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Judiciary Flashcards

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1
Q

What kind of court is the SCOTUS?

A

Appellate Court

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2
Q

What is their constitutional role?

A

Settle conflicts between states

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3
Q

When was Marbury v Madison?

A

1803

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4
Q

What did Marbury v Madison establish?

A

Judicial Review

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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

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6
Q

What is the first step in the appointments process?

A

A vacancy must arise - only when someone dies, retires or is impeached

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7
Q

Who draws up the recruitment pool?

A

President’s team draws up a list of possible nominees

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8
Q

What factors must be considered?

A

Judicial experience, legal knowledge, professional standing and reputation, personal history and integrity

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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

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10
Q

What is a president’s aim?

A

Appoint judges who will share their vie of how the Constitution should be interpreted

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11
Q

Who does the background check on the candidates?

A

WH lawyers and FBI - find things against them

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12
Q

What happened to Justice Kennedy?

A

Interviewed for 10 hours by the FBI on a range of topics

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13
Q

Who interviews the final candidates?

A

The President

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14
Q

What happens after the presidential nomination is announced?

A

Media Scrutiny - sometimes uncovers issues that spark controversy

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15
Q

Who had to be withdrawn for smoking weed as a professor?

A

Douglas Ginsburg in 1987

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16
Q

What does the Senate Judiciary committee do?

A

Considers the nominee - questionnaire needs to be completed.

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17
Q

How many of the justices in 2021 sat on the CoA?

A

8/9

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18
Q

Who had never been a judge and was previously a solicitor general?

A

Elena Kagan

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19
Q

What helps the committee to assess the suitability of candidates?

A

Witnesses

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20
Q

Where are nominees interviewed?

A

On a televised interview

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21
Q

What tends to suggest how easy it is going to be to pass the nominee?

A

The Committee Vote

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22
Q

What was RBG’s committee vote?

A

Unanimous yes - passed by 96-3 senators

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23
Q

What was Clarence Thomas’ committee vote?

A

Partisan divide - approved by 52-48 in the Senate

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24
Q

How much did a nominee need from the Senate?

A

60/100 - allowed senators to filibuster a nomination

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25
Q

When did the rule change?

A

2013 - Dem changed the cloture rules for nominations to the exec branch and the federal judiciary but not the SCOTUS

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26
Q

What was the nuclear option?

A

Allowed cloture to be invoked by a simple majority

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27
Q

When was the nuclear option extended to the SCOTUS?

A

2017 - stop the Dems from filibustering Gorsuch - result of partisanship

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28
Q

Who didn’t receive a single minority party vote?

A

Amy Coney Barrett

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29
Q

When was the last defeat?

A

1987 - Robert Bork

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30
Q

When was the last time a nominee was withdrawn?

A

2005 - Harriet Miers - ABA rating as unqualified

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31
Q

Who is the only SC to be appointed with a below well qualified rating?

A

Clarence Thomas

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32
Q

How long is the longest term for a SCOTUS justice?

A

36 years

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33
Q

How long has Thomas been on the bench?

A

31 years

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34
Q

Who was blocked from having a hearing in 2016?

A

Merrick Garland

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35
Q

Who became a more liberal judge?

A

John Paul Stevens

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36
Q

Who became more liberal and worked as a swing vote?

A

Roberts - Moore v Texas 2017

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37
Q

What was Roberts’ appointment like?

A

Bush - 2005 - 13-5 in Committee, 78-22 in Senate

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38
Q

What was Thomas’ appointment like?

A

Bush - 1991 - 13-1 in Committee - 52-48 in Senate

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39
Q

What was Alito’s appointment like?

A

Bush - 2006 - 10-8 in Committee - 58-42 in Senate

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40
Q

What was Sotomayor’s appointment like?

A

Obama - 2009 - Senate 67-29

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41
Q

What was Kagan’s appointment like?

A

Obama - 2010 - Committee = 13-6, 63-37 in the Senate

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42
Q

What was Gorsuch’s appointment like?

