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Judiciary Flashcards

1
Q

Describe the role of the Supreme Court in the judicial branch of government.

A

The Supreme Court is the highest court in the federal judiciary and acts as the final court of appeal, focusing on cases of constitutional importance to interpret the Constitution.

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2
Q

Explain the process of judicial review.

A

Judicial review is the process by which the Supreme Court decides whether a law or government action is constitutional.

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3
Q

How are cases selected for review by the Supreme Court?

A

The Supreme Court justices decide which cases are of constitutional importance, agreeing to review about 100-150 cases each year out of more than 7000 requests.

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4
Q

Define the role of district courts in the federal judiciary.

A

District courts are where federal cases are first tried, involving witness testimonies and a judge or jury deciding the guilt of the accused.

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5
Q

What happens to judgments made by district courts?

A

Judgments made by district courts can be appealed in the US Court of Appeals, where judges review the decisions to ensure the law was applied correctly.

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6
Q

Describe the appointment process for Supreme Court justices.

A

The president nominates justices, who serve for life, with the nomination process involving background checks and confirmation by the Senate.

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7
Q

Explain the significance of the Constitution in the Supreme Court’s decisions.

A

The Constitution is sovereign, giving the Supreme Court the power to rule on the constitutionality of laws passed by Congress or state legislatures and to declare executive actions unconstitutional.

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8
Q

How does a president select a nominee for the Supreme Court?

A

The president’s team creates a list of possible nominees based on judicial experience, legal knowledge, reputation, and personal integrity, aiming to appoint justices who share their constitutional interpretation views.

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9
Q

What factors influence a president’s choice of Supreme Court nominee?

A

Factors include the nominee’s judicial experience, professional standing, personal history, and the political alignment with the president’s views on constitutional interpretation.

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10
Q

Describe the vetting process for Supreme Court nominees.

A

Nominees undergo extensive background checks by the White House’s lawyers and the FBI, considering all aspects of their lives, including personal history and integrity.

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11
Q

What was the controversy surrounding Douglas Ginsburg’s nomination?

A

Douglas Ginsburg was nominated by Reagan but had to withdraw when it was revealed that he had used marijuana while a law professor.

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12
Q

Explain why experience is a critical factor in selecting Supreme Court justices.

A

Experience is crucial to avoid issues like the Miers situation, where a nominee withdrew due to concerns about lack of experience, and to ensure the nominee is qualified for the role.

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13
Q

How did Trump’s nomination of Kavanaugh relate to outgoing justice Kennedy?

A

Trump chose Kavanaugh to replace Kennedy to secure a more reliable conservative vote on the Supreme Court.

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14
Q

Describe the significance of Biden’s nomination of Jackson to the Supreme Court.

A

Biden’s nomination of Jackson was significant as it fulfilled his promise to nominate the first black woman to the Supreme Court, highlighting a commitment to diversity and representation in the judiciary.

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15
Q

Explain the ideological shift of the Supreme Court over time.

A

The Supreme Court has shifted ideologically over time, with a median leaning of conservative (+1) in recent years, compared to being most liberal in the 1960s and 1970s (-1).

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16
Q

How does the Senate confirmation process for Supreme Court nominees work?

A

Once the president selects a nominee, the Senate Judiciary Committee reviews the nominee, who completes a lengthy questionnaire about their experience and rulings. The nominee is then interviewed in televised hearings, and the committee votes, which serves as a recommendation to the full Senate.

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17
Q

Define the typical background of Supreme Court nominees.

A

Most Supreme Court nominees come from the federal Courts of Appeals and have significant experience as appellate judges, although judicial experience is not strictly necessary.

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18
Q

What was the impact of the 2013 changes to cloture rules in the Senate?

A

The 2013 changes to cloture rules allowed for nominations to the executive and federal judiciary to be confirmed with a simple majority, leading to increased partisanship and enabling justices to be confirmed by only one party.

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19
Q

Discuss the implications of the ‘nuclear option’ introduced in the Senate.

A

The ‘nuclear option’ allowed for Supreme Court nominees to be confirmed with a simple majority, which increased the power of the president and facilitated the confirmation of controversial candidates.

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20
Q

Explain the circumstances surrounding Amy Coney Barrett’s confirmation.

A

Amy Coney Barrett was confirmed in 2020 without receiving a single vote from the minority party, marking the first time in over 150 years that a Supreme Court justice was confirmed without bipartisan support.

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21
Q

Describe the controversy surrounding Merrick Garland’s nomination.

