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
