Politics Supreme Court

Question 1

How do Republican Appointed Judges tend to differ from Democrat appointed Judges?15 marks - 15 mins

Answer 1

A1
• Explain the appointment process for Supreme Court justices: role of president and Senate. 9 Supreme Court Justices - the number is fixed by congress and members appointed by the President- they are confirmed by Senate. Appointed for life Presidents look for judges who share their Judicial Philosophy - Liberal (Loose Constructionist)/Conservative (Strict Constructionist)- Give examples.
• Briefly review the current make-up of the Court: the number of Republican- and Democrat-appointed justices (give example of each).
• Characteristics of Republican-appointed justices Salico, Alito, Roberts are likely to be:
 conservative
 strict-constructionist
 inclined to interpret the Constitution literally
 inclined to defer to states’ rights rather than that of the federal government
• Characteristics of Democrat-appointed justices Kagan, Breyer Sotomayer, Ginsberg are likely to be:
 liberal
 loose-constructionist
 inclined to read things into the Constitution
 more inclined to defer to federal government power over states’ rights
• But point out that there are notable exceptions, e.g. former justices John Paul Stevens and David Souter Bush appointed not realising one of most liberal membersliberal
• Also ‘swing justices’, e.g. Anthony Kennedy.

Question 2

Using Examples, explain the checks on the Supreme Court Powers - 15 Marks

Answer 2

• Briefly explain that the Supreme Court’s powers principally revolve around its power of judicial review (define) and its role as guardian and interpreter of the Constitution.
• Checks on the Supreme Court will include checks from different sources.
• Checks by Congress might include (give an example of each):
 Senate confirmation of appointments
 impeachment, trial and removal from office
 power to decide the number of justices
 power to initiate constitutional amendments which would have the effect of overturning a Supreme Court decision
• Checks by the president might include (give an example of each):
 nomination of justices
 deciding whether to support or criticise a Court decision
• Other checks might include (give an example of each):
 lack of enforcement powers
 no initiation power
 public opinion
 the Constitution

Question 3

A3 Why are Appointments to the Supreme Court so Controversial? 15 mins - 15 marks

Answer 3

A3
• Explain the appointment process which might include (give examples):
 the role of the president
 waiting for a vacancy (because of the life tenure of justices)
 the ABA rating
 the role of the Senate, including the Senate Judiciary Committee
• Reasons why these appointments are so controversial might be because:
 they occur quite rarely; none between 1994 and 2005
 appointment is for life, ‘during good behaviour’
 there are only 9 justices, the ideological balance of the Court might be changed by one appointment (explain, give an example)
 appointments that are thought to change the Court’s ideological balance tend to be the most controversial: e.g. Alito in 2006, rather than Kagan in 2010
 the Court’s power of judicial review is so important
 of the involvement of media and pressure groups
 of the politicisation of the appointment and confirmation process

Question 4

B1 Essay - 45 marks Why Can the Supreme Court be regarded as a Political institution?

Answer 4

Essay questions
B1
• Show an understanding that the Supreme Court sits atop the federal judiciary; that its members are judges not ‘politicians’; that the Court is independent of both Congress and the presidency in so far that they make decisions free from political pressure or sanction.
• However, there are a number of reasons why in some senses the Supreme Court may be regarded as a ‘political’ institution, and these might include:
 justices are appointed by a politician – the president
 the type of justice whom a president might appoint is often mentioned during presidential elections
 justices are confirmed by politicians – senators
 this process has become more politicised in recent decades with party line votes on confirmation
 the increased role of pressure groups during confirmation hearings also leads to politicisation
 the Court makes decisions concerning matters of great political importance these matters are the things which often divide Democrats and Republicans in election campaigns and therefore are seen as being highly ‘political’
(give examples) 1st Amendment: Freedom of speech and expression Texas v. Johnson (1989) a Texas state law forbidding the burning of the US flag declared unconstitutional by the Court Pres George Bush described decision as ‘wrong, dead wrong’ Baes Vs Rees (2008) the court decided lethal injection - the method used to execute criminals in 35 states did not violate 8th Amendment ban on cruel and unusual punishment. was
  the Court in effect decided the result of the 2000 presidential election in the case of Bush v. Gore

Question 5

B2 How Successful has the Supreme Court been at protecting Individual Rights and Liberties?

Answer 5

B2
• Show an understanding of how the Supreme Court protects individual rights and liberties – through its power of judicial review (define). Judicial Review is not mentioned in the constitution. This is the power of the Supreme Court to declare Acts or actions of State Governments unconstitutional and thereby null and void. The Marbury and Madison 1803 decision.
• Show an understanding of ‘individual rights and liberties’ (define and give a few examples). 8th Amendment: capital punishment - Atkins v. Virginia (2002) Court ruled execution of mentally disabled (retarded - American word) was unconstitutional). Brown v. Board of Education of Topeka (1954) banned racially segregated schools as transgressed 14th amendment - Right to Equal Protection - however in Gratz v. Bollinger(2003) the court ruled the Univ of Michigan affirmative action based undergraduate admissions programme unconstitutional because too mechanistic. Roe v. Wade
• Note: in this answer it will not be sufficient merely to show that the Court has the power to protect such rights and liberties; you will need for each to analyse ‘how successful’ the Court has been in protecting them.
• An analysis of the Court’s success/lack of success in protecting individual rights and liberties might include:
 freedom of religion
 freedom of speech and expression
 right to bear arms
 rights of arresting persons
 capital punishment
 rights of racial minorities
 abortion rights
• Make some conclusion as to the balance of the argument.

Question 6

B3 Is the Supreme Court too powerful for an unelected body?

Answer 6

B3
• Show an understanding that the Court is unelected – that its members are appointed by the president and confirmed by the Senate, but that both the president and the Senate are elected and thereby publicly accountable.
• Show an understanding of how powerful the Supreme Court is through its power of judicial review which allows it to:
 declare Acts of Congress unconstitutional (give examples)
 declare actions of members of the executive, including the president, unconstitutional (give examples)
• That these powers turn the Court into a ‘quasi-legislative’ body, i.e. the effect of its decisions are as if a law had been passed (e.g. guaranteeing a woman’s right to an abortion).
• Note: it will be necessary in this answer not merely to discuss that the Court is ‘powerful’ but to establish whether or not it is ‘too powerful’ – i.e. has too much power.
• Discussion of the checks on the Court which thereby limit its power, which may include:
 checks by Congress
 checks by the president
 other checks (e.g. public opinion)
• Make some conclusion as to the balance of the argument.