A

Merrick Garland was nominated by Obama in March 2016 after Justice Scalia’s death, but the Republican-controlled Senate refused to hold hearings or votes, allowing his nomination to expire after 293 days.

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22
Q

What were the key issues during the confirmation of Justice Kavanaugh?

A

Justice Kavanaugh faced accusations of sexual assault from Dr. Christine Blasey Ford during his confirmation hearings, leading to significant public protests and a highly partisan confirmation vote.

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23
Q

How does the independence of Supreme Court justices affect their relationship with the president?

A

Once appointed, Supreme Court justices are independent and serve life terms, meaning the president can no longer influence their decisions, and justices cannot be removed for judgments that the president dislikes.

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24
Q

What unexpected ideological shift occurred with Justice David Souter after his appointment?

A

Justice David Souter, appointed by Bush Sr., unexpectedly became a liberal member of the Supreme Court, illustrating that presidential appointments do not guarantee ideological alignment.

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25
Describe the role of justices appointed by presidents in relation to their appointing presidents.
Justices have ruled against the presidents who appointed them, demonstrating their independence. For example, Clinton's appointees RBG and Breyer ruled he wasn’t immune to prosecution, while Gorsuch and Kavanaugh decided that Trump could not withhold tax returns from investigations.
26
Explain the scrutiny process for Supreme Court nominees.
The scrutiny process involves detailed examination of every nominee, with several opportunities for unsuitable candidates to be withdrawn. The Senate Judiciary Committee, composed of experts in judicial matters, undertakes this detailed scrutiny.
27
How does the appointment process of Supreme Court justices serve as a check on presidential power?
The appointment process serves as a check on presidential power because nominees must gain the support of a majority in the Senate, which is an elected body, ensuring oversight and accountability.
28
Define the current composition of the Supreme Court and its political balance.
The current composition of the Supreme Court is a 6-3 conservative majority, with justices nominated by presidents from both parties, including Roberts, Thomas, Alito (Bush Jr. and Sr.), Sotomayor and Kagan (Obama), Gorsuch, Kavanaugh, Barrett (Trump), and Ketanji Brown Jackson (Biden).
29
Discuss the implications of the Senate's refusal to hold hearings for a Supreme Court nominee.
The Senate's refusal to hold hearings for Garland was a political decision that violated the president's right to appoint a justice, highlighting issues of partisan politics and the lack of bipartisan support for justices.
30
Explain the significance of Anthony Kennedy's role on the Supreme Court.
Anthony Kennedy was known as the 'swing vote' on the Supreme Court, making both conservative and liberal judgments on various issues, which made his vote crucial in closely contested cases.
31
How has the Supreme Court's decision-making process been characterized in recent years?
The Supreme Court's decision-making process has been characterized by a mix of ideological and technical legal interpretations, with many rulings not split along ideological lines and a significant number of unanimous judgments.
32
Describe the impact of political campaigning on Supreme Court nominations.
Political groups spend millions of dollars campaigning for or against nominees, which can influence public perception and the confirmation process, as seen in the case of Kavanaugh following sexual assault allegations.
33
What are the potential drawbacks of the current Supreme Court appointment process?
Potential drawbacks include the selection of justices based on political philosophy rather than judicial excellence, aggressive questioning by the Senate Judiciary Committee, and less effective scrutiny when the Senate is controlled by the president's party.
34
How did the Supreme Court's decisions in 2019-20 reflect the dynamics of its justices' political leanings?
In 2019-20, Chief Justice Roberts was most likely to be the swing vote, joining liberal justices in key rulings on abortion and transgender rights, indicating that justices may not always vote strictly along ideological lines.
35
Describe the significance of judicial review in the context of the Supreme Court.
Judicial review allows the Supreme Court to declare actions of the executive branch and laws unconstitutional, serving as an important check on the other branches of government and ensuring compliance with the Constitution.
36
Explain the role of the Supreme Court in constitutional interpretation.
The Supreme Court interprets the Constitution, applying its principles to modern situations, and ensures that laws and executive actions comply with constitutional standards.
37
Define strict constructionism and its implications for judicial decisions.
Strict constructionism holds that the Constitution should be interpreted strictly according to its text, leading to conservative judgments and requiring formal amendments for changes.
