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Judiciary Flashcards

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1
Q

judicial branch definition

A

system of courts that interpret and apply the nations laws

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2
Q

appeal definition

A

process by which either party in a court case can object to the verdict and ask a higher court to check it

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3
Q

supreme court definition

A

highest court in the federal judiciary and acts as final court of appeal
- does not concern itself with facts or guilty/innocent, instead focuses on cases of constitutional importance

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4
Q

district court

A
  • where witnesses are heard and judges decide whether accused is innocent or guilty
  • can be appealed in the US Courts of Appeals (circuit courts)a
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5
Q

appeal courts

A
  • do not try cases as there is no jury
  • judges review the decisions made in the trial to make sure law was applied successful
  • may overrule decision of district courts
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6
Q

supreme court role

A
  • a judgement made by the Court of Appeal can be appealed to the Supreme Court which is asked to review 7,000+ cases every year
  • agree to hear 100-150 per year
  • constitutional supremacy gives supreme court enormous power
  • considers rulings passed and whether they were constitutional or not
  • can declare actions of the executive unconstitutional
  • judicial review
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7
Q

presidential selection of the nominee

A
  • life tenure means a seat only becomes available when a justice dies/retires/is impeached
  • presidents team draws up list of possible nominees taking in suggestions from advisers and experts
  • must be confirmed by senate
  • possible candidates shortlisted and background checked by white house lawyers and FBI
  • presidents interview last few candidates
  • announce their nominee resulting in massive media attention and public round of scrutiny
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8
Q

presidential selection: what to consider

A
  • have to consider judicial experience, knowledge, professional standing and reputation, history and integrity
  • rulings on previous cases closely scrutinised
  • presidents aim to appoint judges who share same ideology
  • everything looked into with the aim of uncovering anything that may be counted against them (Justice Kennedy interviewed by FBI for 10 hours)
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9
Q

senate confirmation of the appointment

A
  • nominee considered by Senate Judiciary Committee
  • completes lengthy questionnaire covering previous experience amd rulings
  • witnesses assess suitability and nominees are interviewed by committee in televised hearing
  • SJC then votes as recommendation to senate (indicates ease/difficulty of nominee being confirmed)-
  • nominees for whom the committee vote divides on partisan lines are likely to see same divide in senate as a whole
  • simple majority enough for confirmation
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10
Q

senate confirmation: judicial experience

A
  • most nominees come from federal Courts of Appeals (2021, 8/9 judges from appeal court)
  • not necessary for judges to have judicial experience (Elena Kagan was a solicitor)
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11
Q

senate confirmation: support needed

A
  • needs 60/100 senators to support
  • old rules allowed any senator to filibuster and 60 votes needed to cloture
  • democratic controlled senate changed rules to a simple majority (result of increased partisanship)
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12
Q

filibuster and cloture definition

A

filibuster = tactic used in the senate to prevent a vote. senators can debate for as long as they wish, the aim is to make the speech long enough to use up all available voting time

cloture = simple majority vote to end a filibuster

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13
Q

controversial nominations: Merrick Garland and Amy Coney Barret

A
  • Obama nominated Garland but senate would not consider him as there was an election coming up , Democrats argued this was unprecedented as president has right to nominate anyone they please
  • Despite the election being soon, republicans were eager to get Barrett confirmed quickly, Trump said he wanted her in before the election so she may rule in his favour if he chose to appeal the election result
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14
Q

controversial nominations: Clarence Thomas and Brett Kavanaugh

A
  • Bush nominated Thomas to become the second black justice, nomination was derailed by accusations of sexual harassment
  • Trump nominated Kavanaugh was thrown into jeopardy by an accusation of sexual misconduct
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15
Q

independance once appointed

A
  • judges are completely independant once appointed
  • president’s ability to influence is gone once justice is in position
    -Bush appointed Souter who surprisingly became liberal
  • justices have ruled against the presidents that appointed them (Ginsburg and Clinton)
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16
Q

the selection and appointment process is not fit for purpose

A
  • president chooses nominees that support same political philosophy
  • justices selected for their record on issues
  • questioning by the SJC may be focused on embarrassing the nominee instead of analysing
  • if senate is held by the presidents party, there is less effective scrutiny
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17
Q

the selection and appointment system is fit for its purpose

A
  • detailed scrutiny of any nominee, controversial things are almost certainly uncovered
  • several opportunities for unsuitable candidates to be withdrawn
  • SJC members are experts
  • justices are independant once appointed
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18
Q

role of the chief justice

A
  • chairs the court
  • decides which justices will write opinions on which cases
  • influences the character of the judgements the court makes
  • administering the oath of office at presidential inaugurations
  • chairs president impeachment trial
  • court named after chief justice
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19
Q

why 9 justices?

