Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

US Government And Poltics > Supreme Court > Flashcards

Supreme Court Flashcards

You may prefer our related Brainscape-certified flashcards:
AP® U.S. Government flashcards U.S. Government Basics flashcards American Government 101 flashcards U.S. Geography flashcards
1
Q

How many courts of appeal are there in the US?

A

13

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

How many district courts are there in the US?

A

94

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How many cases does the Supreme Court review?

A

80 to 100

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What % of cases make the US court of appeals?

A

Less than 1%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

In fletcher v Peck 1810

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is original jurisdiction?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is appellate jurisdiction?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

In which cases does the Supreme Court have appellate jurisdiction?

A

On almost any case involving federal or constitutional law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is a “writ of mandamus”?

A

Legal order telling government officials to fulfil their duties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is an imperial judiciary?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is affirmative action?

A

A policy of favouring historically disadvantaged members of society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Since 1789 how many vacancies have their been?

A

119

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

How many nominations did Obama and Bush make?

A
  • Obama - 3

- bush - 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

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

A

Qualified

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions