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Supreme Court Flashcards

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1
Q

Who are the current supreme court justices?

A

John Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, Ketanji Brown Jackson.

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2
Q

What is the current split of the court?

A

6-3 Conservative.

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3
Q

What are the characteristics of the Roberts Court?

A

Most conservative court since 1946-53. Major rulings on gun control, LGBT rights, campaign finance.

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4
Q

What were the characteristics of the Rehnquist Court?

A

More conservative than the previous court, less conservative than the court after. Promoted policies of new federalism, more power given to states, at the expense of federal government. Moved to the right at the end.

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5
Q

What were the characteristics of the Burger court?

A

Seen as the last liberal court. Transitional from liberal rulings of warren to Rehnquist court. Less generous interpretation of fourth and fifth amendment.

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6
Q

What are the steps of ascendency to the Supreme court?

A

Vacancy, Presidential nomination, white house review, paperwork and financial disclosure, FBI investigation, senate confirmation hearings, senate vote.

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7
Q

What type of majority is needed for confirmation to pass the senate?

A

A simple majority.

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8
Q

Why was Robert Bork rejected by the senate?

A

His controversial views on civil rights, abortion, and executive power.

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9
Q

Why was G Harold
Carswell rejected by the senate?

A

Concerns about his qualifications, previous offensive comments on women, commitment to equality.

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10
Q

Why was Clement Haynsworth rejected by the Senate?

A

Concerns over his judicial record, too Conservative, out of step with evolving social landscape.

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11
Q

Why did Ruth Bader Ginsburg receive over 90% of votes in the senate?

A

Extensive legal background, judicial philosophy, public support, more bipartisan tradition.

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11
Q

Why did Antonin Scalia receive over 90% of votes in the senate?

A

Long legal reputation, strict interpretation of constitution, bipartisan support, lack of controversy.

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12
Q

Why did Sandra Day O’ Connor receive over 90% of votes in the senate?

A

Moderate judicial philosophy, strong, legal background, historical significance.

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13
Q

Why was Harriet Miers’ nomination withdrawn?

A

Lack of judicial experience, concern about lack of conservative decision making, public pressure.

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14
Q

Why was John Roberts’ nomination withdrawn?

A

His original application was withdrawn, for him to become chief justice.

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15
Q

Why was Clarence Thomas’ nomination passed with a tight vote in the senate?

A

Controversial record, sexual harassment allegations, partisan divisions, too conservative.

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16
Q

Why was Brett Kavanaugh’s nomination tight in the senate?

A

Appointment was controversial because of alleged sexual assault, and his legal record was attacked.

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17
Q

Why was Merrick Garland’s nomination never voted on?

A

It was announced, but the GOP controlled senate refused to hold a vote in an election year.

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18
Q

What are the arguments for the appointment and confirmation process?

A

Ensures candidates are qualified, involved multiple branches of government, ensures judicial independence, ensures scrutiny of nominees, encourages debate, respects constitution. Stability.

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19
Q

What are the arguments against the appointment and confirmation process?

A

Could become political, based on who controls the senate. Imbalance due to lifetime appointments. Unequal opportunities. Lack of consistency in standards, influence of interest groups.

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20
Q

What are the different philosophies of justices?

A

Strict constitutionalists, loose constitutionalists.

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21
Q

What are strict constitutionalists?

A

Requires a judge to apply the text only as it’s spoken. Once the court has a clear meaning, no further investigation is needed.

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22
Q

What are loose constitutionalists?

A

Requires a judge to make inferences. Read between the lines, in order to form a statute.

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23
Q

What is an example of a strict constitutional decision?

A

Dobbs v. Jackson.

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24
Q

What is an example of a loose constitutional decision?

A

Roe v. Wade.

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25
Q

Which party usually appoints Strict Constitutionalists?

A

Republicans.

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26
Q

Which party usually appoints Loose Constitutionalists?

A

Democrats.

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27
Q

What is Judicial Activism?

A

Judges believe they have a duty to interpret the constitution, so their decision will change the way society operates.

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28
Q

What is an Activist court?

A

Judges see this as interpreting the constitution positively, in order to put things right.

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29
Q

What are the arguments for judicial activism?

A

Can bring about necessary social change, protection of rights, checks on legislature and executive power. Judicial responsibility, state laws are likely to promote values which aren’t acceptable.

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30
Q

What are the arguments against judicial activism?

A

Separation of powers, undermining democratic processes, legal uncertainty, judicial overreach, instability, authority of court is undermined.

31
Q

How does judicial restraint manifest itself?

A

Deference to legislative and executive branches, respecting the president, narrow decisions, Avoiding constitutional amendments, limiting judicial review of political questions, reluctance to declare laws unconstitutional.

32
Q

What is the difference between judicial activism and restraint in the court’s role?

A

A - Active in shaping policy and correcting perceived injustices. R - Cautious, avoids policy making, defers to elected branches.

33
Q

What is the difference between judicial activism and restraint in constitutional interpretation?

A

A - Flexible ‘living document’ approach. R - Originalist, strict interpretation of text and precedent.

34
Q

What is the difference between judicial activism and restraint in the approach to precedent?

A

A - More willing to overturn precedents. R - Strong adherence to stare decisis.

35
Q

What is the difference between judicial activism and restraint in policy making?

A

A - Courts create or expand rights, influence social policy. R - Courts avoid creating rights, defer to legislative action.

36
Q

How has the first amendment protected rights?

A

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

37
Q

What does the bill of rights say about freedom of religion?

A

Prohibits government from establishing an official religion or favouring one religion over another.

38
Q

What is Zelman v Simmons Harris?

A

Supreme court upheld the right of Ohio to give financial aid to parents to send their children to religious schools.