A
  • odd number prevents tied decisions
  • there has been period where less than 9 judges have tried a case (eg. only 8 after Scalia’s death in 2016 until Neil Gorsuch)
  • justice may remove themself if they’re too close to a case
  • min. 6 needed
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20
Q

balance in the supreme court

A
  • Anthony Kennedy was known as the ‘swing vote’ appointed by republican and made both conservative and liberal judgements (he wrote the majority opinion for Obergefell v Hodges)
  • after came Brett Kavanaugh who made mostly conservative judgements
  • SC makes many judgements that don’t split neatly across con and lib lines (many not inherently political)
  • court regularly reaching unanimous decisions (shows in some case, political opinions are irrelevant)
  • from 2018-2019 less than 50% of judgements were 5-4
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21
Q

diversity in supreme court

A
  • only 5 women have ever sat on court
  • currently 3 female justices
  • only 2 african americans have sat on the court
  • Sonia Sotomayor first and only hispanic judge
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22
Q

the nature of judicial power

A

SC can:
- declare actions of the executive as unconstitutional
- declare laws to be unconstitutional

23
Q

strict constructionism

A

a judicial approach in which the constitution is followed closely as possible when making judgements
- constitution is a precise legal document which requires consent of 2/3 of both houses of congress and 3/4 of state legislatures
- the constitution is not living but dead - Scalia
- prefered by republicans (eg. Gorsuch, Kavanaugh, Coney Barrett)
- most judgements made by originalists are conservative

24
Q

originalism

A

a judicial approach in which the language and words in the constitution are interpreted according to the original intentions of the framers

25
Q

loose constructionism

A

= a judicial approach in which the constitution is interpreted more loosely, according to a modern context
- eg. Ruth Bader Ginsburg
- usually appointed by democrat presidents
- usually makes liberal judgements

26
Q

views of interpretive approaches

A

-liberals say strict constructionism prevents necessary and positive change
- conservatives argue that updating the constitution is a power grab by unelected justices
- not all focus on a type of constructionism, Sonia Sotomayor (lib) argued the decision making process is much more complex
- come conservative justices resist the titles John Roberts explained he does not have an all encompassing approach

27
Q

SC as a protector of citizens rights

A
  • ultimate court of appeal
  • can strike down laws if they do not comply with the bill of rights
  • interprets rights and liberties within constitution
28
Q

First amendment: freedom of religion

A
  • court must strike a balance between avoiding an ‘established’ religion while allowing citizens to freely practise their religion
  • Burwell v Hobby Lobby Stores = strict down part of Affordable Care Act that made businesses contribute to insurance that may be used for contraception
29
Q

First amendment: freedom of speech

A
  • political donations seen as expression of free speech and must be protected by the courts
  • Citizens United v FEC = court ruled that corporations etc had same right to free speech as individuals
30
Q

Eighth amendment; the death penalty

A
  • legal in 31 states
  • SC court focuses on what counts as ‘cruel and unusual punishments’
  • Baze v Rees = court ruled lethal injection not cruel and unusual
31
Q

the significance of judicial review

A
  • United States v Texas = struck down Obama’s executive order giving indefinite delay in deportation to around 5 million illegal immigrants
  • courts decision almost always stands
  • not explicitly in the constitution byt established by SC judgement (Marbury v Madison - first time court struck down an act of congress)
32
Q

political significance of SC: political appointees

A
  • balance of court watched very closely
  • current con majority (6-3)
  • the health of older appointees of continual importance to the media (Ruth Bader Ginsburg making headlines before her death)
33
Q

political significance of SC: controversial rulings

A
  • eg. abortion, affirmative action, gun control, marriage rights
  • landmark rulings = judgement establishes new legal principle (eg, Roe v Wade, Obergefell v Hodges)
  • same effect as a new law but lacked democratic mandate
  • court has also intervened with electoral process (Bush v Gore florida recount was unconstitutional - controversial as it decided a general election, con justices voted n Bush’s favour)
34
Q

political significance of SC: quasi-legislative body

A
  • through their decisions on certain cases they have created new rights
  • critics have argued the court has moved beyond its constitutional role of interpreting law, they’re now making the law
  • strict constructionists argue same sex marriage was never mentioned in the constitution and condemn justices for legislating from the bench
  • as the court’s decision can only be overruled by court itself or an amendment, landmark ruling much more difficult to reverse
35
Q

political significance of SC: judicial restraint

A
  • conservative justices claim to practice judicial restraint (rule in line with past precedent, avoiding conflict with other branches, rarely overturning)
36
Q

stare decisis definition

A

‘to stand by things decided’

