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Politics Paper 3 > Supreme Court > Flashcards

Supreme Court Flashcards

1
Q

What is the central role of the supreme court?

A

to uphold the constitution - acts as a constitutional court rather than a criminal one, it determines the acceptability of actions within the rules of the constitution

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2
Q

What is the structure of the federal judiciary?

A

SC sits at the top. Below are the US Courts of Appeal and US District Courts.

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3
Q

What powers are given to the SC by the constitution?

A
  • establishes SC
  • extent of judicial power
  • life tenure for judges
  • original jurisdiction
  • appellate jurisdiction
  • appointment process
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4
Q

What powers are implied by the constitution to the SC?

A

power of judicial review

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5
Q

What powers are established by acts of congress under constitutional authority to the SC?

A

Congress has the power to:
- establish inferior courts
- determine number of justices on the court

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6
Q

How does the US Constitution establish an independent SC?

A
  • separation of powers
  • appointment process
  • life tenure
  • salary
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7
Q

How does separation of powers ensure independence of SC?

A
  • no one in the executive or legislature works closely with judges
  • there is little chance of close connections or pressure
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8
Q

How does the appointment process ensure independence of SC?

A
  • president cannot determine appointment of justices alone
  • senate must accept or reject presidents nominees
  • a president is therefore prevented from appointing someone who will not act independently because they have close connections to the president
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9
Q

How does a life tenure ensure independence of SC?

A
  • justices are appointed for life
  • prevents the threat of removal
  • president or congress cannot remove a justice
  • justices have the freedom to act regardless of the wishes of the president of the day
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10
Q

How can a justice be removed?

A

supermajority by Congress

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11
Q

How does the salary ensure independence of SC?

A
  • judicial compensation clause of article III protects pay of judges
  • establishes that their pay “shall not be diminished during their continuance in office”
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12
Q

What is judicial review?

A

the power of the SC to declare acts of Congress, acts of executive, acts/actions of state governments unconstitutional

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13
Q

How was the power of judicial review established?

A
  • not stated in constitution
  • ‘found’ by the Court in Marbury v Madison
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14
Q

Name the case that gave the SC the power of judicial review

A

Marbury v Madison 1803 - when it first overturned an Act of Congress

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15
Q

What case further defined the power of judicial review after Marbury v Madison?

A

Fletcher v Peck 1810 - the court overturned state law for the first time

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16
Q

What does the power of judicial review guarantee?

A

fundamental civil rights and liberties

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17
Q

What is the SC’s political importance?

A

it rules on key political issues such as the rights of racial minorities, capital punishment, gun control and freedom of speech

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18
Q

What does it mean that the SC is a “quasi-legislative body”?

A
  • the effects of its decisions have almost the effect of a law having been passed by Congress
  • it turns the court into a “third house of the legislative” / a “political” institution
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19
Q

Give an example of where the SC has been turned into a “quasi-legislative body”

A

original Roe v Wade - had the effect comparable to an abortion rights law having been passed by Congress

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20
Q

What are the three stages of the SC appointment process?

A
  1. vacancy occurs
  2. president nominates a new justice
  3. senate decides
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21
Q

How might a vacancy occur for a new justice?

A

death, resignation or impeachment of justice

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22
Q

What do presidents look for when appointing a new SC justice?

A
  • shares a similar judicial philosophy to himself
  • young so they stay in the Court for longer
  • acceptable to a majority of the Senate (particularly important if president’s party is the minority)
  • does not have a controversial background
  • has relevant experience
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23
Q

How has the confirmation process changed over recent years?

A
  • nominees used to be approved mostly by overwhelming, bipartisan votes
  • now, confirmation votes are more likely to be along party lines (senators from the president’s party saying ‘yes’ and those from the other party voting ‘no’)
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24
Q

Give an example of when the confirmation process was along party lines

A

Neil Gorsuch in 2017 - 51 Republicans voting ‘yes’ / 45 Democrats voting ‘no’

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25
Q

Which Senate Committee helps to confirm appointments? What do they do?

A

Senate Judiciary Committee holds hearings, including an interview with the nominee and makes a recommendation to the full chamber

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26
Q

How does the Senate decide to approve or reject an appointment?

A

full Senate vote held
over 50% required for the nominee to be appointed

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27
Q

How is the nomination process politicised?

A
  • president’s own policy preferences infect the court
  • they attempt to choose justices who share their political views and judicial philosophy
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28
Q

Give examples of Presidents who appointed nominees based on sharing their own political views/judicial philosophy

A

Obama with Kagan
Trump with Gorsuch

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29
Q

How does the nature of justices threaten the neutrality of the court and its rulings?

A

they are even described as ‘liberal’ / ‘conservative’

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30
Q

How is the ratification process politicised?

A

justices are now frequently confirmed on party line votes e.g. Gorsuch

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31
Q

What are appointments more focused on?

A

ideology than judicial stability - a president will seek to influence the ideological makeup of the SC by nominating a justice aligned with their ‘liberal’ / ‘conservative’ belief

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32
Q

What does the finely balanced liberal and conservative judges of the SC lead to?

