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Politics A-Level > Judiciary USA > Flashcards

Judiciary USA Flashcards

1
Q

First case of judicial review

A

Fletcher v Peck 1810 striking down Georgia state law

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2
Q

Vague focuses of SC over time

A

Pre-1965 state-federal cases like Dredd Scott, then up to 40s was state regulation of the economy, then civil rights

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3
Q

Example of SC death and resignation

A

Rehnquist in 2005 and Stevens in 2010

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4
Q

Number of Carter SC appointments

A

0

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5
Q

Why do Presidents choose SC nominees based on their ideas?

A

Legacy past 8 years in office, SC is ‘echo chamber’ of previous Presidents pushing for restraint or activism

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6
Q

Why do Presidents choose SC nominees based on pressure groups?

A

To please them like Marshall Thurgood in 1967, Sandra Day O’Connor in 1981 and Sonia Sotomayor (Hispanic) in 2009

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7
Q

Why are some judges more important than others?

A

Swing judges such as Sandra Day O’Connor who will change 5-4 decisions are key, replaced by Alito in 2006 so now is Kennedy

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8
Q

Why do Presidents choose SC nominees based on Congress?

A

They need to make sure they will have the expertise (ie not Miers in 2005) to be supported in Senate or to pass in a divided government (ie not Bork in 1987)

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9
Q

Trials of Clarence Thomas explained

A

Lowest American Bar Association ranking for SC nominee ever, scrapped through Senate Judiciary Committee hearings, 52-48 vote in Senate

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10
Q

Numbers showing increasing partisanship of SC nomination

A

Ginsburg 96-3 in 1993 while Kagan 63-37 in 2010 showing recognition of SC powers and change from mere vetting to a political process

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11
Q

3 reasons why SC judges are not always that important to a Presidency

A

Can only come when a space appears, cannot remove justices or influence decisions, and some nominees can be ‘the biggest damn fool mistake I ever made’ (Eisenhower on Warren, could also be used for Bush on Souter since 1990)

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12
Q

SC impeachments

A

One in 1805 of Samuel Chase

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13
Q

What is loose constructionism?

A

Ideas of ‘living constitution’ and rejection of original intent as the FFs are around so could not have foreseen the changes in society which have occurred

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14
Q

What is judicial activism?

A

Not leaving changes to be made by elected officials with electoral mandates to reach contemporary social needs like equality or justice

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15
Q

1966 Warren classic

A

Miranda v Arizona on 5th Amendment bringing about Miranda rights

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16
Q

How did Warren affect election politics?

A

Led to Nixon in 1968 calling for ‘law and order’ justices for nomination who would not legislate from the bench and be part of the imperial judiciary

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17
Q

Sexy shadow word

A

Penumbras (that which can be read between the lines)

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18
Q

Classic 1971 Burger case

A

Swann v Charlotte-Mecklenburg ending de facto segregation by forcing busing to achieve a better racial balance under 14th Amendment equal protection clause, promoting integration

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19
Q

What is the basis of strict constructionism?

A

Not having mandate from FFs in Constitution, not being elected (keeping out of the political thicket) and not being responsible for outcomes, idea of fixed principles of Constitution

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20
Q

Mr Original Intent

A

Scalia

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21
Q

Fancy word for following precedent

A

Stare decisis

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22
Q

Bush v Gore decider

A

Sandra Day O’Connor

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23
Q

Roberts Court restraint on abortion

A

2007 Gonzales v Carhart 5-4 upholding Congress ban on parcial-birth abortion

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24
Q

Roberts Court restraint on firearms

A

2008 DC v Heller 5-4 upholding individuals constitutional right to bear arms overturning DC law on handguns as first SC 2nd Amendment case

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25
Q

Roberts Court conservatism on campaign finance

A

2010 Citizens United v Federal Electoral Commission striking down McCain-Feingold 2002 finance reform legislation/2003 McConnell v FEC, upholding corporate and union 1st Amendment freedom of speech

