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US Government And Poltics > Supreme Court > Flashcards

Supreme Court Flashcards

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1
Q

How many courts of appeal are there in the US?

A

13

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2
Q

How many district courts are there in the US?

A

94

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3
Q

How many cases does the Supreme Court review?

A

80 to 100

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4
Q

What % of cases make the US court of appeals?

A

Less than 1%

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5
Q

What is the power of judicial review?

A

Where the judiciary reviews the actions of the legislative and executive branch. The Supreme Court has the power to determine whether laws, or governments actions, are compatible with the constitution.

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6
Q

When was the first time that the judiciary struck down legislation?

A

In fletcher v Peck 1810

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7
Q

What is original jurisdiction?

A

Where a court has the right to hear a case first.

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8
Q

In which cases dies the Supreme Court have original jurisdiction?

A

Over cases involving ambassadors between two states where citizens sue their state

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9
Q

What is appellate jurisdiction?

A

Where the court has the power to review as lower courts decision.

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10
Q

In which cases does the Supreme Court have appellate jurisdiction?

A

On almost any case involving federal or constitutional law

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11
Q

What is a “writ of mandamus”?

A

Legal order telling government officials to fulfil their duties

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12
Q

How did Chief Justice John Marshall justify the Supreme courts power of judicial review?

A

He argued what’s the point of a constitution which limits the power of federal government when congress can simply pass laws which can conflict with the constitution

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13
Q

What is an imperial judiciary?

A

A judiciary which is all powerful and on whom checks and balances are weak and ineffective.

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14
Q

What is judicial activism?

A

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

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15
Q

What is judicial review?

A

The ability of the Supreme Court to declare acts of congress, and acts or actions of the presidency, unconstitutional and therefore null and void

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16
Q

How does a liberal justice view the constitution?

A

Interprets the constitution more broadly in order to give the people more freedom and bring about social change

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17
Q

What is stare decisis?

A

The doctrine of upholding the precedents of previous cases, thus tends to favour the status quo, opposite of the “living constitution”

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18
Q

What is affirmative action?

A

A policy of favouring historically disadvantaged members of society

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19
Q

How are Supreme Court justices appointed?

A
  • vacancy occurs
  • president instigates search for possible nominees
  • president announces his nominee
  • senate judiciary committee holds a confirmation hearing on the nominee
  • nomination is debated and voted on in the full senate
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20
Q

Since 1789 how many vacancies have their been?

A

119

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21
Q

How many nominations did Obama and Bush make?

A
  • Obama - 3

- bush - 2

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22
Q

What is the most common posts held by Supreme Court nominees? How many nominees have been appointed who held this post?

A

Federal judges - 34

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23
Q

How qualified was Clarence Thomas to be a Supreme Court justice?

A

Qualified

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24
Q

What was the senate judiciary committee vote on Clarence Thomas?

A

7-7 had to go to a vote in the senate

25
Q

How many nominees has the senate rejected since 1789?

A

12

26
Q

What type of judge do republican presidents want?

A

Strict constructionists, conservative.

27
Q

What is an “echo chamber”

A

It’s where a Supreme Court justice stays on the Supreme Court for longer than then president was president therefore its the ex presidents influence on current affairs.

28
Q

What is an example of the senate being politicised against Robert Borks nomination?

A

The national abortion rights action league and the national organisation for women, weighed against bork. They spent $15 million on TV ads to try and void his nomination

29
Q

How many republicans voted against Clarence Thomas’s nomination in the senate?

A

Only 2

30
Q

What was the controversy around Clarence Thomas’s nomination?

A

He was accused of sexual harassment

31
Q

What is needed for the president to pretty much appoint anyone they want?

A

Their party control of the senate

32
Q

What did Theodore Olson claim in 2007 that the senate is currently doing?

A

He said that the senate had abandoned its role of “advise and consent” for a policy of “search and destroy”

33
Q

What are the criticisms of the appointment process?