38
How does loose constructionism differ from strict constructionism in interpreting the Constitution?
Loose constructionism advocates for a flexible interpretation of the Constitution, allowing it to evolve with societal changes, unlike strict constructionism which adheres closely to the original text.
39
Explain the concept of a 'living constitution' as supported by some justices.
The 'living constitution' concept suggests that the Constitution should be interpreted in a way that reflects contemporary societal needs and values, allowing for adaptability over time.
40
Discuss the historical representation of women and minorities on the Supreme Court.
Only six women and three African Americans have served on the Supreme Court, with notable justices including Sandra Day O’Connor, Thurgood Marshall, Clarence Thomas, Ketanji Brown Jackson, and Sonia Sotomayor.
41
What landmark ruling did Gorsuch write in 2020, and what was its significance?
Gorsuch wrote the majority opinion in a landmark ruling that outlawed discrimination by employers based on sexual orientation or gender, highlighting the evolving interpretation of civil rights.
42
Describe the implications of the Boumediene v Bush (2008) case.
The Boumediene v Bush case ruled that foreign nationals detained as terrorist suspects had the right to challenge their detentions in federal courts, reinforcing judicial oversight over executive actions.
43
How does the Supreme Court's power relate to the amendment process of the Constitution?
To overrule a Supreme Court decision requires a formal amendment to the Constitution, highlighting the Court's significant power in interpreting constitutional law.
44
What are the political implications of appointing strict constructionist justices?
Republican presidents often aim to appoint strict constructionist or originalist justices, which can lead to conservative rulings that align with their political ideologies.
45
Explain the criticism liberals have towards strict constructionism.
Liberals criticize strict constructionism for hindering necessary and positive changes in law and society, arguing that it restricts the Constitution's adaptability to modern issues.
46
What was the first case that established the principle of judicial review?
The principle of judicial review was established in the case of Marbury v Madison (1803), marking the first time the Supreme Court struck down an Act of Congress.
47
Identify the justices associated with originalism and their political affiliations.
Justices associated with originalism include Clarence Thomas, appointed by Bush Sr., and those appointed by Trump, typically aligned with Republican ideologies.
48
Discuss the role of the Supreme Court in protecting civil rights and liberties.
The Supreme Court plays a crucial role in protecting Americans' civil rights and liberties through its power of judicial review, ensuring that laws and actions do not infringe upon constitutional rights.
49
Describe the conservative argument regarding the updating of constitutional meanings.
Conservatives argue that updating meanings beyond the framers’ intentions is a power grab by unelected justices.
50
Explain Sonia Sotomayor's view on the concept of a living constitution.
Sotomayor dismissed the focus on a living constitution, arguing that the decision-making process is more complex than simply adhering to that concept.
51
How does Chief Justice Roberts approach his role on the Supreme Court?
Roberts explained during his confirmation hearings that he does not have an all-encompassing approach and instead applies the approach most suited to each case, often acting as a swing vote.
52
What role does the Supreme Court play in protecting citizens' rights?
The Supreme Court protects civil rights and liberties and serves as the ultimate court of appeal for individuals who believe their rights have been infringed.
53
Define the Supreme Court's power regarding laws that do not comply with the Bill of Rights.
The Supreme Court can strike down laws if they do not comply with the Bill of Rights or other constitutional rights and can rule executive actions unconstitutional if they infringe on citizens’ constitutional rights.
54
Explain the balance the Supreme Court must strike regarding the First Amendment's freedom of religion.
The Court must strike a balance between avoiding the establishment of religion and allowing individuals to freely practice their religion.
55
What was the significance of the Burwell v. Hobby Lobby Stores Inc. (2014) ruling?
The Court struck down part of the Affordable Care Act that required family-run businesses to contribute to health insurance that might be used for contraception, stating that it was in breech of freedom of religion.
56
How has the Supreme Court interpreted political donations in relation to the First Amendment?
The Supreme Court has protected political donations as a form of free speech, as seen in the Citizens United v. FEC (2010) ruling, which granted corporations, unions, and associations the same rights to free speech as individuals.
57
Describe the differing interpretations of the Second Amendment regarding gun rights.
Liberals interpret the Second Amendment as a collective right to bear arms within a militia, while conservatives argue it provides an individual right to bear arms, with many claiming that any form of gun control infringes on this right.
