push forward their own agenda
6
Q
What is the first step in the appointments process?
A
A vacancy must arise - only when someone dies, retires or is impeached
7
Q
Who draws up the recruitment pool?
A
President’s team draws up a list of possible nominees
8
Q
What factors must be considered?
A
Judicial experience, legal knowledge, professional standing and reputation, personal history and integrity
9
Q
What do they look at if the nominee is a judge?
A
Look at rulings on previous cases to see how they vote in the future
10
Q
What is a president’s aim?
A
Appoint judges who will share their vie of how the Constitution should be interpreted
11
Q
Who does the background check on the candidates?
A
WH lawyers and FBI - find things against them
12
Q
What happened to Justice Kennedy?
A
Interviewed for 10 hours by the FBI on a range of topics
13
Q
Who interviews the final candidates?
A
The President
14
Q
What happens after the presidential nomination is announced?
A
Media Scrutiny - sometimes uncovers issues that spark controversy
15
Q
Who had to be withdrawn for smoking weed as a professor?
A
Douglas Ginsburg in 1987
16
Q
What does the Senate Judiciary committee do?
A
Considers the nominee - questionnaire needs to be completed.
17
Q
How many of the justices in 2021 sat on the CoA?
A
8/9
18
Q
Who had never been a judge and was previously a solicitor general?
A
Elena Kagan
19
Q
What helps the committee to assess the suitability of candidates?
A
Witnesses
20
Q
Where are nominees interviewed?
A
On a televised interview
21
Q
What tends to suggest how easy it is going to be to pass the nominee?
A
The Committee Vote
22
Q
What was RBG’s committee vote?
A
Unanimous yes - passed by 96-3 senators
23
Q
What was Clarence Thomas’ committee vote?
A
Partisan divide - approved by 52-48 in the Senate
24
Q
How much did a nominee need from the Senate?
A
60/100 - allowed senators to filibuster a nomination
25
When did the rule change?
2013 - Dem changed the cloture rules for nominations to the exec branch and the federal judiciary but not the SCOTUS
26
What was the nuclear option?
Allowed cloture to be invoked by a simple majority
27
When was the nuclear option extended to the SCOTUS?
2017 - stop the Dems from filibustering Gorsuch - result of partisanship
28
Who didn't receive a single minority party vote?
Amy Coney Barrett
29
When was the last defeat?
1987 - Robert Bork
30
When was the last time a nominee was withdrawn?
2005 - Harriet Miers - ABA rating as unqualified
31
Who is the only SC to be appointed with a below well qualified rating?
Clarence Thomas
32
How long is the longest term for a SCOTUS justice?
36 years
33
How long has Thomas been on the bench?
31 years
34
Who was blocked from having a hearing in 2016?
Merrick Garland
35
Who became a more liberal judge?
John Paul Stevens
36
Who became more liberal and worked as a swing vote?
Roberts - Moore v Texas 2017
37
What was Roberts' appointment like?
Bush - 2005 - 13-5 in Committee, 78-22 in Senate
38
What was Thomas' appointment like?
Bush - 1991 - 13-1 in Committee - 52-48 in Senate
39
What was Alito's appointment like?
Bush - 2006 - 10-8 in Committee - 58-42 in Senate
40
What was Sotomayor's appointment like?
Obama - 2009 - Senate 67-29
41
What was Kagan's appointment like?
Obama - 2010 - Committee = 13-6, 63-37 in the Senate
42
What was Gorsuch's appointment like?
Trump, 2017, 11-9 Committee, 54-45 in Senate
43
What was Kavanaugh's appointment like?
Trump, 2018, Committee = 11-10 - 54-50 Senate
44
What was Coney Barrett's appointment like?
Trump, 2020 - Committee - 12-0 - all Dems boycott - 52-48 Senate
45
What was Brown Jackson's appointment like?
Biden - 2022 - Committee = 11-11 - 53-47 Senate
46
What do strict constructionists believe?
Should be read literally and narrowly - judges would twist actual meaning to support own views - as the FFI.
47
What do originalists believe?
Should be interpreted based on its original meaning - Antonio Scalia - restraint - accept precedents.
48
Who do loose constructionists believe?
Meaning should evolve to reflect changes in society, reflect modern standards - RBG - legislating from the bench = criticism. Activism
49
Who is a textualist?
Clarence Thomas
50
What act was passed in 1933?
National Industry Recovery Act
51
What did the National Industry Recovery Act do?