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26
Q

2 examples of Roberts Court restraint on TU

A

2011 Walmart v Dukes weakening employees right to class action and 2013 American Express v Italian Colors Restaurant weakening small companies ability to take class action against large corporations

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27
Q

Roberts Court restraint on police

A

2013 Maryland v King upholding rights of police to take DNS samples without a specific reason

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28
Q

Roberts Court activism on prisoners

A

2006 Hamdan v Rumsfeld upholding rights of Guantánamo Bay inmates to due process

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29
Q

Roberts Court activism on healthcare

A

2012 Sibelius case upholding parts of Obamacare in 5-4 with Roberts as swing

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30
Q

Roberts Court activism on marriage

A

US v Windsor and Hollingsworth v Parry both in 2013 striking down Defense of Marriage Act and legalizing the legalisation of gay marriage in California

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31
Q

Case upholding racial profiling

A

2003 Grutter v Bollinger, constitutional if individualized and not done by quota or preferential treatment

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32
Q

Case upholding freedom of religon

A

1962 Engel v Vitale denial of establishment of religion, so no prayers in school or public places as FFs did not want this

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33
Q

Case upholding freedom of expression (vulgar)

A

2011 Synder v Phelps upholding Westboro Baptist Church ability to protest outside military funerals

34
Q

Congress power over SC

A

Impeachment and changing size, such as 1869 Judiciary Act (last change) and Roosevelt’s threatened court-packing if New Deal programmes not supported (SC backed down)

35
Q

Example of SC self-restraint

A

Refusing to hear cases such as 2005 Schaivo right to die, seen as deferring to electoral branches

36
Q

3 examples of SC inability to uphold own rulings

A

Brown (Little Rock), public prayer still occurring post-Engel, and legal restriction on abortions, not unfettered access

37
Q

Justice Kennedy quote after Lawrence v Texas showing temporary nature of SC rulings

A

Bowers (criminalizing homosexuality) was not correct when it was decided and it is not correct today. It ought not to remain a binding precedent

38
Q

2 terms for SC showing political nature

A

‘Judicial policy making’ and ‘quasi-legislative judicial authority’

39
Q

Example of SC overruling popular vote

A

Prop 8 in California, 2008, banning same-sex marriage was ruled unconstitutional in 2013

40
Q

2 different ideas about power of judiciary

A

Government by judiciary (as decisions taken by elected officials in some countries are taken by judges in US) or Hamilton’s ‘least dangerous branch’

41
Q

What is the paradox of the SC?

A

US is proud of democracy and holding leaders accountable, but many of the most crucial decisions are taken by unelected officials where nobody guardes the guardians of the Constitution

42
Q

How is the UK SC less powerful than in the US?

A

Limited by Parliamentary sovereignty so can only make ‘declarations of incompatibility’ with HRA, and no entrenched rights to protect, or ability to change statute law

43
Q

How is the UK SC less political than in the US?

A

2005 Constitutional Reform Act brought about JAC so no parliamentary confirmation process

44
Q

Constitution on SC

A

The judicial power of the United States shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish

45
Q

How many Courts of Appeal/Circuit Courts are there?

A

13

46
Q

When was the last change to the number of SC members?

A

1869

47
Q

Constitution on SC justices service time

A

During good behaviour

48
Q

Example of judge resigning

A

1968 Abe Fortas

49
Q

How many SC Chief Justices has there been?

A

16

50
Q

Which 3 locations does the President and his staff get advice on for SC nominees?

A

Congress (Senate Judiciary Committee), groups like American Bar Association and friends/relatives

51
Q

Where was Sandra Day O’Connor from before SC nominee?

A

Arizona State Court of Appeals (example of state court nominee)

52
Q

Where was Rehnquist working before becoming SC nominee in 1971?

