Justice of the Supreme Court Flashcards
Since when has the number of justices, 9, remained unchanged?
1869
What is the phrase for the Justice being office holders?
They hold office for life “during good behaviour”
What is the appointment of a justice a way for the president to create?
A legacy
What is the average frequency with which the President is able to appoint a Justice?
2 years
How many did Obama appoint?
2
Who made no appointments?
carter
Between which two years were no appointments made?
1994 and 2005
What are the first two steps of the nomination process?
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
What happens after the president announced his choice at the white house?
American Bar Association offer rating on the qualification
What shows the importance of the American Bar Association?
Clarence Thomas is the only nominee to have survived anything less than a ‘well qualified’ rating. He got ‘qualified’
What do the Senate Judicial committee vote on after they have held a hearing?
Whether to recommend the nomination
What kind of majority is needed on the senate floor to confirm the appointment?
Simple majority
What are the four pools of appointment?
1) federal appeals court
2) state courts
3) academia
4) executive branch
Which nominee came from the federal appeals court pool?
Sonia Sotomayor
Form which two pools did Elena Kagan come from?
Executive branch and academia
What is the ranking of the court of appeal that means that they are a pool of recruitment?
Tier below the supreme court
What about the fact that the court of appeal is the tier below the supreme court makes the justices strong potential appointees?
They will ahem had experience of all major cases that will have been passed to the supreme court
States have their own what (2) for recruitment to the supreme court?
State supreme courts and courts of appeal
Why does the fact that each state has their own supreme court and court of appeal mean that they are good pools of recruitment?
They will have expertise with dealing with constitutional cases as each state has its own constitution
Who were the two Bush successful appoitnemtns and the one who withdrew?
john roberts
Samuel Alito
and Harriet Mires withdrew
Fundamentally, Harriet Mires was too close to who?
Bush
Why was Mires too close to Bush?
She had headed the Texas state lottery and headed campaigns for him in 2000 before becoming his White House counsel
When was Mires nominated and who was she nominated to replace?
2005 nominated to replaced sandra day o’conner
what did Mires lack any form of?
Judicial experience
why was Mires bad from the perceptive of the GOP?
Republicans doubted her understanding of constitutional law
Why was Mires bad from the perceptive of the Democrats?
They thought she was only nominated because of her friendship with Bush
How did Roberts claim to see his role?
That of an umpire
What did Roberts say about himself?
I have no platform, judges are not politicians
Who was Samuel Alito replacing and what was the ideological difference?
Samuel Alito was known conservative replacing centrist O’Connor
Who are the two Obama Appointments?
Sonia Sotomayer and Elena Kagan
Who did Sonia Sotomayer replace?
The surprisingly liberal David Souter, a Bush senior appointee
Who did Elena Kagan replace?
The liberalish John Paul Stevens, appointed by ford
How many potential justices have the senate ever rejected?
12 since 1789
Who was the most recent rejection?
Robert bark in 1987
Who are the two nominees that Nixon lost in two years?
Haynsworth 1969
Carswell 1970
What would a president look for in a judge?
Someone who shares their judicial philosophy
How does a loose constructionist relate to the framers?
looks at the intent of the framers then tries to apply that in the context
How does a strict constructionist relate to the framers?
focus on the text and language of the framers
For a loose constructionist, what is the key to interpretation?
Looking at the law’s spirit, purpose and essence, not the exact letter of the law
Which type of constructionist has a better reputation for safeguarding individual liberties?
Loose
Which type of constructionist has a tendency to favour state government over federal government?
Strict
The principles of the constitution are what to a strict constructionist?
Fixed
Give an example of a swing justice?
Anthony kennedy
The court’s division over which case demonstrates the split between loose and strict constructionists?
1995 Adarand vs Pena
