Supreme Court Flashcards
where was the SC established?
article III of constitution
what does imperial mean?
lack of effective checks
give two reasons why SC have too much power?
- only way to overturn decision is via constitutional amendment
- some cases only have dubious link to constitution
give two reasons why SC aren’t too powerful?
- rulings are restricted by constitution
- courts bound by precedent
what is the principle of respecting precedents called?
stare decisis
what is required for a constitutional amendment?
- 2/3 of both houses of congress to sign
- 3/4 of state legislatures to sign
how many constitutional amendments have there been since constitution was ratified?
- since 1789, only 27 amendments
- 10 of which came at once w/ bill of rights
- 18 and 21 amendments cancel each other out
what does the low number of amendments show?
shows SC decisions v. powerful as there are few checks on the court, allowing it to run with few limitations
how does the low number of amendments show SC to be powerful?
- other, elected, branches have little control over the court
- difficult to change this and make the court more accountable
what is the biggest check on the SC?
the constitution
how is the constitution a check on the court?
- court can only rule open cases according to what it says in the constitution
- restricts judicial activism
give an example of the constitution restricting judicial activism?
NFIB v Sebelius (2012) - Chieg justice Roberts voted for upholding Obamacare because of what the constitution said, even though politically, he disagreed with Obamacare
what does the case of NFIB v Sebelius (2012) show?
-constitution limits power of SC, as judges have to rule according to it, even if the4y personally disagree w/ it
how does the constitution show SC as not too powerful?
Constitution ultimately limits power of SC, as it limits them from acting freely
what has the roberts court seen a lot of?
conservative judicial activism
give some examples of judicial activism on the roberts court?
- DC v Heller (2008)
- Citizens United v FEC (2010)
what have some recent SC cases had?
- a tenuous link to the constitution
- justices acting w/ judicial activism
give an example of a case with a tenuous link to the constitution?
Obergefell v Hodges (2014) - created a constitutional right to gay marriage
how did Obergefell v Hodges show the SC to have too much power?
- doesn’t mentions gay rights in constitution
- liberal activism
- 325 million people placed into hands of 9 unelected judges
what is the name of the Principle of precedent?
stare decisis
what does precedent mean?
court is bound to respect previous rulings of courts
what is a key precedent that is respected?
- Roe v Wade (1973)
- ruled that laws that criminalised or restricted abortions were unconstitutional
how did roberts court respect roe v wade?
- gonzales v carhart (2007)
- upheld partial birth abortion act 2000
how did gonzales v carhart respect precedent?
whilst chipping away at Roe v Wade, still upholds right to have an abortion