A

Number two in Justice Department

53
Q

Example of Congress to SC rumours

A

George Mitchell, previous Senate Majority Leader rumoured for Clinton appointment

54
Q

Example of academia for SC

A

Douglas H. Ginsburg put forward for nominee as a Harvard scholar in 1987

55
Q

Example of issue with cases needed for SC to function

A

War Powers Act thought to be unconstitutional but no case ever brought against it

56
Q

Difference on segregation rulings of Brown and Swann

A

De jure removal of state law and then de facto integration

57
Q

Affirmative Action case of 1995

A

Adarand Constructors v Peña banning affirmative action in this case as it was unconstructive for government, but still ruling that some AA cases were allowed

58
Q

Affirmative Action case of 2003

A

Gratz v Bollinger banning AA for giving minority candidates to university 20/150 needed points off the bat, as too ‘mechanistic’

59
Q

What occurs in the media directly after a SC nominee announcement?

A

All eyes to American Bar Association for ‘well qualified’, ‘qualified’ (Thomas) and ‘no qualified’ rating

60
Q

Why was Bork an issue nominee?

A

Had fired Archibald Cox, independent prosecutor over Watergate for Nixon

61
Q

Who made claims about Thomas in Senate Judiciary Committee hearings?

A

Professor Anita Hill

62
Q

Scalia quote on his strict constructionism

A

The Constitution is not living but dead. Our first responsibility is not to make sense of the law - our first responsibility is to follow the text of the law

63
Q

Which groups worked against Bork while a nominee?

A

National Action Rights Action League and NOW - $15m TV comercial campaign

64
Q

Number of judicial reviews declaring federal laws unconstitutional in 40s and 80s

A

2 up to 16

65
Q

Quote of political commentator Mark Shields and importance

A

Parties are ‘separated by the issue of abortion’ yet still only SC decides on the matter

66
Q

Politicians in robes?

A

A third house of legislature

67
Q

Why do Presidents have power over SC rulings?

A

De jure supporting (Eisenhower on Brown) of court results or not supporting (Bush on Texas v Johnson ‘wrong, dead wrong’)

68
Q

Darwinism under the law

A

1968 Epperson v Arkansas - ban on teaching of Darwinism struck down, 1987 Edwards v Aguillard - Louisiana law of teaching creationism alongside Darwinism struck down

69
Q

Byrnes on court interpretations

A

The Court did not interpret the Constitution - the Court amended it

70
Q

Internet SC case

A

1997 Reno v American Civil Liberties Union, striking down parts of 1996 Communications Decency Act due to abridging freedom of speech

71
Q

Example of SC turning a blind eye

A

Not prosecuting matters about a ‘truth drug’ used on prisoners after 9/11

72
Q

Example of SC upholding prisoner rights post-9/11

A

2004 Hamdi v Rumsfeld, 3 years in isolation not due process

73
Q

What was Earl Warren before becoming an Associate Justice?

A

Governor of California

74
Q

Why is the SC better than a democratic judiciary?

A

Lower courts democratically elected often have decisions overturned by SC

75
Q

3 freedom of speech tests

A

Clear-and-present danger test, bad-tendency rule and obscenity test

76
Q

Freedom of speech on libel

A

Slander test and libel test protect from lies damaging people unless not malicious and of a public figure

77
Q

Example of prior restraint

A

New York Times v US 1971, Pentagon Papers published as a result of Nixon losing a prior restraint case trying to stop damaging Vietnam War information coming to light

78
Q

Right to gather case

A

National Socialist Party v Skokie 1978 giving Nazis right to gather with swastikas

79
Q

Foundation of Roe

A

Griswold v Connecticut 1965, right to contraception under Justice Douglass’s idea of right to privacy in Ninth

80
Q

Scalia on 2008 Kennedy v Louisiana on only death for murderers

A

The views of the American people were irrelevant

81
Q

Precedent word

A

Stare decisis

82
Q

Number of cases taken by liberal courts and Roberts courts

A

Up to 200 versus 70-75 a year

Politics A-Level (11 decks)

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