Supreme Court and Rights Flashcards
1
Q
How many justices are there?
A
9
2
Q
For how long do justices hold office?
A
their whole life unless they resign or are impeached
3
Q
Who is the current chief justice?
A
Roberts
4
Q
Name the 8 other justices.
A
- Jackson
- Coney-Barrett
- Kavanaugh
- Gorsuch
- Kagan
- Sotomayor
- Alito
- Thomas
5
Q
Which 5 factors enforce judicial independence?
A
- the consistent structure
- guaranteed role
- separation of powers
- the American Bar Association watches over them
- they can disappoint those who appointed them
6
Q
Which 5 factors suggest that they are not independent?
A
- Congress could alter the structure of the court
- they can only be removed via impeachment
- the SC must rely on Congress to enforce their rules
- the American Bar Association isn’t always neutral
- they are all nominated by the president
7
Q
What is judicial review?
A
the power of the SC to declare acts of Congress, state govts or the executive unconstitutional.
8
Q
Describe Marbury v Madison 1803.
A
this provided the first seen case of judicial review in a dispute between the outgoing president Adams, his newest justice Marbury and the new president Jefferson.
9
Q
What was Fletcher v Peck 2010?
A
the first time the SC ruled against a federal state law.
10
Q
What are the 5 stages of the appt process?
A
- a vacancy occurs
- the president looks for potential nominees
- the president announces their nominee
- the Senate Judiciary Committee hold a confirmation hearing
- the nomination is debated and voted on
11
Q
Why was Trump lukcy?
A
he got to appt 3 judges
12
Q
What is an echo chamber?
A
the idea that even when a president is no longer in office, their ideas remain as their nominees to the SC are still in action.
13
Q
Describe the stages of the confirmation process.
A
- nominee appears before the Senate Judiciary Committee
- hearings are held
- witnesses with knowledge of the nominee are called
- the Senate Judiciary committee has to decide if further action is needed
- the floor debate and vote is then held
14
Q
How many nominations have been approved and rejected since 1789?
A
approved - 126
rejected - 12
15
Q
Which recent controversies have their been over the appts to the SC?
A
- Kavanaugh accused of sexual assault and very publicly called out but still got a spot on the SC.
- Trump being able to appt 3 justices in a single term
- Obama’s good choice of Garland being rejected.
16
Q
What are the strengths of the confirmation process?
A
- the nominees receives lots of scrutiny
- the Senate judiciary committee looks in depth at the nominee
- Senate confirmation provides a check on the power of the president
- many nominees will got against the political beliefs of the president that nominated them
- they are always legal specialists
17
Q
What are the weaknesses of the confirmation process?
A
- become over politicised
- the Senate Judiciary is also politicised
- interest groups do not offer non-partisan advice in reality
- it is public with extensive media influence
- reinforces the impression of a highly political court
18
Q
What are the four main factors a president considers when making their nomination?
A
- judicial ability
- ideological considerations
- social characteristics
- political considerations
19
Q
Outline the importance ofjudicial ability.
A
mostly recruited from federal courts, obviously need to have legal experience and understanding. For example, Elena Kagan was the Dean of Havard Law School.
20
Q
Outline the importance of ideological considerations.
A
the president wants a nominee that aligns with their views and the views of their supporters so that their legacy continues. for example, Coney-Barrett is deeply conservative.
21
Q
Outline the importance of social characteristics.
A
diversity and race are always increasing in significance and it is important to have a SC that reflects modern America.
22
Q
Outline the importance of political considerations.
A
it is important to pick someone who will actually make it otherwise it is embarrassing.
23
Q
Why was the appt of Sotomayor good?
A
she was well qualified, had a similar perspective to Obama and was the first Hispanic woman on the court.
24
Q
For which 4 reasons are appts important?
A
- they are rare - there were no vacancies between 1994 and 2005
- appts are for life
- only 9 members
- their judicial review process is highly important
25
What is a strict constructuralist?
someone who interprets the constitution literally or strictly
26
What is a loose constructuarlist?
someone who interprets the constitution less strictly.
27
What is originalism?
interpreting the constitution in line with what the founding fathers wanted
28
What is a living constitution?
one that is dynamic and takes modern views into consideration.
29
What is judicial activism?
when liberal justices see the constitution as a living document which is open to change.