National Recovery Administration to set new regulations and codes established. Minimum wage, prices, working standards
52
What was Schechter Poultry Corp v US?
SCOTUS rules act exceeded powers under commerce clause - wages and standards did not count as commerce despite being tied to it.
53
When was US v Lopez?
1995
54
When was Roe vs Wade?
1973
55
Who is a strict constructionist?
Gorsuch
56
Who is a loose constructionist?
Breyer
57
Why should the constitution be interpreted strictly?
Amendment process is deliberately hard - unelected judges should not be interpreting it willy nilly
58
What is more objective?
Originalist approach - based upon the original understanding of the text, not personal opinions
59
What does originalism ensure?
Decisions are more consistent and predictable
60
When was the Warren Court? 1
1953-1969
61
When was the Burger court?
1969-1986
62
When was the Rehnquist Court?
1985-2005
63
When was the Roberts Court?
2005-2022
64
When was Engels vs Vitale?
1962
65
What was Engels vs Vitale?
Non-denominational voluntary school prayer each morning written by the school body - Engel hears the prayer - doesn't have to say it - has to stand there - made by his school under NYS law - violates rights - enforcement of religion upon him - takes NYS to court.
66
What was the ruling of Engels vs Vitale?
6-1 judgement in favour of Engels
67
When was Abington Township vs Schempp?
1963
68
What was Abington Township vs Schempp?
Pen state law - start the day with bible class - 10 chapters from the bible and study it - Lords Prayer is optional.
69
What was the judgement on Abington Township vs Schempp?
8-1 - in favour of Schempp
70
When was Gideon v Wainwright?
1963
71
What was Gideon v Wainwright?
G is a suspect in a break in and robbery at the Bay harbour pool room 5:30 in the morning. Things have been smashed etc. G had been drinking and someone reported him. Witness. Goes to court - tried for burglary - does he have council - USC says he's entitled to be represented by council. Florida law - council for big cases - nothing in either state or US constitution saying he has right to council.
72
What was the Gideon v Wainwright verdict?
Unanimous in favour of Gideon - retrial - introduction of the innocence tax - 2,000 prisoners freed
73
When was Brown v Board?
1954
74
What was the Brown v Board verdict?
Unanimous - segregation is illegal
75
When was Miranda vs Arizona?
1966
76
What was Miranda vs Arizona?
He signs a confession but lawyers says that the document shouldn't exist because he wasn't read his rights
77
What was the result of Miranda vs Arizona?
Supreme Court - trial inoperative - 5-4 decision - 2,000 people immediately released from prison. Miranda Rights - straight away.
78
When was Wallace v Jaffree?
1985
79
What was Wallace vs Jaffree?
Alabama law authorised teachers to set aside one minute at the start of each day for a moment for "meditation or voluntary prayer". Jaffree - son being made fun of by peers because he refused to say prayers
80
What was the ruling on Wallace v Jaffree?
6-3 decision in favour of Jaffree - upheld CoA judgement - no to prayer and reciting prayer but yes to meditation
81
When was NYT v US?
1971
82
What was NYT v US?
Pentagon Papers - landmark decision - conflict happening in the Vietnam War - since LBJ - carried on by Nixon - 1971 - 58,000 Americans dead in this conflict.
83
What was the NYT v US decision?
6-3 decision to publish the papers - too general
84
When was Buckley v Valeo?
1974
85
What was Buckley v Valeo?
Federal Election Campaign Act 1974 - focussing on money to stop corruption - unconstitutional - freedom of speech through money
86
What was the ruling on Buckley v Valeo?
Soft money allowed, hard money allowed to be limited
87
What was the Roe v Wade result?
7-2
88
When was Furman vs Georgia?
1972
89
What was Furman v Georgia?
Furman steals the tv and sell it and get the money. Take a gun with him. Drops the TV - falls over - kills the guy - didn’t intend to kill him - under Georgian law - right as the prosecutor to deter future criminals - someone dies during a crime happening - first degree murder
90
What was the result of Furman v Georgia?
5-4 - cruel that the punishment is mandatory - 2 years after - all death sentences were suspended
91
When was Zelman vs Simmons-Harris?
2002
92
What was Zelman vs Simmons-Harris?
Secretary of State for Education gives the parents cheque for the money they would have spent in the public school to put into the private school system.
93
How many private schools in ohio are religious?
