Supreme court

Question 1

What are the different courts?

Answer 1

The us distric court
The us courts of appeals
The us supreme court

Question 2

How do you get to the supreme court?

Answer 2

The vast majority of cases start in the district court one ruling has been made on case they can be appealed to the courts, may more to supreme court if questions involved federal gifts are rais d
-argh us supreme courts only hears cases it wishes to hear, no out rights to have one case befote the govt
-Only heas the one it believes is major constitutional sugniducance

Question 3

How many members are in the us supreme court?

Answer 3

9 members
One cheif justices and eight associates justices

Question 4

How long are judges in the supreme court?

Answer 4

For life

Question 5

Instead of death or resignation how else can you be removed for the US supreme court?

Answer 5

Impeachment
House must impeach the justices by a simple majority and then the senete must then try them (never happend)

Question 6

philosophy of the justices right wing?

Answer 6

Strict constructionist
Origionaliats

Question 7

What are strict constructionists?

Answer 7

Interpret the constitution strictly and literally
Tend to stress the relation of power by individual states

Question 8

What are orgionalits?

Answer 8

Interpret the constitution in line with meaning or intent of the framer at the times of enactment

Question 9

philosophy of the justices left wing?

Answer 9

Loose constructionists
Living constitution

Question 10

What are loose constructionists?

Answer 10

Interpret the constitution less literally and tend to stress the broad grants of power to the federal govt

Question 11

What are living constitution

Answer 11

Constitution is considered as a dynamic, living document. Interpretation of which should take account the view of today’s society

Question 12

How would origionalists view the death penalty?

Answer 12

‘the constitution bans cruel and unusual punishment’
They agree and want the death penalty, as it was widely accepted at the time the constitution was made and wasn’t seen as cruel then

Question 13

Would living constitutionalist agree with the death penalty?

Answer 13

No, Justice Brennan just to 1958-1990 said the death penalty violated ‘the sparkling vision of human dignity of every individual that guided who wrote the text
Judicial interpretation can get rid of in their own mind
Originalists would say this would have to pass a law to get rid of it

Question 14

What are some examples of successful appointments?

Answer 14

Neil Gorsuch (Donald Trump 2017)
Sonig Sotomaxer (Barak obama 2000)

Question 15

Successful appointments- Neil Gorsuch?

Answer 15

Endorsed by a federalist society
Obamas nominee of Merrick Garland wasn’t considered in senate
Nuclear option applied by senate by removing filibuster
Approved by role of 54-45
Largely partisan

Question 16

Successful appointment-Sonia Sotomayor (Barak obama 2000)

Answer 16

First hispanic judge to sit on supreme court bench
-Questioned about comments that rating women make better decisions then white males in earlier speeches
-3rd women to sit in bench
-Approved 68-31

Question 17

Close call appointments?- Clarence Thomas (George H W Bush?

Answer 17

Race based appointment
Never written a legal book, article of brief consequence
Only been a judge for 1 year
-NAACP and NOW opposed nomination due to opposition to affirmative action on row v wade
Sexual harassment claims from previous employees
Approval rate of 52-48

Question 18

What is a criticism of the appointment process-President?

Answer 18

President tend to politicise nominations by choosing justices who share political views
e.g. Bush and David Souler and their view on abortion

Question 19

What is a criticism of the appointment process-Senate?

Answer 19

-Senate tends to politicise by focusing on issues like abortion instead of qualifications e.g. Clarence Thomas
-Members of presidents party ask soft q’s to committee
-Members of opposing party attack and embarrass nominees rather then ask relevant info e.g.
-Justices confirmed on party line bank

Question 20

What is a criticism of the appointment process- Media?

Answer 20

Media feeding frenzy which is untreated to qualifications

Question 21

why are supreme court nominations so important?

Answer 21

Powerful as judicial review court can profound affect their or ordinarily americans as the courts make decisions in the areas of abortion, affirmative action gun controll and freedoms of speach

Question 22

Powers of the supreme court? What is Judicial review?

Answer 22

The power of the supreme court to declare act of congress actions of the executives
Or acts or actions of state governments, unconstitutional and thereby null and void

Question 23

Judicial review- what’s marbury v madison?