30
What is the current ideological balance of the SC?
very right wing and conservative
31
Who was a consistently liberal judge?
Bader Ginsberg
32
What is judicial activism?
generally associated with loose constructionism and liberals. Judicial activism can be similar in its impact to legislation and controls from the executive branch.
33
Give 2 examples of strong judicial activism.
- Roe v Wade 1973
- Obergefell v Hodges 2015
34
Give examples of conservatism activism.
- Bush v Gore 2000
- Citizens United v Federal Election Commission 2010 - overturned the restrictions on campaign finance
- DC v Heller 2008 - extended the 2nd amendment
35
What is an imperial judicary?
the view that the courts have become too powerful through their judicial review and impact on public policy
36
Describe judicial restraint.
when the courts are more likely to accept the views of elected officials. will also tend to leave things more as they are. puts emphasis on judicial precedence.
37
What is the stare decisis.
a legal principle that judges should look past precedents as a guide wherever possible.
38
Give an example of the defence of Roe v Wade.
Whole Women's Health v Hellerstedt 2016.
39
What is significance of judicial restraint?
more subservient to Congress and less likely to declare their acts unconstitutional.
40
What are the criticisms of judicial restraint?
- narrow focus eliminates chance for modernisation
- original meaning is often unclear
- many fans of judicial restraint are also happy to find in favour of new rights
- can lead to tyranny from the judiciary and threaten rights
41
What are the criticisms of judicial activism?
- makes them effectively law makers
- reflects the personal view of justices too much
- extends rights into areas not supported by the founding fathers
- ushers in lots of progressive reform
42
What are the 3 ways that the SC can impact public policy?
- uphold existing policy
- remove existing policy
- create new policy
43
Give an example of upholding existing policy.
NFIB vs Sebelius 2012
Rule on Obamacare after many states were against it. It was accepted as it was found to fit within Article 1 Section 8. Made sure that ACA was upheld.
44
Give an example of the SC removing existing policy.
Citizens United vs FEC 2010
The SC argued that the Campaign Reform Act 2002 which banned interest groups from communicating with political parties within 30 days of a primary, was a violation of the 1st amendment. It had to be removed.
45
Give an example of the SC establishing new policy.
Obergefell vs Hodges 2015
Allowed gay marriage in the USA.
46
Give a recent landmark case.
Jackson vs Dobbs 2022
47
Which rights are protected by the original constitution?
- the right of all states to play a role in the election of Congress
- the right to Congress to make laws
- the creation of an independent judiciary
- the checks and balances.
48
Which 2 rights are protected in the 1st amendment?
freedom of speech and religion
49
Give an example of the SC upholding the 1st amendment.
Town of Greece vs Galloway 2014 - the SC ruled that it was okay if town councils began their meetings with a prayer, even if it favoured one religion.
50
Describe the DC vs Heller case.
In 2008, the 2nd amendment was protected. The SC ruled that a DC rule in 1975 that banned the ownership of handguns and regulated other guns was unconstitutional.
51
What is the 5th amendment?
it provides the assurance that no person should be compelled to be a witness against themselves.
52
What is the 8th amendment?
the right to not face cruel and unusual punishment
53
Which state has the most executions?
Texas - almost half of all executions
54
Give an example of the 8th amendment being ruled on.
- Bazes vs Rees 2008
the court decided that lethal injection did not constitute cruel and unusual punishment.
- Roper vs Simmons 2005
the court decided that it was unconstitutional to have those under 18 sentenced to death
55
Which amendment ended slavery?
13th
56
What happened in the 14th amendment?
it offered full citizenship for all those born in the US, regardless of race and said they would all be protected by law.
57
What did the 15th amendment do?
1870 - allowed all males the right to vote regardless of race.
58
Who has benefitted from civil liberties rulings?
gun owners
freedom of speech advocates
LGBTQ+ Americans
59
What Act was passed in 1965?
Voting Rights Act - ended literacy tests previously required to vote.
60
What is affirmative action?
a way of giving previously disadvantaged groups a headstart.
61
What was busing?
the mandated moving of children between racially homogenous white suburbs to black inner cities to create diversity.
62
How do some view affirmative actions?
as a form of discrimination that only reinforces racial divides
63
Outline the Gratz vs Bollinger case.