82% - 96% of all people using the cheques chose religious schools
94
What was the judgement on Zelman vs Simmons-Harris?
5-4 - there is no harm - school vouchers allowed
95
When was Rankin vs McPherson?
1987
96
What was Rankin vs McPherson?
Texas Clerical Employee - Deputy Constable McPherson - 1981 - newsflash - radio - attempted assassination of Reagan - says that she hopes they get him next time. Sargent hears - fires her for wishing the assassination of the president.
97
What was the ruling?
5-4 in favour of McPherson
98
When was Texas vs Johnson?
1989
99
What was Texas v Johnson?
Texas state legislature passes a law that says that you can't desecrate a Texan or American flag. Johnson is fed up with the country and burns the US flag in front of state Congress - arrested and imprisoned - infringement of freedom of speech
100
What was the Texas v Johnson decision?
5-4 in favour of Johnson - lead to Reno vs ACLU
101
When was McConnell vs FEC?
2004
102
What was McConnell vs FEC?
BICRA - Bi Partisan Campaign Reform Act - Buckley vs Valeo - Pressure Groups - Soft Money. 60 day limit on advertising before an election - limit the amount of money that can be spent on these - claims his campaign is being inhibited
103
What was the McConnell vs FEC decision?
5-4 decision - BICRA upheld
104
When was Casey?
1992
105
What was Casey?
Challenge to five provisions of the Pennsylvania and Abortion Control Act of 1982 - waiting period, spousal notice, parental consent for minors.
106
What was Casey's decision?
Upheld Roe vs Wade - established undue burden
107
What was US v Lopez?
San Antonio high school student challenge to the Gun-Free School Zones Act of 1990 - banned possession of handguns within 1,000 feet of a school.
108
What was the SC decision on Lopez?
5-4 in favour of Lopez - Congress had overstepped their power
109
When was Gore v Bush?
2000
110
What was Gore v Bush?
Issue of Hanging Chads
111
What was the decision?
5-4 in favour of Bush - not fair to only do recounts in three areas, had to be the whole state - no cherry picking
112
When was Dickenson v US?
2000
113
What was Dickenson v US?
Dickenson is the getaway driver - waiting for everyone to come out - bank doing a raid - foiled by the police - says he knows his Miranda rights and is guilty
114
What was the decision of Dickenson v Us?
7-2 decision - he voted to allow something he disagreed with - culturally ingrained and accepted that you get read your rights
115
When was Burwell vs Hobby Lobby?
2014
116
What was Burwell vs Hobby Lobby?
Hobby Lobby provides health insurance for their employees - Obamacare - covers contraception and abortion services - doesn't like abortion
117
What was the ruling of Burwell vs Hobby Lobby?
4-4 ruling - decided to get rid of abortion and contraception - couldn't go against the public opinion of Obamacare - only applies to family business
118
When was Citizens United vs FEC?
2010
119
What was Citizens United vs FEC?
"Hilary: the Movie" - all about Hilary Clinton - expose - not about Obama - implies that the democrats are all in it together - want to show this during the campaign - can't because of the 60 day limit
120
What was the decision?
4-4 - businesses, unions etc. can't be limited during election times - freedom of speech
121
When was Heller vs D.C.
2008
122
What was Heller vs D.C.?
When it is not being used - gun must be in a locked and secure place - unloaded - ammo in a different place. Heller - home invasion - takes too long.
123
What was the Heller vs D.C. ruling?
4-5 in favour of heller - right to gun should not be impeded - actually gave a clear definition of the second amendment - second half is most important
124
When was Whole Woman's Health v Hellerstadt?
2016
125
What was Whole Woman's Health v Hellerstadt?
Texas - if abortion clinics don't have ambulatory clinics if something goes wrong in the abortion - lead to no abortion clinics in missouri, oklahoma and kansas.
126
What was the result of Women's health?
5-3 - shut the clinics down
127
What was the ruling of Dobbs v Jackson?
6-3
128
When was National Fed vs Sebelius?
Individual mandate to buy health insurance as a constitutional exercise of Congress' Taxing and Spending Clause. Obama's Affordable Care Act signed
129
What was the decision of Sebelius?
5-4 - Obamacare is a tax - there's a fine if you don't have it
130
When was Boumediene v Bush
2000
131
What was the Bush decision?
5-4 - held that prisoners had a right to the writ of habeas corpus under the Constitution and that the military Commissions Act of 2006 was unconstitutional
