Supreme Court Flashcards
What were Hamilton’s views on the Supreme Court
Least Dangerous Branch of government
What was Texas vs. Johnson
When the Supreme court defended flag burning and it it was part of freedom of speech, first amendment
What article is the supreme court
3
What are the three types of conflict
- Between the state and the citizens
- Different branches of government
- Different tiers of government
What courts have there been since WW2 and in what order
Warren, Burger, Rheinquist and Roberts
Which President did not get to make a nomination to the supreme court
Carter
Who made the most appointments to the supreme court
Reagan and Nixon both with 4
What was Bush vs Gore about
Stopped the recount of the Florida state meaning that Bush was declared winner
Explain the Supreme court appointment process
Nominate a candidate
Goes before the Senate Judicary Committee
They recommend to senate and then they vote on the nominee
What was Roe v. Wade
Abortion is a natural right and privacy
What is judicial interpretism
Strict constitutionalism and doctrine of orginal intent. Interpret the constitution literally. Imply exactly what the founding fathers fought
What is judicial non interpretism
Go beyond what the constitution states, what the founding fathers wrote should not be applied to circumstances that they did not forsee.
What can the Warren court be remembered for?
Advancing liberal rights, while Warren was a Conservative, Brown v. Board of Education 1954
What can the Burger court be remembered for?
Figuring out the details of rulings.
Who have Obama’s appointments to the Court
Sonia Sotomayor 68-31 and Elena Kagan 63-37
What other appointments could he make?
Replace Ginsburg who could retire
What is the controversy at the moment?
Justice Scalia death has meant that there is the chance for Obama to appoint another member to the Supreme court however the Senate has a Republican majority meaning that it will hard for him to get his nomination approved by the senate. Republicans argue that it is too late into Obama’s term for him to appoint other one, they are worried that it will swing the court a lot more liberal because Scalia was a conservative.
What was significant about Scalia’s death
11 months left of Obama’s presidency and he was only the 2nd justice to die in 60 years on the job.
Who got 7-7 in Senate judiciary committee
Clarence Thomas
What was Miranda vs Arizona?
Police have to make you aware of your rights to remain silent and to a lawyer upon being arrested.
What was the Right to free movement between states, can;t be penalised for it either.
Crandall vs Nevada
What is judicial restraint?
When you don’t look to make landmark decision and be too intervening. Strict constitutionalism. Not making decisions based on personal preferences or views.
What is judicial activism?
Over ride the law, Brown vs Board of Education
Give an example of judicial restraint?
Plessy vs Ferguson, made segregation constitutional.