37
Q

judicial activism definition

A

decisions by judges that are aimed at improving society
- judges engaged in judicial activism are likely to strike down laws and rule against executive actions

38
Q

examples of judicial activism

A

Brown v Topeka - struck down the doctrine of ‘separate but equal’ facilities for white and black americans (justice Earl Warren strived to achieve consensus

39
Q

federalism

A
  • SC has frequently made judgements that have overruled state laws
  • eg. District of Columbia v Heller SC ruled that banning of handguns was unconstitutional as right to bear arms cannot be overruled
  • Obergefell v Hodges legalised same sex marriage in all states
40
Q

parties opinions on SC influence on federalism

A
  • conservatives believe diversity between states is essential and oppose restrictions
  • liberals argue that states rights have been used to justify discrimination (civil rights advances would not have occurred without SC judgements that applied to all states)
41
Q

SC too political

A
  • unelected body can make important changes to most controversial issues
  • nomination and confirmation process
  • Roe v Wade remains key dividing line
  • increasing power of the federal government at expense of states rights
42
Q

SC not too political

A
  • justices are independant and free from political influence
  • decisions made on the basis of legal argument not political principles
  • some justices don’t always vote the same way (eg. Anthony Kennedy the ‘swing’ vote)
43
Q

Brown v Topeka

A
  • lawsuit after children were denied access to local all-white school, forcing them to travel miles to an all-black school
  • NAACP supported the legal challenge
  • supported by Marshall who would then become the first black justice
  • Jim crow laws (separate but equal) and facilities legitimised and entrenched ideas of racial inferiority in the south
  • SC ruled segregation caused inequality
44
Q

effect of Brown v Topeka

A
  • in south it was seen as attack on states rights
  • led to confrontation at Little Rock
  • key victory in growing the civil rights movement
  • product of Earl Warren’s activist court
45
Q

Obergefell v Hodges

A
  • Obergefell married his husband in Maryland but Ohio did not recognise the marriage as legal
  • judgement focused on the ‘equal protection’ clause of the 14th amendment
  • court ruled 5-4
  • judgement legalised same sex marriage across the USA
46
Q

effect of Obergefell v Hodges

A
  • majority of justices took loose constructionist approach
  • fundamental change made by unelected body
  • strict constructionists argued they were ‘legislating from the bench’
  • dissenting judges argued the right to religious freedom was being infringed
47
Q

Roe v Wade

A
  • Roe was pregnant but abortion was illegal in Texas
  • two young female lawyers took on the case and challenged the right of Texan law to deny abortion
  • SC ruled 7-2 that:
    1st trimester = unrestricted right to abortion
    2nd trimester = states regulate abortion only in interest of mothers health
    3rd trimester = abortion banned unless there was a risk to maternal life or health
48
Q

effect of Roe v Wade

A
  • gave women a constitutional right to personal choice regarding their bodies
  • abortion became hugely divisive political issue (pro-life v pro-choice)
  • ruling had same effect as passing a law (conservatives said they were legislating from the bench)
49
Q

Planned Parenthood v Casey

A
  • applied stare decisis and did not overturn Roe v Wade
  • court accepted the right of states to regulate abortion in the early stages of pregnancy
  • weakened abortion rights
50
Q

Gonzales v Carhart

A
  • challenge to Partial-Birth Abortion Ban Act
  • act banned a certain type of abortions in late-term pregnancies in which the head is removed from the foetus before it dies
  • 5-4 vote upheld ban (all 5 were catholic)
  • weakened abortion rights
  • conservatives started trying to erode abortion rights instead of trying to overturn Roe v Wade
51
Q

WWH v Hellerstedt

A
  • series of restriction passed by conservatives called TRAP (Targeted Regulation of Abortion Providers) laws intended to reduce availability of abortions
  • eg. corridor width, size requirement for room, minimum distance from nearest hospital
  • case challenged TRAP laws and court ruled 5-3 that these restrictions placed an ‘undue burden’ on women
  • great success for pro-choice movement
52
Q

Trump’s conservative court

A
  • greatest challenge to Roe v Wade
  • Trump claimed it would be overturned automatically if he became president as he was appointing two pro-life justices (Gorsuch and Kavanaugh who openly said they would practice judicial restraint)
  • Kavanaugh’s appointment made conservative majority
  • many state legislatures with conservative majority passed many TRAP laws (eg. heartbeat bills where abortion banned if there is a heartbeat, near total ban on abortions in Alabama)
  • Roe v Wade overturned in 2022, under Biden
  • currently 6-3 conservative majority
53
Q
A

US Politics (8 decks)

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