A

Trump, 2017, 11-9 Committee, 54-45 in Senate

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43
Q

What was Kavanaugh’s appointment like?

A

Trump, 2018, Committee = 11-10 - 54-50 Senate

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44
Q

What was Coney Barrett’s appointment like?

A

Trump, 2020 - Committee - 12-0 - all Dems boycott - 52-48 Senate

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45
Q

What was Brown Jackson’s appointment like?

A

Biden - 2022 - Committee = 11-11 - 53-47 Senate

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46
Q

What do strict constructionists believe?

A

Should be read literally and narrowly - judges would twist actual meaning to support own views - as the FFI.

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47
Q

What do originalists believe?

A

Should be interpreted based on its original meaning - Antonio Scalia - restraint - accept precedents.

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48
Q

Who do loose constructionists believe?

A

Meaning should evolve to reflect changes in society, reflect modern standards - RBG - legislating from the bench = criticism. Activism

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49
Q

Who is a textualist?

A

Clarence Thomas

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50
Q

What act was passed in 1933?

A

National Industry Recovery Act

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51
Q

What did the National Industry Recovery Act do?

A

National Recovery Administration to set new regulations and codes established. Minimum wage, prices, working standards

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52
Q

What was Schechter Poultry Corp v US?

A

SCOTUS rules act exceeded powers under commerce clause - wages and standards did not count as commerce despite being tied to it.

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53
Q

When was US v Lopez?

A

1995

54
Q

When was Roe vs Wade?

A

1973

55
Q

Who is a strict constructionist?

A

Gorsuch

56
Q

Who is a loose constructionist?

A

Breyer

57
Q

Why should the constitution be interpreted strictly?

A

Amendment process is deliberately hard - unelected judges should not be interpreting it willy nilly

58
Q

What is more objective?

A

Originalist approach - based upon the original understanding of the text, not personal opinions

59
Q

What does originalism ensure?

A

Decisions are more consistent and predictable

60
Q

When was the Warren Court? 1

A

1953-1969

61
Q

When was the Burger court?

A

1969-1986

62
Q

When was the Rehnquist Court?

A

1985-2005

63
Q

When was the Roberts Court?

A

2005-2022

64
Q

When was Engels vs Vitale?

A

1962

65
Q

What was Engels vs Vitale?

A

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
Q

What was the ruling of Engels vs Vitale?

A

6-1 judgement in favour of Engels

67
Q

When was Abington Township vs Schempp?

A

1963

68
Q

What was Abington Township vs Schempp?

A

Pen state law - start the day with bible class - 10 chapters from the bible and study it - Lords Prayer is optional.

69
Q

What was the judgement on Abington Township vs Schempp?

A

8-1 - in favour of Schempp

70
Q

When was Gideon v Wainwright?

A

1963

71
Q

What was Gideon v Wainwright?

A

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
Q

What was the Gideon v Wainwright verdict?

A

Unanimous in favour of Gideon - retrial - introduction of the innocence tax - 2,000 prisoners freed

73
Q

When was Brown v Board?

A

1954

74
Q

What was the Brown v Board verdict?

A

Unanimous - segregation is illegal

75
Q

When was Miranda vs Arizona?

A

1966

76
Q

What was Miranda vs Arizona?

A

He signs a confession but lawyers says that the document shouldn’t exist because he wasn’t read his rights

77
Q

What was the result of Miranda vs Arizona?

A

Supreme Court - trial inoperative - 5-4 decision - 2,000 people immediately released from prison. Miranda Rights - straight away.

78
Q

When was Wallace v Jaffree?

A

1985

79
Q

What was Wallace vs Jaffree?

A

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
Q

What was the ruling on Wallace v Jaffree?

A

6-3 decision in favour of Jaffree - upheld CoA judgement - no to prayer and reciting prayer but yes to meditation

81
Q

When was NYT v US?

A

1971

82
Q

What was NYT v US?

A

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
Q

What was the NYT v US decision?

A

6-3 decision to publish the papers - too general

84
Q

When was Buckley v Valeo?

