Sc And Civil Rights Flashcards
Context
Ff- hamilton federalist paper numebr 78
Judicial review only power
Whose duty ot must be to declare all acts contrary to the manifest tenor of the constitution void
Neither force nor will but merely judgement
Chief justice
Presiding member of sc, but who holds no additional voting power to 8 other members of court
Associate justice
Member of sc ruling not the chief justcie
Appellate court
A court of appeals, accepting cases for review from courts beneath it
Origional jursidiction
Right of sc to be the first court to hear a case in certain circumstances rather than a case needing an appeal
Presdiential considerations for nominee
Judicial expectations- ara- miers underqualified 2005
Outgoing justice- like for like not done so as much
Demographics- biden jackson first african american woman
Ideology kavanagu right wing think rabk most
Conservative justice
Limited fed gov, pro life origionalist
Citizens united v fec- free speech, overturn sc ruling 7y before
Lib justice
Greater equality for all, living constitution
Obergefell v hodges0 same sex override 12 states
Loose constructionsim
Interpret more broadly, more power to fed gov, living constitution
Sotomayor- judge made policuy
Evolving and changing over time
Judicial restraint
Limited role for sc
Defer to elected and accountable branches where possible
Judcial activism
Try to achieve rulings that give decisions sociaily effectorive for, overturn previous court rulings
Sotomajor
Appointments process pros
Length of process- conditions intense needed
Miers bar experience needed
Cb president nominate senate ratify
May not be loyal to presidnet elected - kennedy reagan, sauter republican but went lib
Appointments process cons
Process 2-3 nmonths, problem when death- obama exec order dapa, death scalia 4v4 didnt pass
Nominee only 33% hearing speaking, senate judiciary committee, when aim determine viability, should do more
Media broadcast appt- kavanagh elected despite unpop and sat night live did 13 min sketch about it
Politial- coney barrett, comp garland
Aba guildielines, no constitutional background, members unaccountable
Critics judicial activism
Sc unelected and unaccountable for decisions it makes
Constitution may strike down acts of elected branches
Strike down state laws- obergefell- principle of federalism
Con undermine prior decisions- not supposed to- dobbs- politicised
Judicial review not constitutional- marbury v madison- 1803- established judicial rveiew as principle needed arbitration between exec and congress
Critics judicial restraint
If sc defers to elected branches of government, may allow laws and polices that conflict
Given short election cycle, elected branches often shy away from controversial decision but sc can
Power judicial review have to be upheld by other branches
Constitution is vague and so meaningless without interpretation
Tensions between branches- president
Obama expressed anger at court numerous times during his rpesdiency, esp dapa exec order and campaign finance
2021 biden accoused court of ‘unprecedented agianst womens constitutional rights’ abortion
Tensions between branches- congress and sc
2018 court struck down part of voting rights act 1965- 50 y unaltered
But nfib v sebelius 2011- court defied individ mandate and congress power to levy tax
Upheld trump travel ban, sc decision ‘the procedure is squarely within scope of presidential authority’
Independance of sc
Appt life- truman- whenever you put a man on the sc he ceased to be your frind’ 2 turned on him
Only congress can change number of jsutcies
Fixed salary so not a threat
Nominated by president and approved senate
Sops judicial restraint, indept yet co-dependent- needed to change but also others uphold
Aba rating
Public policy
Policy and law created by branches of government that have an effect on its pop
Living constiution
Constitution going out of date- sklavery, workers rights lgbtq
Elected and accountable branches often favour will of majoriy so need minority to be protected too
Ff could not have predicted world we lives in now- technology
Amendmnet process incredibly chalenging
Jefferson- the constitution should be of the livinbg not the dead
Jefferson on constitution
The constitution should be of the living, not the dead
Origionalist
Jackson-‘ i believe that the consitution is fixed in its menaing’ importent to look at origional intent
Intepreting makes sc political- undermine independance
Changes can be left to elected and accountable branches rather than 9 unelected justiced
Lib restraint
Whole womens health v hellerstedt 2016- upheld roe v wade
Con restraint
Glossip v gross 2015 allow use lethal injection, only cajllenge if provision by another
Stare decisis
Let the deciison stand, should adhere previous court rulings
Sc free speech and religion
303 creative llc v elenis 2023- website
Groff v dejoy 2023
303 creative llc v elenis 2023
1st ammendment right to refuse create site same sex wedding despite a satet law that prevents discrimination based on sexual orientation
6v3- also example of con balance
Went aganist public opinion 49%
Groff v dejoy 2023
Postal worker try to sue company for not time off sabbath evangelocal work on sunday
Did not overturn law many arguably wanted but said employwes want religious observation would result in high costs
Snyder v phelps 2011
In favour westboro baptist church free speech even if causes offence
Civil rights
Allen v milligan 2023
Sffa (students for fair admissions ) v harvard 2023
Allen v milligan
2023
5v4 lib ruling
Court ruled that alabama had diluted power and voice of black voters by redistrciting all black voters in one area
In line public opinion 53% agree
Sffa v harvard
2023
Court ruled race based college decisions by harvard and other uni, private instituuions unlawful
6v3 ocn win
In line public opinion 74% for
Check on exec power sc case
Hamden v rumsfeld 2006
Geroge w bush not have legal authoruity for war tribunal
5v4
Federalism case
Dc v heller 2008
5v4
1976 dc law unconstuitional seconf ammendment- outlawed handgun possession
Abortion sc case
Dobbs v jackson womens helath organisation 2022
Overturn roe v wade- abortion not constitutional right
Uphold federal
