Supreme Court Flashcards
Whats the closest any SC judge has been to being impeached/removed?
Abe Fortas resigning in 1968 rather than face impeachment
What do Strict Constructionists beleive
usually conservative, an often literl interpretation of the Constitution
- Otherwise knwon as originialists as they look at intent of founding fathers
What do loose Construtionists beleive
Interpret document in current context, usually liberal they see doc as living consitutition
Although Presidents can choose a judge which usually reflects their opinon, what is an example of the opposite happening?
Eisenhower choosing Earl Warren during civil rights and expecting him to be conservstive when he was actually ver progressive - Brown v Topeka (1954)
Who was the ‘Swing Vote’
Anthony Kennedy
In the 23 decisions in which the justices split 5-4, Kennedy was in the majority in 18
What requirements do SC judges need to be appointed?
None - do need majoirty in both houses of congress tho
What effect does the Senate Judiciary Committee have ?
usually asks patsy questions if favours president
- Usually a good indication of how senate vote will go Ruth Bader Ginsburg, unanimous vote in Committee + 96-3 in Senate - Clarence Thomas - 7-7 on Committee and 52-48 in Senate
What is a good example of the lack of bipartisan support the Senate Judiciary Committee now creates?
Ability now to invoke a Cloture by a simple majority (one party) shows how Justices used to command more bipartisan support
Why can the SC be described as ‘quasi-legislative’?
Can be seen to make ‘new laws’ - ‘Roe v Wade, 1973 + ‘Brown v Topeka’, 1954
Some argued Roe v Wade wold have been more impactful had it been a congressional law
What is Judicial Activism?
- refers to court rulings that are based on the judge’s political or personal considerations, rather than existing laws - Civil Rights, Warren Court
Activism can be regressive - current court is activist - Abortion, 2nd Amendment, Climate Change
What is judicial restraint
a belief that judges should limit the use of their power and should not declare laws unconstitutional, unless there is clear conflict with the Constitution
‘Stare Decisis’ - ‘to stand by things decided’; judges sticking by precedent established by previously decided cases
What are three restriants on Judicial Review?
Public Opinion; the Striking down of new deal legislation in 1930s showed SC as out of touch with people and thereofore undemined its status
Lack of Enforcement Power - SC has no legislative backing so can’t enforce laws - e.g. Southern states refusing Civil Rights acts in 50s + 60s
Legal Process- Judges only have access to cases that are brought before them - they cannot decide on anything they want
An example case of the SC defending the Freedom of Religion?
Burwell v Hobby Lobby Stores 2014
SC ruled that profit organizations had the right to deny employees access to healthcare if they wanted an abortion
An example case of the SC defending the Freedom of Speech ?
Citizens united v Federal Electoral Commission 2010
Ppl wanted to make a film about Hilary clinton
- FEC said they should be allowed because of free speech
- case had huge implications on campaign finance
An example of the SC protecting the Second Amendment
District of Columbia v Hedges, 2008
Allows carry of hanguns, split by ideology
New York State Rifle and Pistol Associaiton v Bruen -2022
- allows unconcealed carry
