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Supreme court Flashcards

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1
Q

How many judges are on the court?

A

9 judges - odd number to prevent a tie

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2
Q

Who nominates judges to the Supreme Court?

A

the president

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3
Q

Who confirms appointments to the Supreme Court?

A

A simple majority in the senate

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4
Q

How long are justices appointed for?

A

Justices are appointed for life

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5
Q

How do Justices usually leave service?

A

By voluntary resignation
Death
Impeached

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6
Q

What is the role of the Supreme Court?

A

To interpret and uphold the constitution

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7
Q

Where are the powers of the Supreme Court laid out?

A

In article III of the constitution

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8
Q

What is the role of the chief justice?

A

The presiding member of the Supreme Court but holds no additional voting power over the other 8 members of the court

the current chief justice is John Roberts

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9
Q

What is original jurisdiction?

A

The right of the Supreme Court to be the first court to hear a case in certain circumstance rather than a case needing to be appealed

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10
Q

How many cases does the Supreme Court receive per year?

A

7000 - 8000 cases per year

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11
Q

How man cases does the Supreme Court hear each year?

A

Around 1% of cases each year - the court can decide which cases it hears

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12
Q

How does the constitution ensure the Supreme Court remains independent?

A

The constitution prevents the salary of justices being lowered during their time in office meaning they don’t have to be concerned over repercussions from the president or congress for voting against them

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13
Q

What did Truman say regarding SC nominees?

A

‘whenever you put a man on the SC he ceases to be your friend’ - referring to two of his appointees voting against him

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14
Q

How does the Justices being appointed for life ensure their independence?

A

Justices are appointed for life meaning the president or congress can’t remove them for making decisions they don’t agree with - especially significant due to complaints made by president’s displeased with the voting habits of their nominees

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15
Q

How does the separation of powers in the US ensure the Justices independence?

A

Separation of powers grants the court it’s own power e.g. judicial review allows the SC to check the power of the president and congress

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16
Q

Give an example of judicial review

A

Boumediene v Bush 2008 - the SC ruled against both congress and the president by ruling the military commissions act unconstitutional - allowing detainees held at Guantanamo bay to challenge their detention in US courts - willingness to rule on controversial issues

Trump v Vance (2020) declared Trump’s claim of immunity from local law enforcement

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17
Q

Why is it important that the SC remains independent?

A

It is crucial to their operation and to ensuring the power of government can be limited

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18
Q

What is judicial review?

A

The power of the SC to judge actions of the presidential branch or acts/actions of congress against the constitution - the SC can declare these acts unconstitutional

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19
Q

What are the 2 cases that set judicial review as a precedent?

A

Marbury v Madison (1803)
Fletcher v Peck (1810)

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20
Q

What is the only way to overturn a SC decision?

A

To change the constitution itself - which has only occurred once - the farmers’ loan & trust co was later nullified by the 16th amendment

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21
Q

What are the five stages of the appointment process for the SC?

A
  • Vacancy arises
  • Presidential nomination
  • ABA rating
  • Senate judiciary committee hearings
  • Senate floor vote
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22
Q

Explain and give examples for the ‘vacancy arises’ stage of the SC appointment process

A
  • A vacancy can only arise through death, retirement or impeachment of a current SC justice e.g. Justice Scalia died in 2016 and was replaced by Garusch - Justice Kennedy announced his retirement in 2018 and was replaced by Kavanaugh
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23
Q

Expand on ‘presidential nomination’ stage of the SC appointment process

A
  • The president can choose whoever he likes to fill a vacancy - expected however they have judicial experience and can pass the senate vote
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24
Q

Expand and give examples for the ‘ABA rating’ stage of the appointment process

A

Not a constitutional requirement but the ABA offers a rating of ‘unqualified’, ‘qualified’ or ‘well qualified’ for judicial nominees

all but one of the current justices hold a ‘well qualified’ rating e.g. Justice Thomas was deemed to be ‘qualified’ which made it difficult for him to be confirmed by the senate

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25
Q

Expand and give examples for the ‘senate judiciary committee hearing’ stage of the appointment process

A

Not a constitutional requirement - holds hearing in which they can question the nominee - at the end of the hearing the committee holds a vote - serves as a recommendation to inform the senate vote

e.g. Robert Bork was rejected by the committee 9-5 and subsequently faced defeat in the full senate vote

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26
Q

Expand and give examples for the ‘senate floor vote’ stage of the appointment process

A

Following the recommendatory vote from the SJC the whole senate must vote to confirm an appointment

e.g. following the 2017 reforms this vote can no longer be filibustered and requires just a simple majority e.g. Robert Bork rejected in 1987 by a 42-58 vote

27
Q

What was controversial about the appointment of Brett Kavanaugh?

