Judiciary Flashcards
What is the structure of US courts
- US Supreme Court
-US Court of Appeals
-US district courts
What is layed out about the judiciary in the constitution
Congress can ordain and establish new courts
Judges hold office for life in good behaviour
No mention of judicial activism
No provision of number of judges
6 feature of the membership of the SC
8 judges
1 chief judges
All have an ideological stance
9 number was set by congress
FDR threat to pack the cour
They hold office for life
Presidents appoint judges who they share what with
Judicial philosophy
What does judicial philosophy mean
Ideological stance whether they are conservative or liberal
How many women in the Supreme Court
3/9 all left wing
What is a strict constructionist
Justices who interpret the constitution literally and stresses the retention of power by individual states
What is an origins list
A judge who interprets the constitution in line with meaning and intent of the founding fathers
Living constitution
Dynamic living document which should be interpreted and taken account of the views of todays society
Examples of president appointing based on judicial philosophy
Obama appointment of sotomayor and kagan
What is the basis of judicial review
There is no constitutional basis
What did the Marburg v Madison 1803 allow the court to rule
Acts of congress
Executive actions
State law
What is the most likely pool of recruitment to the SC
The federal court of appeals
Who does an SC nominee first appear to
The senate judiciary committee where hearings are held and they vote to recommend further scitom
What is wrong with the appointment process of SC
Politicisation of president, media and senate
ideological composition
6 republican
3 liberal
confirmation process of Justices
Article II- the president nominates a candidate and the senate provides advice and consent before shown before the court
first referred to the SJC
undergo investigations and hearings
a simple majority is needed for confirmation after a floor debate
brown v board of education 1854
resulted in desegregation of public schools across the country
what court was brown v board under
warren court
what court was roe v wade under
burger court 1969
bush v gore was under which state
Rehnquist court 2005
bush v gore
landmark decision settled by SC over presidential election
bush though FL recount was unconsitutional and in violation of the 14th amendment argued that article 2 had been violated by interpreting the law and making a new law
bush v gore ruling outcome
SC declared recount of FL was in violation of equal protection clause
recounts suspended and state was declared for bush
bush was elected president at EC
