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Politics- US Government And Politics > Supreme Court > Flashcards

Supreme Court Flashcards

1
Q

What’s is the order of appeal in the whole US judicial system? (State and Federal)

A

State courts:
Municipal court -> county courts -> intermediate court of appeal -> court of last resort/ state Supreme Court
Then…
federal court (each court depending on situation):
Supreme Court, court of appeal, district courts, trial courts, federal courts

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2
Q

Who is the Chief Justice of the SC

A

John Roberts (appointed since 2005)

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3
Q

Who are the 8 other associated justices

A
  • Clarence Thomas (since 1991)
  • Ruth Bader Ginsburg (since 1993)
  • Stephen Breyer (since 1994)
  • Samual Alito (since 2006)
  • Sonia Sotomayor (since 2009)
  • Elena Kagan (since 2010)
  • Neil Gorsuch (since 2017)
  • Brett Kavanaugh (since 2018)
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4
Q

What’s a strict constructionist

A

A SC justice who interprets the constitution strictly or literary and tends to stress the retention of power by individuals states

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5
Q

What’s a loose constructionist

A

A SC justice who interprets the constitution less literally and tends to stress the broad grants of power to the federal government

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6
Q

What type of judge is active

A

A liberal one (democrats)

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7
Q

What type of justice is restrained

A

A conservative one (Republican)

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8
Q

What type of court was it in 1953 under Warren?

A

Active

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9
Q

What type of court is it now under Roberts?

A

Restrained

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10
Q

What are the 4 stages of appointing a justice

A

The vacancy
Search and pools
The announcement
The confirmation

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11
Q

What happens in the vacancy stage of appointing

A
  • The president must wait for a judge to die or or resign to appoint or replace
  • on average each president picks 2
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12
Q

What happens on the search and pools stage of appointing

A
  • The president commission a search for suitable candidates
  • political advisers help
  • congress party members may also help
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13
Q

What happens in the announcement stage of appointing

A
  • Once shortlist has been written and check by FBI president and VP interview them
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14
Q

What happens in the confirmation stage of the process

A
  • there’s is a formal vote in senate to agree if he/ she is well qualified
  • then the judge is announced
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15
Q

What are the problems with the appointment process

A
  • To political chosen by both president and senate
  • new judge will follow the lines of the president as a way to pay him back for appointing them
  • appointment are for life, meaning you could be to old to have that much power
  • senate can block appointments only for political reasons
  • media makes it hard if you have a bad name or potential scandals against you
  • there’s is alway a political split in SC as there is 9 of them
  • justice can be refused by senate due to the court being to political uneven, even if the appointment is well qualified. E.g Robert Bork in 1987.
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16
Q

What is judicial review

A

The power of the SC to declare an act of Congress, executive or state governments unconditional

17
Q

Judicial activism

A

An approach to judicial decision making which holds that judges should use their position to promote desirable social ends

18
Q

What happen in Brown v Board of education Topeka (1954)

A
  • the SC outlawed racial segregation in public (state) schools
  • The Brown Vs. The Board of Education was about the segregation of Black and white Schools Coming together .
  • in father 9-0
  • decision was based on the 14th amendment suggesting that issued separation is unlawful
19
Q

What happened in Row vs Wade

A
  • the Court ruled that the U.S. Constitution protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction.
  • in father 7-2
  • based on the 14th amendment suggesting a “right to privacy” that protects a pregnant woman’s right to choose whether or not to have an abortion.
20
Q

What happened in Bush vs Gore

A
  • was a decision of the United States Supreme Court that settled a recount dispute in Florida’s 2000 presidential election. the Court had halted the Florida recount that was occurring.
  • the decision off who will become president as it all came down to the Florida vote
  • the decision 5-4 in father of no recount caused Bush to win the election
  • the most political decision the SC can get
  • based on the 12th amendment as all votes have already been counted but if anything the vote was for who each justice wanted to be president.
21
Q

judicial restraint

A

an approach to judiciary decision making which means that judges should defer to the legislative and executive branches, and to precedent established in previous court decisions

22
Q

when does judicial activism occur

A
  • when judges are seen to lead the may in matters of public policy
  • when judges don’t refer to actions of elected officials
  • when the court strikes down acts of congress and state laws
  • when the court declares acts of executive unconstitutional
  • the court in effect are making rather then interpreting the law.
23
Q

when does judicial restraint occur

A
  • when their is matters of public opinion
  • when judges are reluctant to strike down acts of congress and state laws
  • when judges rarely declare actions of the executive as unconstitutional
  • the courts refrain from legislating from the branches
  • the court tends to rely on precedent from previous decision
24
Q

what is similar about the US and UK judiciary

A
  • both have the SC as the final stage
  • both have criminal and civil courts
  • both types of appeal you work your way up
25
Q

what is different about the US and UK judiciary

A
  • 9/12 justices
  • president appoints them in US whereas in the UK the selection commission recommends candidates to the Lord Chancellor
  • in US all justices hear cases but in the UK 5 to 11 do.
  • in US its a job for life but in the UK you must retire at 70
26
Q

what is the conservative/ liberal swing in the SC

A

5-4

27
Q

why is the SC political

A
  • appointed by president and conferment by congress
  • make decisions on issues that the two parties are split on (e.g. abortion, immigration, gun control)
  • some decisions in effect are a type of legislation
28
Q

why is the SC not political

A
  • the members are judges not politicians
  • the court is independent, should be no political pressure
  • justices do not involve themselves in party politics
  • they make decisions based on the constitution
29
Q

why does the SC have too much power

A
  • judicial review
  • more acts have been declared unconstitutional in congress then have been passed
  • it makes decision which aren’t based on public opinion
  • unelected body
  • its largely a unaccountable body
  • its brought about significant policy change
  • justices who believe in a living constitution
30
Q

why does the SC not have too much power

A
  • its checked by congress
  • congress has power of impeachment
  • it has no initiative power
  • it relays on other branches to enforce its decisions
  • public opinion restricts them
  • its checked by the words of the constitution
31
Q

how does the SC protect the rights and liberties in the USA

A

they can physical speak on behalf of the people as well as being able to protect controversial causes.

32
Q

what limitations do the SC have when protecting peoples rights and liberties

A

they can only interpret not change the constitution meaning in effect they are just ready a script

33
Q

how does the constitution protect the rights and liberties in the USA

A

the constitution means that the SC, bill of rights and the amendments can proceed as a framework

34
Q

what limitations does the constitution have when protecting peoples rights and liberties

A

its extremely outdated dating back to the 18th century as well as only being a structure

35
Q

how does the bill of rights protect the rights and liberties in the USA

A

the bill of rights is a number of amendments put forward which specialise in protecting the US peoples rights and liberties, such as freedom of speech

36
Q

what limitations do the bill of rights have when protecting peoples rights and liberties

A

they can be interpret very differently by different people and formatted on very controversial topics

37
Q

what are the bill of rights

A

the first 10 amendments put forward in 1791 which protect the rights and liberties of the US people

38
Q

how does the amendments protect the rights and liberties in the USA

A

they are most modern meaning they are more likely to protect todays society and they are the least disputed and controversial

39
Q

what limitations do the amendments have when protecting peoples rights and liberties

A

amendments are have to happen and happen rarely

Politics- US Government And Politics (5 decks)

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