A

swing justices who may have a disproportionate influence over key issues

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33
Q

Who are swing justices?

A

the pivotal justice in an otherwise evenly balanced court
the one who will often be in a position of casting the deciding vote

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34
Q

Give an example of a swing justice

A

Anthony Kennedy

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35
Q

Who’s nomination marked a turning point and what was significant about it?

A
  • nomination of Bork in 1987 - he was rejected by D’s in particular who tried to prevent a strong conservative influencing the outcome of court decisions
  • since then, hearings have become more politically charged
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36
Q

What limits the political effect of presidential appointments?

A
  • separation of powers - justices are independent of the executive and legislative branches
  • once in office, SC justices are independent of presidential/congressional influence therefore maintaining their judicial role
  • few checks on the power of SC - justices can make decisions as they see fit rather than as their appointees wish
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37
Q

Give an example of a justice who did not follow the ideology expected of them by the president appointing them

A

Warren was more liberal than expected

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38
Q

Why was the nominee Harriet Mies not successful in 2005?

A
  • she was attacked by Republicans for not being sufficiently conservative
  • she was attacked by Democrats for a lack of experience
39
Q

How can we argue that appointments to the SC is the most important nomination a president makes?

A
  • they occur infrequently
  • they are for life
  • just one new appointee to a nine member body can significantly change its philosophical balance
40
Q

How is the appointment of Merrick Garland in 2016 significant?

A
  • nominated by Obama
  • Senate blocked any nomination by refusing to hold a vote
  • extreme partisanship: senate did not fulfil its constitutional duty to advice and consent
  • allowed Trump to fill the vacancy instead (Gorsuch)
41
Q

How is the Senate Judiciary Committee ineffective?

A
  • members from the president’s party tend to ask soft questions to the nominee
  • members from the opposition party attempt to attack/embarrass the nominee rather than to elicit relevant information
42
Q

How does ideology impact presidents choice of nominee?

A
  • choose nominees who share their political views and judicial philosophy
  • highly unlikely to nominate someone of an opposing political view
    e.g. Republican president is likely to choose a conservative justice
43
Q

Give an example of how geographical background impacts presidents choice of nominee

A

Washington carefully awarding his six court appointments to different states

44
Q

How did Obama increase the diversity of the SC?

A
  • replaced two white males with two females
  • appointed Court’s first hispanic justice
45
Q

If a president faces a hostile senate how might this affect their choice of nominee?

A

he might make a nomination that the knows will be acceptable to the senate or somebody that will gain him votes within key groups

46
Q

What is significant of Obama’s appointment of Sotomayer ?

A

able to use this to increase his support among Hispanic voters between 2008 and 2012

47
Q

Describe the composition and ideological balance of The Warren Court 1953-1969

A
  • described as activist
  • focused on a series of civil rights cases delivering liberal opinions
48
Q

Give an example of The Warren Court delivering liberal opinions on a civil rights case

A

Brown v Board of Education 1954

49
Q

Describe the composition and ideological balance of The Rehnquist Court 1986-2005

A
  • more restrained
  • dealt with fewer than 100 cases per year
  • reduced its political impact
50
Q

What issue was The Rehnquist Court 1986-2005 associated with?

A

states rights agenda - several rulings that protected the power of the states, halting decades of expansion of federal power

51
Q

Describe the composition and ideological balance of the The Roberts Court (since 2005)

A
  • more conservative
  • series of conservative rulings undermining campaign finance regulations
52
Q

Give an example of The Roberts Court delivering conservative opinions on campaign finance regulations

A

Citizens United v FEC 2010

53
Q

Give an example of when the Roberts Court disappointed conservatives

A

NFIB v Sebelius which upheld Obama’s Affordable Care Act

54
Q

What are the two judicial philosophies?

A
  1. strict constructionists
  2. loose constructionists
55
Q

What does strict constructionist mean?

A
  • interpret constitution in a strict, literal fashion
  • favour state government over federal government power
  • tend to lead to an outcome that is often seen as ‘conservative’
  • essentially ‘Republican’
56
Q

Which courts are strict constructionist?

A

The Rehinquist and Roberts Court

57
Q

What does loose constructionist mean?

A
  • interpret the constitution in a loose fashion
  • favour federal power over state power
  • see the constitution as a living, dynamic entity (to take into account views of contemporary society so can be adapted)
  • often seen as ‘liberal’
  • essentially ‘Democratic’
58
Q

Which court is loose constructionist?

A

The Warren Court

59
Q

Give examples of justices that are strict constructionist

A

John Roberts - Bush
Samuel Alito - Bush
Neil Gorsuch - Trump

60
Q

Give examples of justices that are loose constructionist

A

Stephen Breyer - Clinton
Sonia Sotomayor - Obama
Elena Kagan - Obama

61
Q

How has the SC had a major impact on public policy?