A

1974

85
Q

What was Buckley v Valeo?

A

Federal Election Campaign Act 1974 - focussing on money to stop corruption - unconstitutional - freedom of speech through money

86
Q

What was the ruling on Buckley v Valeo?

A

Soft money allowed, hard money allowed to be limited

87
Q

What was the Roe v Wade result?

A

7-2

88
Q

When was Furman vs Georgia?

A

1972

89
Q

What was Furman v Georgia?

A

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
Q

What was the result of Furman v Georgia?

A

5-4 - cruel that the punishment is mandatory - 2 years after - all death sentences were suspended

91
Q

When was Zelman vs Simmons-Harris?

A

2002

92
Q

What was Zelman vs Simmons-Harris?

A

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
Q

How many private schools in ohio are religious?

A

82% - 96% of all people using the cheques chose religious schools

94
Q

What was the judgement on Zelman vs Simmons-Harris?

A

5-4 - there is no harm - school vouchers allowed

95
Q

When was Rankin vs McPherson?

A

1987

96
Q

What was Rankin vs McPherson?

A

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
Q

What was the ruling?

A

5-4 in favour of McPherson

98
Q

When was Texas vs Johnson?

A

1989

99
Q

What was Texas v Johnson?

A

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
Q

What was the Texas v Johnson decision?

A

5-4 in favour of Johnson - lead to Reno vs ACLU

101
Q

When was McConnell vs FEC?

A

2004

102
Q

What was McConnell vs FEC?

A

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
Q

What was the McConnell vs FEC decision?

A

5-4 decision - BICRA upheld

104
Q

When was Casey?

A

1992

105
Q

What was Casey?

A

Challenge to five provisions of the Pennsylvania and Abortion Control Act of 1982 - waiting period, spousal notice, parental consent for minors.

106
Q

What was Casey’s decision?

A

Upheld Roe vs Wade - established undue burden

107
Q

What was US v Lopez?

A

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
Q

What was the SC decision on Lopez?

A

5-4 in favour of Lopez - Congress had overstepped their power

109
Q

When was Gore v Bush?

A

2000

110
Q

What was Gore v Bush?

A

Issue of Hanging Chads

111
Q

What was the decision?

A

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
Q

When was Dickenson v US?

A

2000

113
Q

What was Dickenson v US?

A

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
Q

What was the decision of Dickenson v Us?

A

7-2 decision - he voted to allow something he disagreed with - culturally ingrained and accepted that you get read your rights

115
Q

When was Burwell vs Hobby Lobby?

A

2014

116
Q

What was Burwell vs Hobby Lobby?

A

Hobby Lobby provides health insurance for their employees - Obamacare - covers contraception and abortion services - doesn’t like abortion

117
Q

What was the ruling of Burwell vs Hobby Lobby?

A

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
Q

When was Citizens United vs FEC?

A

2010

119
Q

What was Citizens United vs FEC?

A

“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
Q

What was the decision?

A

4-4 - businesses, unions etc. can’t be limited during election times - freedom of speech

121
Q

When was Heller vs D.C.

A

2008

122
Q

What was Heller vs D.C.?

A

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
Q

What was the Heller vs D.C. ruling?

A

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
Q

When was Whole Woman’s Health v Hellerstadt?

A

2016

125
Q

What was Whole Woman’s Health v Hellerstadt?

A

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
Q

What was the result of Women’s health?

A

5-3 - shut the clinics down

127
Q

What was the ruling of Dobbs v Jackson?

A

6-3

128
Q

When was National Fed vs Sebelius?

A

Individual mandate to buy health insurance as a constitutional exercise of Congress’ Taxing and Spending Clause. Obama’s Affordable Care Act signed

129
Q

What was the decision of Sebelius?

A

5-4 - Obamacare is a tax - there’s a fine if you don’t have it

130
Q

When was Boumediene v Bush

A

2000

131
Q

What was the Bush decision?

A

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

USA Government and Politics (7 decks)

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