Justice of the Supreme Court Flashcards

1
Q

Since when has the number of justices, 9, remained unchanged?

A

1869

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2
Q

What is the phrase for the Justice being office holders?

A

They hold office for life “during good behaviour”

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3
Q

What is the appointment of a justice a way for the president to create?

A

A legacy

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4
Q

What is the average frequency with which the President is able to appoint a Justice?

A

2 years

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5
Q

How many did Obama appoint?

A

2

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6
Q

Who made no appointments?

A

carter

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7
Q

Between which two years were no appointments made?

A

1994 and 2005

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8
Q

What are the first two steps of the nomination process?

A

1) Presidential aides draw ups candidate shortlist and candidates are subject to rigorous interviews and a background check by the FBI
2) President then announces his choice at a public gathering at the white house

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9
Q

What happens after the president announced his choice at the white house?

A

American Bar Association offer rating on the qualification

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10
Q

What shows the importance of the American Bar Association?

A

Clarence Thomas is the only nominee to have survived anything less than a ‘well qualified’ rating. He got ‘qualified’

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11
Q

What do the Senate Judicial committee vote on after they have held a hearing?

A

Whether to recommend the nomination

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12
Q

What kind of majority is needed on the senate floor to confirm the appointment?

A

Simple majority

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13
Q

What are the four pools of appointment?

A

1) federal appeals court
2) state courts
3) academia
4) executive branch

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14
Q

Which nominee came from the federal appeals court pool?

A

Sonia Sotomayor

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15
Q

Form which two pools did Elena Kagan come from?

A

Executive branch and academia

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16
Q

What is the ranking of the court of appeal that means that they are a pool of recruitment?

A

Tier below the supreme court

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17
Q

What about the fact that the court of appeal is the tier below the supreme court makes the justices strong potential appointees?

A

They will ahem had experience of all major cases that will have been passed to the supreme court

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18
Q

States have their own what (2) for recruitment to the supreme court?

A

State supreme courts and courts of appeal

19
Q

Why does the fact that each state has their own supreme court and court of appeal mean that they are good pools of recruitment?

A

They will have expertise with dealing with constitutional cases as each state has its own constitution

20
Q

Who were the two Bush successful appoitnemtns and the one who withdrew?

A

john roberts
Samuel Alito
and Harriet Mires withdrew

21
Q

Fundamentally, Harriet Mires was too close to who?

A

Bush

22
Q

Why was Mires too close to Bush?

A

She had headed the Texas state lottery and headed campaigns for him in 2000 before becoming his White House counsel

23
Q

When was Mires nominated and who was she nominated to replace?

A

2005 nominated to replaced sandra day o’conner

24
Q

what did Mires lack any form of?

A

Judicial experience

25
Q

why was Mires bad from the perceptive of the GOP?

A

Republicans doubted her understanding of constitutional law

26
Q

Why was Mires bad from the perceptive of the Democrats?

A

They thought she was only nominated because of her friendship with Bush

27
Q

How did Roberts claim to see his role?

A

That of an umpire

28
Q

What did Roberts say about himself?

A

I have no platform, judges are not politicians

29
Q

Who was Samuel Alito replacing and what was the ideological difference?

A

Samuel Alito was known conservative replacing centrist O’Connor

30
Q

Who are the two Obama Appointments?

A

Sonia Sotomayer and Elena Kagan

31
Q

Who did Sonia Sotomayer replace?

A

The surprisingly liberal David Souter, a Bush senior appointee

32
Q

Who did Elena Kagan replace?

A

The liberalish John Paul Stevens, appointed by ford

33
Q

How many potential justices have the senate ever rejected?

A

12 since 1789

34
Q

Who was the most recent rejection?

A

Robert bark in 1987

35
Q

Who are the two nominees that Nixon lost in two years?

A

Haynsworth 1969

Carswell 1970

36
Q

What would a president look for in a judge?

A

Someone who shares their judicial philosophy

37
Q

How does a loose constructionist relate to the framers?

A

looks at the intent of the framers then tries to apply that in the context

38
Q

How does a strict constructionist relate to the framers?

A

focus on the text and language of the framers

39
Q

For a loose constructionist, what is the key to interpretation?

A

Looking at the law’s spirit, purpose and essence, not the exact letter of the law

40
Q

Which type of constructionist has a better reputation for safeguarding individual liberties?

A

Loose

41
Q

Which type of constructionist has a tendency to favour state government over federal government?

A

Strict

42
Q

The principles of the constitution are what to a strict constructionist?

A

Fixed

43
Q

Give an example of a swing justice?

A

Anthony kennedy

44
Q

The court’s division over which case demonstrates the split between loose and strict constructionists?

A

1995 Adarand vs Pena