A

through its use of judicial review
by giving rulings in areas such as health, education, environment it can impact public policy by removing it or upholding it

62
Q

Give the ways in which the SC impacts public policy

A
  • removes existing policy
  • upholds existing policy
  • establishes new policy
63
Q

Give an example of the SC removing existing policy

A

Shelby County v Holder 2013

64
Q

Shelby County v Holder 2013

A
  • overturned long standing public policy of Voting Rights Act 1965
  • protected states rights to decide election laws
65
Q

Give an example of the SC upholding existing policy

A

NFIB v Sebelius 2012

66
Q

NFIB v Sebelius 2012

A
  • states rights/interstate commerce clause, right of federal government to impose income tax
  • upheld major piece of public policy in the Affordable Care Act
67
Q

Give an example of the SC establishing new policy

A

Obergefell v Hodges 2015

68
Q

Obergefell v Hodges 2015

A
  • created a new constitutional guarantee to the right to gay marriage
  • forcing many states to change their public policy
69
Q

How has SC impacted public policy on abortion?

A

overturning of Roe v Wade - originally Roe v Wade guaranteed a woman’s right to choose an abortion as a constitutionally protected right, this is no longer the case and is reserved to states

70
Q

How does the SC’s influence over public policy make it a political body?

A

it makes decisions on policies that are fought over in election campaigns e.g. abortion and gay rights

71
Q

What is judicial activism?

A

an approach to decision making whereby judges should use their position to promote desirable social ends - even if that means overturning the decisions of elected officials

72
Q

What is judicial restraint?

A

an approach to decision making whereby judges should not seek to ‘legislate’ from the bench, this should be left to the legislature and executive

73
Q

Describe an activist court

A
  • one that sees itself as leading the way in the reform of American society
  • sees itself as an equal partner to the legislative and executive branches
  • often uses its power of judicial review to strike down acts or actions of elected officials
74
Q

Give examples of courts acting as ‘activist’

A
  • Roe v Wade - guaranteed a woman’s right to choose an abortion
  • Obergefell v Hodges - guaranteed rights to same sex marriage

these cases show the SC as clearly taking the lead in shaping American society in terms of its rights and liberties

75
Q

Describe a restrained court

A
  • more inclined to accept the actions and decisions of elected officials
  • sees Congress and President as shapers of American society rather than itself
76
Q

What does the term ‘stare decisis’ mean?

A

a legal principle that judges should look to past precedents as a guide wherever possible
a form of deference

77
Q

Which court is star decisis more likely to be used in?

A

a restrained court

78
Q

What is a judicially active court more likely to have a major impact on?

A

public policy

79
Q

What is the reasoning behind judicial restraint?

A

SC as an unelected body should defer to the institutions with greater legitimacy

80
Q

What does a restrictive judiciary limit the SC’s impact on?

A

public policy

81
Q

How has judicial activism been criticised?

A
  • gives justices excessive power over elected politicians
  • suggests a political agenda in which courts abuse their power
  • uses vagueness of the constitution to reach their own personal goals
82
Q

How is judicial restraint more effective?

A

more suited to a democratic society as it restricts the likelihood of unelected justices denying a majority view as expressed by elected politicians at either national or state level

83
Q

What allows the SC to have the final say on the issue of rights?

A
  • entrenched nature of constitution
  • power of judicial review
  • high priority given to enumerated rights in Bill of Rights
84
Q

How has the SC upheld the first amendment (freedom of religion)?

A

Town of Greece v Galloway - the Court allowed legislative bodies such as town councils to begin their meeting with prayer

85
Q

What is the significance of Town of Greece v Galloway?

A

strengthened individual rights to practise their religion in public - even in state constituted and state funded bodies

86
Q

How has the SC upheld the second amendment (gun control)?

A

District of Columbia v Heller 2008 - guaranteed individual gun ownership rights

87
Q

What is the significance of McDonald v City of Chicago?

A
  • extended rights announced in Heller to state and local governments
  • never before had the courts ruled this interpretations of the 2nd amendment
88
Q

How has the SC upheld the 8th amendment (free from cruel and unusual punishment)?

A

Roper v Simmons - declared it unconstitutional to sentence anyone to death for a crime they committeed when under 18

89
Q

What is the significance of Glossip v Gross?

A
  • declared that the lethal injection did not infringe the 8th amendment’s ban on ‘cruel punishments’
  • the court was clearly seen as telling us what 18th century words mean in 21st century America
90
Q

What three perspectives can the effectiveness of the SC in protecting rights be viewed from?

A
  1. power
  2. will
  3. ideology
91
Q

How powerful is the SC in protecting civil rights?

A

the court is in an extremely powerful position as a result of the entrenched constitution and its power of judicial review

92
Q

How much willingness does the SC have to protect civil rights?

A
  • the vagueness of the constitution gives a huge amount of personal control to justices
  • justices often interpret the constitution in a manner that may not promote liberties apparent in the constitution
93
Q

What ruling can be seen as a failure for the SC to protect racial minority rights?

A

Shelby v Holder 2010

94
Q

How does ideological perspective impact the SC’s protection of rights?

A

words can be interpreted from the 18th century constitution to modern day e.g. “cruel and unusual” phrase

Politics Paper 3 (13 decks)

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