A
  • presidents have tended to politicise nominations
  • senate politicises nominations
  • justices are confirmed by party lines
  • media conduct a “feeding frenzy” often connected with matters of little relevance to the nominees judicial qualifications
34
Q

Why are Supreme Court nominations so important?

A
  • justices have life tenure
  • there are only 9 members of the Supreme Court, it replaces a one ninth of the courts membership
  • power of judicial review
35
Q

When was the first time the Supreme Court declared an act of congress unconstitutional?

A

Marbury vs Madison

36
Q

When was the first case that the Supreme Court declared state law unconstitutional?

A

Fletcher v Peck

37
Q

What did Brown v Board of education establish ?

A

Outlawed racial segregation in state schools

38
Q

What did Roe vs Wade establish?

A

A women’s right to an abortion to be a constitutionally protected right.

39
Q

What type of court was the warrant court said to be?

A

An activist court

40
Q

If a court is said to be an activist court what does it intend to do?

A

Try and reform society

41
Q

What is judicial restraint?

A

Approach to a judicial decision making which holds that judges should defer to the legislative and executive branches, and to uphold previous court decisions.

42
Q

What was the burwell v Hobby Lobby stores

A

Ruled 5-4 that Obama care violated the religious restoration act of 1993

43
Q

What was the Obergefell v Hodges case?

A

Ruled 5-4 that state bans to prohibit same-sex marriage were a violation of the 14th amendment, which forbids states from denying the equal protection.

44
Q

Examples of cases that the Supreme Court has power over congress?

A

National federation of independent business v Sibelius - 5 - 4

45
Q

What are the arguments to suggest that the Supreme Court is a political institution?

A
  • appointed by the president
  • confirmed bu the senate
  • makes decisions on issues that feature in elections
  • its rulings have effect over the legislature
46
Q

Arguments to suggest that the Supreme Court does not have too much power?

A
  • checked by congress
  • congress can impeach
  • requires other branches to enforce its rulings
47
Q

Difference between the US and UK Supreme Court origins?

A

US - 1789

UK - 2009

48
Q

What are the differences between the US and UK appointments processes of the Supreme Court?

A

US - 9 members, nominated by the president, confirmed by the senate and no mandatory retirement age, 3/9 are women, 1 is African American and 1 is Hispanic
UK - 12 justices, filled by the JAC, must retire by 70, can be removed by both Houses of Parliament, only 1 women, none are from ethnic minority backgrounds

49
Q

What % of all UK judges were from ethnic minority backgrounds?

A

5%

50
Q

What powers do UK and US Supreme courts have?

A

US - judicial review that is binding, can strike down legislation, final court of appeal, rules on the meaning of the constitution.
UK - parliament is sovereign therefore cannot strike down legislation, can declare actions to be ultra vires, final court of appeal, subject to the ECJ.

51
Q

When was the First time judicial independence was discussed?

A

In the federalist papers

52
Q

What is there that protects the judges independence?

A
  • fixed salary that congress cannot change

- life tenure

53
Q

What decision brought the Supreme Court back into the political fray?

A

Bush v Gore 200 which gave the presidency to Bush

54
Q

What piece of trumps legislation did the Supreme Court declare unconstitutional in the beginning weeks of his tenure?

A

The limitations on entry to the US from seven mainly Muslim countries

55
Q

What decision in the UK 2013 brought the Supreme Court into the political eye?

A

When the judiciary turned down legislation that allowed the UK to deport foreign criminals

56
Q

What did the Uk Supreme Court do in 2017?

A

They said that parliament had to play a role in triggering Article 50

57
Q

What was the title from the daily mail that attacked the UK judiciary?

A

“Enemies of the people” who had “declared war on democracy”

58
Q

What did Philosopher Montesquieu quote about separation of powers?

A

“There is no liberty if the power of judging is not separated from the legislative and executive powers”

59
Q

What is an example of a case where the Supreme Court has protected first amendment rights?

A

Buckley V Valeo - where the courts stated that limiting expenditure by presidential candidates was a violation of first amendment rights.

US Government And Poltics (7 decks)

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