Supreme Court

Question 1

where was the SC established?

Answer 1

article III of constitution

Question 2

what does imperial mean?

Answer 2

lack of effective checks

Question 3

give two reasons why SC have too much power?

Answer 3

• only way to overturn decision is via constitutional amendment
• some cases only have dubious link to constitution

Question 4

give two reasons why SC aren’t too powerful?

Answer 4

• rulings are restricted by constitution

- courts bound by precedent

Question 5

what is the principle of respecting precedents called?

Answer 5

stare decisis

Question 6

what is required for a constitutional amendment?

Answer 6

• 2/3 of both houses of congress to sign

- 3/4 of state legislatures to sign

Question 7

how many constitutional amendments have there been since constitution was ratified?

Answer 7

• since 1789, only 27 amendments
• 10 of which came at once w/ bill of rights
• 18 and 21 amendments cancel each other out

Question 8

what does the low number of amendments show?

Answer 8

shows SC decisions v. powerful as there are few checks on the court, allowing it to run with few limitations

Question 9

how does the low number of amendments show SC to be powerful?

Answer 9

• other, elected, branches have little control over the court
• difficult to change this and make the court more accountable

Question 10

what is the biggest check on the SC?

Answer 10

the constitution

Question 11

how is the constitution a check on the court?

Answer 11

• court can only rule open cases according to what it says in the constitution
• restricts judicial activism

Question 12

give an example of the constitution restricting judicial activism?

Answer 12

NFIB v Sebelius (2012) - Chieg justice Roberts voted for upholding Obamacare because of what the constitution said, even though politically, he disagreed with Obamacare

Question 13

what does the case of NFIB v Sebelius (2012) show?

Answer 13

-constitution limits power of SC, as judges have to rule according to it, even if the4y personally disagree w/ it

Question 14

how does the constitution show SC as not too powerful?

Answer 14

Constitution ultimately limits power of SC, as it limits them from acting freely

Question 15

what has the roberts court seen a lot of?

Answer 15

conservative judicial activism

Question 16

give some examples of judicial activism on the roberts court?

Answer 16

• DC v Heller (2008)

- Citizens United v FEC (2010)

Question 17

what have some recent SC cases had?

Answer 17

• a tenuous link to the constitution

- justices acting w/ judicial activism

Question 18

give an example of a case with a tenuous link to the constitution?

Answer 18

Obergefell v Hodges (2014) - created a constitutional right to gay marriage

Question 19

how did Obergefell v Hodges show the SC to have too much power?

Answer 19

• doesn’t mentions gay rights in constitution
• liberal activism
• 325 million people placed into hands of 9 unelected judges

Question 20

what is the name of the Principle of precedent?

Answer 20

stare decisis

Question 21

what does precedent mean?

Answer 21

court is bound to respect previous rulings of courts

Question 22

what is a key precedent that is respected?

Answer 22

• Roe v Wade (1973)

- ruled that laws that criminalised or restricted abortions were unconstitutional

Question 23

how did roberts court respect roe v wade?

Answer 23

• gonzales v carhart (2007)

- upheld partial birth abortion act 2000

Question 24

how did gonzales v carhart respect precedent?

Answer 24

whilst chipping away at Roe v Wade, still upholds right to have an abortion

Question 25

how does precedent shows SC not to be too powerful ?

Answer 25

• precedents are an effective check on the SC

- dont have total freedom in how they act

Question 26

what is the case of Gonzales v carhart also good for?

Answer 26

judicial restraint

Question 27

what has the Roberts court been known to do? (in regards to precedent)

Answer 27

disregard precedent

Question 28

give an example of the roberts court disregarding precedent?

Answer 28

• citizens united v FEC (2010)

- reversed decision of McConnell v FEC (2003)

Question 29

what are civil rights?

Answer 29

rights enshrined in the US constitution - bill of rights

Question 30

when was 14th amendment introduced?

Answer 30

-1868, intended to try to respond to issues of former slaves following the civil war

Question 31

what case was meant to provide racial equality?

Answer 31

• plessy v Ferguson (1896)
• separate but equal
• court ruled that separation in society was okay but facilities must be equal

Question 32

did SC protect civil rights in plessy v Ferguson?

Answer 32

• de jure - would create equality for coloured people

- de facto - nobody adhered to the ruling and still massive inequality

Question 33

what was ruled in brown v Topeka (1954)?

Answer 33

-racially segregated schools violated equal protection clause of 14th amendment

Question 34

what contributed to brown v Topeka ruling?

Answer 34

decades-long campaign by the civil rights movement, mobilising lawyers and activists at the same time

Question 35

when was the last segregated school closed?

Answer 35

march 2017

Question 36

how did Kennedy help SC to enforce brown v Topeka ruling?

Answer 36

he nationalised the guards