A

He replaced Kennedy who was known as the swing justice yet by comparison Kavanaugh would be one of the most conservative judges on the court & so the resulting court would have a more conservative outlook

During the appointment process Kavanaugh was facing sexual assault allegations & interest groups such as pro choice NARAL lobbied against Kavanaugh

28
Q

What factors would the president consider when nominating a justice?

A

Judicial experience
The outgoing justice
The demographics of the SC
The ideology of the nominees

29
Q

Why would a president consider a nominees judicial experience?

A

The nominee is expected to be experienced as judge and be qualified in law - one of the key reasons Harriet Miers’ nomination was criticised in 2005 (no judicial experience)

30
Q

Why would a president consider the position of the outgoing justice when nominating their replacement?

A

Often the president may be expected to replace the nominee on a ‘like for like’ basis to maintain the balance of the court - less likely to face extreme opposition in the senate

31
Q

Why would the president consider the demographics of the Supreme Court when nominating a justice?

A

A president may wish to widen the representative nature of the SC through appointments e.g. Obama appointed two women and the first ever Hispanic justice

32
Q

Why would the president consider the ideology of the nominee when nominating a justice?

A

The president typically considers their nominees ideologies and their compatibility with their own as this can influence desired outcomes for future rulings

e.g. Trump nominated judges who were likely to be conservative in their rulings - Barrett & Kavanaugh

33
Q

How can a president ascertain a nominees ideological stance?

A
  • previous rulings if they were a judge
  • membership to a think tank e.g. Kavanaugh appeared on a list of the right wing think tank ‘the heritage foundation’ prior to Trump’s nomination
34
Q

What is a swing justice?

A

A justice who sits in the ideological middle of the 9 justices on the US Supreme Court to prevent ideological bias

35
Q

Give an example of a prolific swing justice

A

Kennedy = important swing justice - often referred to as the ‘Kennedy court’ when the court is traditionally named after the Chief Justice

36
Q

What are the characteristics of a conservative judge?

A

A justice who is more likely to try & achieve rulings which produce a more limited federal government - uphold conservative ideals e.g. pro gun & anti abortion

37
Q

What judicial philosophy’s are conservative judges likely to abide by?

A

Strict constructionist
Original constitution

38
Q

What are the characteristics of a liberal judge?

A

A justice who is more likely to achieve rulings which produce greater equality for all even if it means a larger federal government - uphold liberal ideas e.g. LGBT rights

39
Q

What judicial philosophy’s are liberal judges likely to abide by?

A

loose constructionist
living constitution

40
Q

How would a loose constructionist interpret the constitution?

A

A justice who is more willing to interpret the wording of the constitution broadly - might include offering the fed govt more power

41
Q

How would a strict constructionist interpret the constitution?

A

A justice who will stick to the wording of the constitution as the text is written without interpretation

42
Q

What is judicial restraint?

A

A justice who believes in the SC having a limited role - ruling only for the people in front of them in a case and deferring to the elected & therefore accountable branches where possible

43
Q

What is judicial activism?

A

A justice who is likely to use their position on the court to achieve rulings that give desirable social ends as far as their ideology is concerned

44
Q

What is a living constitution?

A

The theory that the constitution is a living, evolutionary and organic document that can be changed through reinterpretation over time

45
Q

What is a original constitution?

A

A belief that the meaning and interpretation of the US constitution is set by the original principles of the document - it shouldn’t be subject to broad interpretation

46
Q

What evidence is there that despite ideological divisions the current SC isn’t divided?

A

only around 20% of cases are decided with a 5-4 vote and the most common decision issued by the court is
9-0 suggesting there are factors other than personal interpretation and ideology that influence a judge’s decision

47
Q

What are some benefits of the appointment process for justices on the SC?

A

The process from nomination to ratification takes between 2-3 months - candidates can be vetted and their suitability tested in terms of their judicial experience e.g. Harriet Miers nominated by Bush (2005) was rejected due to no judicial experience

the ABA further vets suitability to rule on SC cases through offering a rating of qualification - not a constitutionally reinforced decision but valued by the senate e.g. Justice Thomas was only deemed to be ‘qualified’ which made it difficult for him to receive senate confirmation

48
Q

What are some drawbacks of the appointment process for justices on the SC?