58
What was the outcome of the District of Columbia v. Heller (2008) case?
The Supreme Court struck down a law banning handgun ownership, ruling that the Second Amendment does confer an individual right to bear arms.
59
What has been the Supreme Court's stance on the death penalty as per the Eighth Amendment?
The Supreme Court has focused on defining what constitutes 'cruel and unusual punishment,' ruling in Baze v. Rees (2008) that lethal injection was not considered 'cruel and unusual punishment' and could be used for executions.
60
Discuss the political significance of Supreme Court justices.
Each justice holds great political significance, and the balance of the Court is closely monitored; the current 6-3 conservative majority raises concerns for liberal Americans.
61
What media interest surrounds the health of Supreme Court justices?
The health of older justices is of continual interest to the media, exemplified by the extensive coverage of RBG’s medical news before her death in 2020.
62
What pressure did Justice Sotomayor face regarding her retirement?
Sotomayor faced pressure to retire before Trump’s inauguration in 2025 to avoid the appointment of another conservative justice, but she refused to do so.
63
Identify some controversial areas of US public policy that the Supreme Court has ruled on.
The Supreme Court has ruled on controversial areas including abortion, affirmative action, gun control, marriage rights, and immigration.
64
What was notable about the Supreme Court's activity in the 2020s?
The Supreme Court's activity in the 2020s has been particularly noteworthy, including the leaked draft opinion in Dobbs v. Jackson Women’s Health Organization indicating a potential overturn of federal abortion rights.
65
What was the impact of the Supreme Court's ruling in June 2022 regarding abortion?
The Court's ruling in June 2022 overturned previous rulings in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), granting individual states the power to regulate aspects of abortion not pre-empted by federal law.
66
Describe the significance of Obergefell v Hodges (2015) in relation to same-sex marriage.
Obergefell v Hodges (2015) ruled that it is unconstitutional to prevent same-sex marriage, effectively legalizing it without a democratic mandate.
67
Explain the outcome of Bush v Gore (2000) and its impact on the presidential election.
Bush v Gore (2000) settled a recount dispute in Florida's presidential election, ruling 5-4 in favor of Bush, which determined the election outcome.
68
Define judicial restraint and its typical application by conservative justices.
Judicial restraint is a legal philosophy where the Supreme Court avoids unnecessary conflict with the president and Congress, rarely overturning actions or laws.
69
How do strict constructionists view the role of the Supreme Court regarding issues like abortion and same-sex marriage?
Strict constructionists argue that the Constitution does not mention abortion or same-sex marriage, and that the framers did not intend to authorize these rights.
70
Explain the concept of judicial activism and its criticism by conservatives.
Judicial activism refers to justices making rulings to improve society, which conservatives criticize as overstepping the Court's role and legislating from the bench.
71
Describe the principle of stare decisis and its importance in judicial decisions.
Stare decisis is the principle of standing by things decided, which means that courts should follow past precedents to ensure consistency in rulings.
72
What was the role of Chief Justice Earl Warren in the context of judicial activism?
Chief Justice Earl Warren led the activist court in Brown v Board of Education, achieving a unanimous ruling that struck down segregation laws.
73
How did the ruling in Brown v Board of Education differ from previous rulings like Plessy v Ferguson?
Brown v Board of Education reversed the earlier ruling of Plessy v Ferguson (1896), which upheld segregation, marking a significant shift in legal justification for civil rights.
74
Discuss how Chief Justice Roberts has demonstrated judicial restraint in his rulings.
As Chief Justice, Roberts has advocated for judicial restraint, notably calling for the overturn of the Texas Heartbeat Act in 2021 due to its non-adherence to Roe v Wade precedent.
75
What was the outcome of Gonzales v Carhart (2007) and its relation to Roe v Wade?
In Gonzales v Carhart (2007), Roberts upheld the Partial-Birth Abortion Ban Act, allowing abortion but prohibiting a specific procedure, while following the precedent set by Roe v Wade.
76
Describe the significance of Stenberg v Carhart in relation to Roberts' judicial decisions.
Stenberg v Carhart (2000) struck down a partial-birth abortion ban, establishing a precedent that Roberts ignored in his later rulings.
77
Explain Roberts' stance in Whole Woman’s Health v Hellerstedt (2016).
Roberts upheld Texas abortion clinic restrictions, disagreeing with the majority that they violated women's constitutional rights, which could be seen as exercising judicial restraint.
78
How did Roberts approach the case of National Institute of Family and Life Advocates v Becerra (2018)?
Roberts struck down a California law requiring religious pregnancy crisis centers to provide abortion information, siding with Justice Thomas' argument that it violated free speech.