39
Q

What was Greece V. Galloway?

A

Court decided that the town of Greece, New York may permit volunteer chaplains to open each legislative session with a prayer.

40
Q

What is Burwell v. Hobby Lobby?

A

SC declared the Affordable Care Act violated the religious freedom restoration act, as family owned corporations were required to pay insurance for contraception.

41
Q

Which acts regard campaign finance on freedom of speech?

A

Federal election campaign act 1974, Buckley v. Valeo 1976, McConnell v federal election commission 2004, Citizens United v. federal election commission 2010.

42
Q

What did the Federal Election campaign act 1974 do?

A

Limited expenditure by presidential candidates.

43
Q

What did Buckley V. Valeo do?

A

Overturned the 1974 Act - Limiting expenditure.

44
Q

What did McConnell v Federal election commission 2004 do?

A

Upheld the bipartisan campaign reform act, limiting soft money given to parties and committees. Argued it didn’t limit freedom of speech - limits were to parties, not individuals.

45
Q

What did Citizens United v Federal Election commission 2010 do?

A

Stated that limits to contributions from businesses, labour groups - should not face restrictions.

46
Q

Why did the Supreme Court rule campaign finance limits as being unconstitutional?

A

Because limits on campaign finance or free speech may limit the first amendment.

47
Q

Why can limits on campaign funding be seen as fair?

A

They ensure a level playing field, and uphold democracy, as one party can’t overpower.

48
Q

What was the 1976 ruling on gun control?

A

DC passed a law banning the ownership of handguns, and shotguns.

49
Q

What was the 2008 ruling on gun control?

A

Overturned the 1976 ruling.

50
Q

What was the 2022 ruling on gun control?

A

Confirmed this in a 6-3 decision, the supreme court rules than a 1911 New York law was unconstitutional, and the ability to carry a pistol in public was a constitutional right.

51
Q

Which judges overturned the 1976 decision?

A

John Roberts, John Stavens, Antonin Scalia, Anthony Kennedy. RBG, Samuel Alito. Clarence Thomas, Stephen Breyer.

52
Q

Why has the interpretation of the second amendment caused debate?

A

Collective or militia theory - right to bear arms is tied to the maintenance of a well-regulated militia. Doesn’t guarantee individuals’ rights.

53
Q

What are the most prominent states using the death penalty?

A

Texas, Florida, Oklahoma, Alabama, Missouri.

54
Q

What were the different rulings of the Supreme court on the death penalty?

A

Forman v. Georgia, Gregg v. Georgia.

55
Q

What did Forman v. Georgia rule?

A

Death Penalty was unconstitutional, as it violated the 8th amendment.

56
Q

What did Gregg v. Georgia rule?

A

Court reinstated death penalty, set guidelines.

57
Q

What have the supreme court ruled on Abortion?

A

Roe v. wade, Partial Birth abortion act, Dobbs v. Jackson.

58
Q

What did the court rulings on Abortion mean?

A

Meant states could decide themselves if they wanted to ban abortion. Controversial, because some women have to travel across state lines for abortions.

59
Q

What have the Supreme court ruled on marriage?

A

US v. Windsor 2013, Obergefell v. Hodges 2013.

60
Q

What did the court rulings on marriage mean?

A

Allowed interracial marriage, same sex marriage, and gave property rights.

61
Q

What did the Court rule on civil rights?

A

Students for fair admissions v. Harvard 2023.

62
Q

What did the court rulings mean for civil rights?

A

Meant that affirmative action is usually supported in America. Potentially controversial, as some people think that merit alone should decide things such as University.

63
Q

How do the Supreme court and congress interact with each other?

A

Powers of congress are found in Article 1, section 8 of the constitution. Gives congress the power to regulate commerce, among several states to make laws which will be necessary and prosper.

64
Q

How did the Affordable Care Act affect the relationship between the Supreme court and congress?

A

National federation of independent business v Sebelius. Supreme court upheld provisions of the ACA.

65
Q

How did U.S. V Arizona affect the relationship between the Supreme court and Congress?

A

AZ encroached on areas of congressional authority to regulate immigration.

66
Q

Which factors drive the Supreme court decision making process?

A

Public pressure, government pressure, their beliefs.

67
Q

How did the court rulings on Guantanamo Bay affect George W Bush?

A

Decision of 2000 election questioned the legitimacy of the court. Held that foreign detainees could challenge their detention in US courts.

68
Q

How did the court ruling on the Affordable Care Act affect Barack Obama?

A

Upheld the mandate as an exercise of congress. Tax power, same sex marriage. The court supported Obama’s stance on LGBT rights.

69
Q

How did the court’s rulings on Trump’s personal affairs affect him?

A

The court upheld Trump’s travel ban, and ruled that a sitting president isn’t immune from state criminal investigations.

70
Q

How did the court’s rulings on Public Policy under Biden affect him?

A

Dobbs - Disagreed with Biden’s policy on abortion. Court struck down loan forgiveness plan. Biden v. Texas - enabled his administration to pursue more humanitarian approaches.

71
Q

How is the Supreme court a political institution?

A

Chosen by president, seen as a ‘split,’ seen as a third house, Quasi - legislative effect.

72
Q

How is the Supreme court not a political institution?

A

They’re judges not politicians, court is independent, justices aren’t involved in party politics, they make decisions not based on political ideology.

73
Q

How does the Supreme court have too much power?

A

Serve for life, power of judicial review, declaring acts of congress unconstitutional, rulings can be out of line with public opinion, abuse of power.

74
Q

How does the supreme court not have too much power?

A

Checked by congress, power to impeach, no power to initiate, dependent on the rule of law.

US Government (4 decks)

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