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A Level Politics USA > Supreme Court > Flashcards

Supreme Court Flashcards

1
Q

What is a strict constructionist

A

A justice who interprets the constitution in a strict literal or conservative fashion, interprets constitution word for word

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2
Q

What is a loose constructionist

A

A justice who interprets the constitution in a loose or liberal fashion.

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3
Q

Name all the justices in the US Supreme Court and state whether they are liberal or conservative

A

Conservative:

  • Roberts
  • Thomas
  • Alito
  • Gorsuch
  • kavanaugh

Liberal:

  • Kagan
  • Breyer
  • Ginsburg
  • sotomayor
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4
Q

Name two Supreme Court justices with sexual assault allegations

A

Kavanaugh and Thomas

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5
Q

How do Supreme Court justices differ

A
  • different ideologies

- strength in confirmation

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6
Q

Give an example for “strength in confirmation”

A
  • alito 58-42 vote

- Breyer 87-9 vote

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7
Q

Name 3 strength cases

A

Marburg v madison

McCulloch v Maryland

Gibbons v Ogden

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8
Q

What was Marburg v madison

A

Established judicial review

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9
Q

What was McCulloch vs Maryland

A

Established federal power over state power

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10
Q

What did gibbons vs Ogden establish

What is this

A

Interstate commerce clause

The federal license is more legitimate than the state

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11
Q

Give an example of two limitation cases

A

Scott vs Stanford
- slaves are property and have no rights

Plessy v Ferguson
- separate is equal

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12
Q

Give an example of two expansive cases

A

Brown v board
- separate is not equal

Engel v Vitale
- protected children who did not want to pray

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13
Q

How many justices got their law degree from Harvard

A

4

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14
Q

Who is the most conservative justice

A

Clarence Thomas

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15
Q

When do vacancies arise

A

When someone dies or retires

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16
Q

On average how long do justices serve for

A

25+ years

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17
Q

Why is the Supreme Court often described as an “echo chamber”

A

President appoints justices > likely to have the same ideology

So even after the presidents term their voices are still heard

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18
Q

Why was Kennedy a controversial SCJ

Give another example of this

A

He did not act as anticipated- turned out far more liberal than the conservative president who appointed him

Kennedy was appointed by Reagan

1950s- Eisenhower described the appointment of earl warren as chief SCJ as “the biggest damn fool mistake I ever made”

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19
Q

What is vetting

A

A process where a committee analyses all the court judgements writings and statements that the candidate has ever made, they are also interviewed

This lets the cutter see how liberal or conservative a candidate is

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20
Q

How do pressure groups influence SCJ appointments

A

Allies and opponents of the president keep dossiers on potential nominees, these reports give the president an insight into levels of support for the candidate

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21
Q

What is the American bar association

A

Have been consulted about every federal judicial appointment, they are provided to give a rating

Eg Kagan was deemed “well qualified”

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22
Q

Is the Us Supreme Court considered diverse

A

Most are Anglo- Saxon white men however recently has become more reflective of the countries diversity:

Eg in 2009, Sotomayor elected first Hispanic SCJ

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23
Q

Give an example of where geography has played an important role in determining a SCJ candidate

A

1932- justice Cardozo was from NY, court already had 2 from NY so one offered to resign to allow Cardozo to be appointed

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24
Q

How does payment of political debts affect nomination process

A

Sometimes a reason for nomination is for reward for PaST service,

Eg Chief Justice earl warren was promised a position in the court in return for not running against Eisenhower in the 1952 election

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25
Q

How are justices confirmed

A

Required a vote by majority of the senate

Historically there have not been difficult to acheive

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26
Q

Criticise the confirmation process

A

Recently come to resemble an election campaign with live tv hearings and millions of dollars are spent on supporting or opposing a candidate

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27
Q

Describe the example of Robert Bork

A

Faced 12 days of public hearings in which liberals sought to discredit him

Consequently The senate refused to confirm him

28
Q

Give an example of the narrowest margin in the 20th century

A

1991 Clarence Thomas

Senate voted 52-48

29
Q

What is a filibuster

A

Used by a minority to block a nomination

Eg 2002-2005 George bush’s nominee to lower federal courts were filibustered by the minority Democratic Party in the senate

30
Q

What are the 9 steps of the nomination process

A

1) a vacancy is created
2) president aides search for suitable candidates in federal and state courts, exec and academia
3) shortlist is drawn up and candidates are interviewed
4) president announces a nominee at a public gathering at Whitehouse
5) American bar association offer a professional rating to let everyone know how well qualified they are
6) senate judiciary committee questions the nominee and other witnesses at a hearing
7) the senate judiciary vote whether to accept the nominee
8) nominee is debated on the floor of the senate
9) final vote is taken in the senate

31
Q

Describe the controversy around David Souter

A

He was appointed by president bush, it emerged that bush had not asked the candidate views on abortion,

Whilst in SC, Souter made no decisions which bush agreed with and turned out to be one of the most consistently liberal member of the court

32
Q

What was the controversy around Robert Bork

A

Democrats tried to interfere with his nomination, spent $15 million launching a hate campaign against Bork

33
Q

Does the US Supreme Court have too much power

Evaluate

A

✅unelected power
✅make decisions which have significant political implications
✅constitution is vague, the Sc has power to interpret