California 24 weeks, texas 6
Lgbtq sc cases
Obergefell v hodges 2015
5v4
Constitutional guarentee rihgt to same sex marriage, overtuen laws in 13 states
14th amendment equal rights
Cemenetd in law- respect for marriage act 2022 by biden= bipartisan support
Immigration sc cases
Biden v texas 2022
Trump v hawaii 2018
Biden v texas
2022’
Whether biden had to uphold trump made policies
1996 law which amended the immigration and naturalisation act used to justifiy asylum seekers claims and await support at mexioc border- not deny president the authority to end protocol
Trump v hawaii
2018
5v4 con victroy
Uphold travel ban 7 muslim majority countries cant have immigrants refugees or visas over
Imperial judiciary
An judiciary that is overaly powerful due to a lack of effective cb on its power
Glazer term
Jefferson depsotic branch,
Theorists opposed imperial judiciary
Hamilton- least dangerous branch
Dahl - sc in constant dialogue with other branches
Roberst, sc neuyral and unbiased
Is the sc imperial judiciary
Y
Unelected and unaccountable
Impact of rulings
Power on ruilings- breadth and choice
Sc imperial judiaiciary- y- unelected and unaccountable
Unelected papt- ideologicaly appt by president
Coney barett0 trunp young in for life
Trump 6v3 court
Can in theroy be impoeached not likely
Hold position for life difficult to remove
Sc imperail judiciayr- no unelected and unaccountable
Justices are sbject to threat of removal, only hold office during times of good behavoir- should prevent from acting in reckless ways
Unelected judiciary less politicised- but kavanaugh public highly aware
Comm to appt to senate- politicised w garlanda nd coney barret
Imperial judiciary -y impact of rulings
Power of judiciail review- final say so diff to overturn if stare decisisi
Use of of contsraint eg gerrymandering upheld 2019 in favour n carolina rucho v ocnmon cause
Can overturn laws and actions from branches taht are acoountable and have. Amandate- obergefell
Imperial judiciary- impact of rulinhs no
Roe v wade was overturned
Court can enforce so rely on otehr branches
Can be overturned ammendmenets- 16th prohibitionq
Imperial judciairy- power on rulings breadth and choice yes
Get 10,000 a year- only chose a few- most impotant- dobbs v students for fair admissions
Decisions based on constition so braod- living v origionalist
Pimperial judiciary -power on rulings no
Only in constitution ocnstrained
Amicus curiae
Friends of the court
Ac breifs submitted by groups with a vested interest in the court and try to advance their view on court decisions
Role of sc more judicail than political
Loa political
Sc created and set out article 3 constitution
Seek to uphold principles of constition thorugh their rulings
Glazer- imperial judiciary- political and constitutionally beyond its role
Comp wellington- judges neutral umpires, roberts- jduges are not politicians
Appt process
Process reaching rulings
Rulings
Role of sc more j than p- appt- j
Merit and expeirnce aba- miers unqualified proved
Senate appointment approval comm- remove potential political bias the presidential appt may hold
Sc more political than jduaiccial= appt process
Senate appt comm is politicised- garland and coney barett
Increasing ideologcal appt- grosuch, coney, kavanaugh0- 6v3 led to con rulings
Sc more judicial than politicsal- process reaching rulings
Rewstricted by constitution- guidling force- aim uphold constitution judicial rather than polotical
Judicial activism limited through sc only rule on case bought to them
Sc more p than j- process reaching rulings
Sc recive e10,000 cases per year so breadth which to choose from
Diff approaches, living v origionalist- dobbs
Sc more j than p- rulings
Sc cannot ecnorec rulings so relies on other branches- important legit and judicial made in order to be enforced
Sc more p than j - ruliljng impact
Uphold constituon anything legit
Overturn other branches obergefell
May uphold powers of one political branch over another- trump v vance
Explicitly political gore v bush 2001- chose president
Rational similiarty sc
Both guided by personal judiciai philospogy
Those fighting for rights find sc an acess point
J should be aware of political legitimacy q posed by unelected and unaccountable sc
Rational for voters to view sc as political las structure in which legisltaion made
Rational diff sc
More clearly ideological us than uk and also us more publci
Cultural similarity sc
Both largely valued rule of law and judiciary
Populaist movenents in both keen to prresent judges as out of touch of elite agianst will of public- brexit
Neither sc any power enforce its rulings but culturally accepted that will be
Cultural differences sc
Cultural expectiaion of protection of rights far higher in usa than uk
Culture war greater in us- abortion contested, but uk brexit daily mail ‘enemies of the people’
Sturctural similarities- scq
Power determined by constitution
Ideology and neutrality delegated by process appt
Hra encorperate echr in law- sc more constititioonal court
Structural diff sc
Uk not codified- living- parliament soveirgn, less power thorugh jsutices and mroe easy to influence parliament
Uk judicial appt made by judicial appt comm ratehr thean political parties individ
Analyse how us sc is more independent than uk counterpart
Strike down laws- obergefell, rwanda (gov ignored and classed rwanda a safe country)
Retirement age- us can be for elife rbg, uk 75 (gov increased from 70 to 75)
Soveriegnty of constitution- structural- us, uk palriament
Analyse us is better at protecting rights than the uk
Strike down laws- obergefell v rwanda
Codifeied- free speech 1st ammendment snyder v phelps, uk no bill of rights with right to protext locking on bill
Pg- us amicus briefs and greater support common cuase, alexander v s carolina gerrymandering racial grounds
Uk less os howard league penal reform , only small wins for books in prison 2014,
Law for establishing judicial review
Fletcher v peck 1810
State law unconstitutional- georgia did not have the constitutional authority to revoke a corrupt land sale
Ig involved with dc v heller
67 in total
47 foor deller- pro guns- nra, foundation free expression
20- dc- american bar association, naacp
