Nature and role of the Supreme Court

Question 1

What are District and Circuit Courts respectively?

Answer 1

Circuit courts are a lower form of federal court that exist below the Supreme Court. District Courts are a set of courts that sit below Circuit Courts where most appeal cases begin before elevation to Circuit Courts.

Question 2

How can Supreme Court justices be removed ?

Answer 2

• The house must impeach them by a simple majority and the senate must then try them
• If found guilty by senate they must be removed by a super majority
• HOWEVER no Supreme Court justice has ever been impeached although an associate Justice resigned from the SC in 1968 rather than face impeachment

Question 3

What is the importance of the Supreme Court’s Chief Justice?

Answer 3

The Chief Justice of the Supreme Court can set the tone of te Supreme Court although they do not have powers which exceed those of their associates. They tend to have a distinct ideological leaning that they encourage the Court to adopt itself.

Question 4

What is a judicial review? (US) How did the Marbury v. Madison case (1803)

Answer 4

A judicial review is the process whereby the Supreme Court can strike down Executive actions, Acts of Congress or the state equivalents of these. Marbury v. Madison was the case which ‘discovered’ the power of judicial review when they declared that actions taken by President Adams to appoint judges before his emplacement took office were unconstitutional.

Question 5

What was the importance of the Fletcher v. Peck case to judicial review?

Answer 5

Fletcher v. Peck saw the first instance of the Supreme Court striking down a state law which it perceived to be unconstitutional, concerning laws over land which had been passed.

Question 6

How has the power of judicial review politicised the Supreme Court as a body?

Answer 6

The power of judicial review has seen the Court attempt to update the meaning of the Constitution’s words, meaning that the application of modern cases to the constitution has seen the Court determine what is permissible under the constitution.

Question 7

How have judicial reviews changed the Supreme Court into a quasi-legislative body?

Answer 7

Judicial reviews have seen the Supreme Court’s decisions having a similar impact to passing an Act of Congress as their judgements cannot be overturned by legislation alone. Changing their judgements requires either a further Court judgement or a constitutional amendment.

Question 8

2021 How many republicans or democrats ?

Answer 8

• 6 Republicans including the chief justice

- 3 Democrats

Question 9

Factors that reinforce the independence of the SC (3)

Answer 9

1. It has remained at 9 members meaning outside influences have a limited impact
2. They are appointed for life and cannot be dismissed if a congress or the president disagrees with their decisions
3. Separation of powers grants constitutional independence

Question 10

Factors that undermine independence

Answer 10

1. Congress retains the power to alter the composition of the Supreme Court
2. Members can only be removed via the impeachment process meaning the Houses are involved
3. The SC lacks enforcement powers eg Brown v. Board had issues being enforced
4. All supreme court justices are nominated by the President + confirmed by a simple majority vote in senate