❌court has no initiation power
❌Congress is able to initiate a constitutional amendment to negate the courts decision
❌only ‘servants’ of the law and its a ‘limited power’

34
Q

What did the Judiciary Act of 1789

A

Created a Supreme Court with Six Justices

Also established the lower federal court system

35
Q

Who was the last SCJ to be impeached

A

Samuel Chase

36
Q

What is the certiorari act of 1925

A

Gives the court the discretion to decide whether or not to review a case

37
Q

What was the watergate scandal

A

5 men working for Nixon with bugging equipment broke into the main democratic offices to find election strategy, investigation found Nixon was involved
Forced to resign

38
Q

How did Nixon v US case control the president

A

President trees power is not absolute cannot withhold evidence to a court case,

Nixon ultimately had to resign

39
Q

How did Clinton v Paula Corbin control the president

A

Paula Corbin filed a complaint containing 4 counts against Clinton alleging he made unwanted sexual advances towards her

President not granted presidential immunity

Shows they are not above the law and he has to keep his personal life in check and I’d not immune from civil cases

40
Q

How did bush v Rasul limit presidential power

A

Bush wanted to keep some foreign nationals Guantanamo bay, denied their rights to Habeus corpus Against their will

Court ruled that hundreds of foreign nationals held a legal right to challenge their imprisonment

41
Q

How does congress check SC

A

The senate confirms all Supreme Court appointments

Impeachment

Congress can alter number of justices

42
Q

How does president Check SC

A

Nominated justices

Throw political weight behind decisions (Eisenhower backed brown v board)

Power of pardon

43
Q

How is Supreme Court limited

A

No enforcement powers
(Brown v board)

No initiation power

Constitution is strict in parts

44
Q

Define judicial review

A

The ability of the court to declare a legislature or executive act in violation of the constitution

45
Q

What is judicial restraint

A

When making a decision a judge should put great stress in the precedent established in previous court cases

46
Q

What established judicial review

A

Marbury v Madison

47
Q

What is judicial activism

A

A judge should use their position promote desirable social ends

(Loose constructionist favourite this)

48
Q

Name the case that declared the constitution above the state sovereign immunity

A

Chisholm v Georgia

49
Q

What 4 things can the court review

A

Congressional laws
State actions
Federal bureaucratic agencies
Presidential actions

50
Q

3 ways the Supreme Court has protected civil rights

A

1) District of Columbia v heller
- court ruled that the amendment does confer an individual rights to bear arms (handguns)

2) rulings of what ‘cruel and unusual punishment’ means
- roper v Simmons - protects u/18s from death penalty

3) freedom of speech
- political donations are seen as an expression of free speech and have been protected by the court

51
Q

Define due process

A

Fair treatment through the normal judicial system, especially a citizens entitlement to notice a charge before a hearing

52
Q

Define rule of four

A

Where a petition for certiorari will be granted and the case in question reviewed if 4/9 decide

53
Q

Define Amicus Curiae Briefs

A

A persuasive legal document filed by a person or entity in a case, usually while the case is on appeal, the person has interest in the outcome

54
Q

Describe Roe vs Wade

A

Decriminalised abortion nationally in 1973

55
Q

Name a case which:
Strengthened
Weakened

Abortion laws

A

✅Planned parenthood v Casey
-minor’s must have parental consent
✅ Roe vs Wade

❌ Georgia abortion law
-prohibits abortion when a heart beat can be detected

56
Q

Columbia vs Heller

A

Supreme Court struck down provisions of firearm control regulations act of 1975- deemed unconstitutional

57
Q

Miranda vs Arizona

A

Despite being very guilty,
-at the time of his arrest he was not told of his rights i.e. to remain silent and not to self incriminate

Led to “Miranda right”

58
Q

Riley v California

A

Warranties search and seizure of digital contents of a cell phone during an arrest is unconstitutional - violates the fourth amendment

59
Q

Tinker v Des Moines

A

Ruled students do not shed their constitutional rights

60
Q

Gregg cases

A

Court confirms capital punishment was legal in the US under limited circumstances

61
Q

What is the American civil liberties union stance on capital punishment

A

It violates the constitution under cruel and unusual punishment

62
Q

Atkins v Virginia

A

Person with mental retardation cannot be executed

63
Q

Cherokee vs Georgia

A

Ruled forcing Cherokee people off their land and declared they had no legal rights to the land

64
Q

Brown vs board of education Topeka

A

Separate is unequal

Goes against Plessy vs Ferguson which established Jim Crow laws

65
Q

What are some similarities and differences in the extent of powers in the SC

A

Similarities:

  • both are final courts of appeal
  • both use judicial review
  • both have power to interpret meaning of constitution and Make judgements accordingly

Differences:

  • parliament is sovereign, UK cannot strike down acts of parliament, US Is able to strike down an act of Congress
  • parliament can ignore UK SC ruling and pass new legislation to override it, US SC ruling can only be overruled by a constitutional amendment
66
Q

Evaluate the statement: US SC I’d better at holding the government to account than the UK SC

A

Yes:

  • judicial review in USA is more significant whereas UK ruling is ultra vires
  • SC has power over president: Clinton vs Corbin

No:

  • uk politically independent- so can vote neutrally on political issues, us political appointment
  • structurally independent, free to make judgement without fear of being removed, last person to be impeached was Samuel chase 1804

A Level Politics USA (3 decks)

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