A
  • Length of the process: a vacancy arising leaves an imbalanced court that can affect policy decisions e.g. Obama’s struggle to appoint a new justice after a justice’s death led to him not being able to pass DAPA as his court was split 4-4 and so the policy denied - due to not having a swing justice that could have potentially passed the pact
  • Mandate of the SC - the SC is an unelected branch and perhaps arguably diminishes democracy as they are the highest court of appeal
  • Politicisation of the process: senate increasingly voting along party lines for nominees affects SC’s neutrality & as the political balance of the court is affected e.g. Kavanaugh’s appointment was approved by the senate 50-48 with just one democrat voting for him and the rest all republican
49
Q

What is public policy?

A

Policy and law created by the branches of government that have an effect on the US population

50
Q

Give an example of a SC ruling on a case which led to the creation of new policy

A

Citizens united v FEC (2010) - created a new policy allowing for the development of Super PAC’s which could raise unlimited amounts for campaigning by ruling that some provisions of BICRA violate the first amendment

McCutcheon v FEC (2014) - the ruling lifted the ‘aggregate cap’ which limited the total amount an individual could spend in an election - SC ruled that caps on spending violates the first amendment

51
Q

Give an example of a SC ruling that upheld existing policy?

A

NFIB v Sebelius (2011) - the ruling upheld Obamacare allowing it to continue, the decision only narrowly passed with the four liberal justices joined by the Chief Justice

52
Q

Name a significant SC ruling related to the first amendment

A

Synder v Phelps 2011 - decided free speech in public even if considered offensive or causing emotional distress is not limited

53
Q

Name a significant SC ruling related to the 2nd amendment

A

Chicago v McDonald (2010) - gun control - the right to bear arms for self defence is also applicable to states as well as federal govt law

54
Q

Name a significant SC case ruling related to the 4th amendment

A

Carpenter v US (2018) - to acquire cell phone location data amounts to a 4th amendment search and therefore requires a warrant

55
Q

Name a significant SC case ruling related to the 5th amendment

A

Berghuis v Thompkins (2010) - the ruling stated that staying silent during interrogation was not the same as invoking the 5th amendment right to silence

56
Q

Name a significant SC case ruling related to the 8th amendment

A

Glossip v Gross (2015) - the SC ruled that lethal injection using midazolamm doesn’t violate the 8th amendment

57
Q

Name a SC case ruling related to the 14th amendment

A

Obergefell v Hodges (2015) - the right to marry is guaranteed to same sex couples

58
Q

Give evidence that the SC is a political institution

A
  • members are appointed by a politician (the president)
  • appointments are confirmed by politicians (the senate)
  • it makes decisions on issues that feature in elections e.g. abortion, gun control etc
  • some have described the court as ‘a third house of legislature’ i.e. rulings can lead to the creation of policy
59
Q

Give evidence that the SC isn’t a political institution

A
  • it’s members are judges not politicians and it operates on the principles of judicial neutrality & independence
  • the court is independent - not subject to political pressure as they don’t involve themselves in party politics
  • members make decisions based on legal and constitutional arguments not personal political ideology
60
Q

What are the checks of congress on the SC?

A
  • the senate has the power to confirm or reject appointments
  • congress fixes the numerical size of the court
  • congress can imitate constitutional amendments that would have the effect of overturning the court’s decision
61
Q

What are the checks of the president on the SC?

A
  • the president has the power to nominate justices
  • the president can throw their political weight behind a courts decision thereby enhancing or decreasing their legitimacy
62
Q

Give evidence that the SC has too much power

A
  • the court gave itself the power of judicial review and is a powerful check on both the congress and the president
  • it has increasingly declared acts of congress unconstitutional
  • it is an unelected body
  • it is a largely unaccountable body
63
Q

Give evidence that the SC doesn’t have too much power?

A
  • congress and the president can perform checks and balances on the SC e.g. the senate confirms or rejects appointments
  • it has no initiative power it must wait for cases to come before it
  • it is dependent upon the rule of law and other branches of government to enforce it’s decisions
  • public opinion is a restraining force on the court’s power
  • it is checked by the constitution and can check itself e.g. the decisions in Ramos v Louisiana (2020) overturned the court’s decision in Apodaca v Oregon (1972)

US politics (13 decks)

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