Answer 23

I’m 1803 the supreme court gave itself the power to strike down acts of congress and executive actions

Question 24

Main powers- Judicial activist traits?

Answer 24

The court looks to make changes
Seen to lead the way in matters of public policy
-The courts frequently strike down acts of congress and state laws
-The courts are in effect making rather then interpreting law

Question 25

Main Powers- Examples of judges being accused of justicial activism?

Answer 25

Brown b board of education of topeka (1954)- outlawing racial segregation in school
-Roe v wade (1973) declaring woman’s right to an abortion to be a constitutional protected right
-Bush v Gore (2000) effectively handing presidency to bush

Question 26

Main powers- Define judicial activism and a comparison to a constructivism?

Answer 26

An approach to a judicial decision making which holds that judges use their posturing to promote desirable social trends
-Loose constructivism

Question 27

Main powers- How do judicial activists see the court?

Answer 27

As an equal partner with the legislative and executive branch

Question 28

Main powers- Critics of criticisms of judicial activism?

Answer 28

People will often label decisions that they disagree with judicial activism
Seen to legislate from the bench

Question 29

Main powers- What is judicial restraint and what is it to constructionists?

Answer 29

The courts not looking to make big changes
Approach to judicial decisions making which holes the judges should defer to the legislative and executive branches and to prevent the established in previous court decisions following judicial precedent
-Strict constructionists

Question 30

Main powers- How do judicial restraints view the court?

Answer 30

A good deal of state decisis
Courts under this principle have been willing to out some limits on abortion rights but not overturn roe v wade completely
Sees court as differential to legislative and executive branches of govt to declare acts to congress of the state legislature unconstitutional

Question 31

Main powers- Traits of judicial restraints?

Answer 31

-Judges tend to defer to elected institutions and officials in a matter of public policy
The courts tend to rely on precedent from previous decision

Question 32

What is the george W Bush v Albert Gore Jr (2000 case)?

Answer 32

Highlights the importance of the court, 5 weeks after election they ruled that the manual recounting scheme deviced by the florida state supreme court was unconstitutional as it’s violated the equal protection clause of the 14th amendment
Also stated a recount would be unconstitutional as it doesn’t meet the deadline as the courts seem unefefted by decision and bush won

Question 33

What is a quazi legislative body?

Answer 33

The decisions the court hands down have almost the effect of a law having passed in congress ‘Third house legislation

Question 34

Example of quasi legislative body?

Answer 34

Oburgell v Hoges legislation on same sex marriage

Question 35

What is the death penalty?

Answer 35

Right to kill someone if they break the law
in 19/50 states don’t use the death penalty almost all north eastern states like Alaska and Hawaii
6 in past 10 years
Some states dominate execution list e.g. Texas in 538 people
Arkansa is controversial

Question 36

Examples of death penalty- Ring v Arizona (2002)

Answer 36

Declared death sentence imposed by judges rather than juries were unconstitutional

Question 37

Examples of death penalty- Roper v Simmons (2005)?

Answer 37

Cant be sentenced to death for crime committed younger then 18

Question 38

Examples of death penalty- Balze v Reese(2008)

Answer 38

Examples of death penalty- Balze v Reese(2002)
Ruled leather injection didn’t constitutue to cruel and unusual punishment, didn’t reiterate in 2015
88% of death penalty since 1976 have been by lethal injection so therefor unconstitutional and would effectively outlaw it

Question 39

Examples of death penalty- Alkine v virginia (2002)?

Answer 39

Declared the execution of mentally challenged criminals unconstitutional
But didn’t constitutional say what this ment
Some states therefore passed on IQ test score below which criminals will fall in category’s

Question 40

Examples of death penalty- Hall v Florida 2014)?

Answer 40

The IQ rigid line found unconstitutional
Freddie Hall on death row for 39 yes for murder ing and raping a pregnant women
Test score below 70 was arbitrary and breached his constitutional rights under 8th ammendment
He has taken several tests and scored between 71-80

Question 41

Are judges always predictable in voting?

Answer 41

No
John roberts a conservative voting for obamacare

Question 42

Examples of judicial powers- DC v Heller?

Answer 42

Stopped the ban of handguns

Question 43

Examples of judicial powers- Citizens united v FEC?

Answer 43

Campaign donations are free speech so cant be limited