79
What was the outcome of June Medical Services, LLC v Russo regarding Roberts' judicial philosophy?
Roberts struck down a Louisiana law restricting abortions to one doctor, citing the precedent from Whole Woman’s Health, despite personally disagreeing with the outcome.
80
Define the role of the Supreme Court in federalism as illustrated by District of Columbia v Heller (2008).
The Supreme Court ruled that the DC law banning handguns was unconstitutional, reinforcing the right to bear arms against state legislation.
81
Explain the implications of Roe v Wade (1973) on abortion laws in the United States.
Roe v Wade legalized abortion in all states, overriding laws in 30 states that had previously made it illegal.
82
Describe the impact of Obergefell v Hodges (2015) on same-sex marriage in the United States.
Obergefell v Hodges mandated that all states allow same-sex marriage, significantly advancing LGBTQ rights.
83
What was the ruling in Murphy v National Collegiate Athletic Association (2018) regarding states' rights?
The Roberts court struck down a federal law that prohibited states from authorizing sports gambling, reinforcing states' rights against congressional restrictions.
84
How do conservatives and liberals differ in their views on states' rights?
Conservatives often believe that diversity between states is essential and oppose new restrictions, while many liberals argue that states' rights have been misused to justify discrimination.
85
Summarize the case of Brown v Board of Education of Topeka (1954) and its significance.
Brown v Board of Education challenged segregation in schools, leading to the Supreme Court ruling that 'separate but equal' violated the Fourteenth Amendment, effectively ending legal segregation.
86
What was the role of Thurgood Marshall in Brown v Board of Education?
Thurgood Marshall represented the Browns and urged the Supreme Court to reconsider the precedent set by Plessy v. Ferguson, highlighting the inequalities in segregated facilities.
87
Explain the societal reaction in the South to the ruling of Brown v Board of Education.
The ruling was seen as an attack on states' rights, leading to significant resistance, including confrontations like the one at Little Rock in 1957.
88
How did the Supreme Court's ruling in Brown v Board of Education affect the concept of racial inferiority?
The ruling challenged and dismantled the legitimization of racial inferiority that had been entrenched by segregation laws.
89
Describe the significance of Eisenhower's order to escort students into school.
Eisenhower ordered federal troops to escort students into school to enforce desegregation, highlighting the federal government's role in upholding civil rights and ensuring compliance with Supreme Court rulings.
90
Explain the main issue addressed in Obergefell v Hodges.
Obergefell v Hodges addressed the constitutionality of state bans on same-sex marriage and whether the Fourteenth Amendment requires states to license and recognize same-sex marriages.
91
How did the Supreme Court rule in Obergefell v Hodges?
The Supreme Court ruled 5-4 that the right to marry is fundamental and supported by the equal protection clause, legalizing same-sex marriage across the United States.
92
Define the approach taken by the majority of justices in Obergefell v Hodges.
The majority of justices took a loose constructionist approach, interpreting the Constitution in the context of modern liberal ideas.
93
What was the dissenting opinion in Obergefell v Hodges?
Dissenting justices argued that the ruling infringed on the right to religious freedom.
94
Explain the significance of Roe v Wade (1973).
Roe v Wade established a woman's constitutional right to an abortion under the due process clause of the Fourteenth Amendment, recognizing a fundamental 'right to privacy'.
95
Describe the circumstances that led to the Roe v Wade case.
The case was brought by Norma McCorvey, under the pseudonym 'Jane Roe,' who sought an abortion in Texas where it was illegal except to save the mother's life.
96
What was the outcome of Planned Parenthood v Casey (1992)?
The Supreme Court upheld Roe v Wade but allowed states to regulate abortion in early stages of pregnancy, provided the regulations did not impose an 'undue burden'.
97
How did Gonzales v Cahart (2007) affect abortion rights?
Gonzales v Cahart upheld the Partial-Birth Abortion Ban Act, reducing women's abortion rights by banning certain late-term abortion procedures without exceptions for the mother's health.
98
What was the ruling in Whole Woman’s Health v Hellerstedt (2016)?
The Supreme Court ruled that Texas regulations imposed an 'undue burden' on women seeking abortions, as they did not provide sufficient medical benefits to justify limiting access.
99
Summarize the legal question in Dobbs v. Jackson Women's Health Organization (2022).
The legal question in Dobbs v. Jackson Women's Health Organization was whether Mississippi's ban on nearly all abortions after 15 weeks was unconstitutional.
100
What was the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization?
The Supreme Court ruled 6-3 that abortion is not a constitutional right, overturning Roe v Wade and eliminating the constitutional right to abortion.

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