2003 - the court ruled 6-3 that the Uni of Michigan's affirmative action policy wasn't fair. All racial minorities were awarded 20 of the 150 points needed to get admission. . However in the same case, the court ruled 5-4 that the law school's affirmative action was okay as it was more individualised.
64
What happened in the Uni of California vs Bakke case?
1978 - the SC ruled out racial quotas in uni admissions but were open to varying types of affirmative action.
65
Who denounced affirmative action?
Clarence Thomas
66
What was declared unconstitutional?
children being assigned to certain schools just to achieve a racial diversity quota.
67
What did Abigail Fisher do?
filed a lawsuit against the Uni of Texas and said she didn't get in due to racial discrimination. despite the court hearing the case twice, they found no fault with the university.
68
In which ways has affirmative action been positive for the US?
- reverses decades of discrimination
- increase community diversity
- opens up new areas to minorities
- diverse student bodies help with learning and representation
- helps with equal opportunity
- between 1960 and 1995, the % of black people who had graduate Uni rose by 10%
69
In which ways is affirmative action negative?
- can be seen as discrimination
- led to admissions of under qualified people
- condescending
- reinforces the importance of race
- resentment from the majority
- lowers aspirations
70
What was declared in 2003?
After the Michigan case, Justice Sandra Day O' Connor said that affirmative action wouldn't still be needed in the next 25 years - this is not true
71
What is the conservative view on AA?
want to abolish it, they argue that inequality is good as it provides incentives, they also argue that it is relatively easy to succeed without it.
72
What did Clinton say about AA?
'mend it, don't end it'
73
How do progressive liberals view AA?
they support it and would like to see its continuation
74
What further highlighted its importance?
Black Lives Matter and George Floyd.
75
How have black Americans achieved better rights?
- direct action and protest
- passing laws
- courts
- politicians
76
Name a black senator
Revd Raphael Warnock.
77
What happened in 2006?
Clinton extended the Voting Rights Act for another 25 years.
78
What do Republicans want to do?
restrict mail-in voting and other methods used by POC as they usually vote Democrat
79
What was passed in 2021?
For the People Act with 220 to 210 votes - tried to uphold proper voting and remove Gerrymandering.
80
Who led a program to try and increase the black vote?
Stacey Abrams
81
What happened in Shelby vs Holder 2013?
the SC struck down the preclearance formula as unconstitutional. it meant that states no longer needed federal approval before changing voting laws.
82
What is the trend with disenfranchisement and black Americans?
the number of disenfranchised black American felons is always larger than the white people.
83
In 2012 what was voter turnout like?
66.6% of Black people
64% of white people
84
What are the current concerns about POC and voting?
- voter ID in 9 states
- felony disenfranchisement - not proportionately impacts black people
- Arizona and Iowa have disenfranchised 10% of black voters
- voting caging
85
What was black turnout in 2016?
59.6%
86
What was Trump's impact on voting?
racist and huge campaign against voter fraud.
87
What did Clinton say about representation?
public office should 'look like America'
88
How many black Americans were in Congress in 1984?
21
89
How many black Americans, Hispanics and Asians were in Congress in 2021?
black: 65
Hispanic: 52
Asian: 24
the most diverse Congress ever
90
Which percentage of the minorities in Congress are Democrats?
84%
91
Who was the first major-party black candidate for president?
Shirley Chisholm
92
Who else ran for president?
Jesse Jackson 1984
93
What is special about Kamala Harris?
the first black and Asian women to be VP.
94
Which % of Biden's cabinet was non-white?
40%
95
What is the significance of judicial review?
allows the SC to interpret the constitution and in effect change it
96
Which arguments suggest that the SC is a political institution?
- appt by the president
- court makes decisions on politics
- some rulings change laws
- some describe it as a 3rd house of the legislature
97
Which arguments suggest that the SC is not political?
- it is made up pf judges
- it is independent
- many justices change their views
- is not involved in party politics
- makes decision on constitutional and legal framewroks
98
Give an example of the SC having quasi-legislative power?
Obergefell vs Hodges
99
In which ways does the SC have too much power?
- gave itself the power of judicial review
- declares many acts of congress unconstitutional
100
In which ways does the SC have too much power?
- gave itself the power of judicial review
- declares many acts of congress unconstitutional
- makes decisions out of line with public opinion
- unelected
- largely unaccountable
- abuses power
101
In which ways does the SC not have too much power?
- checked by Congress
- can be impeached
- must wait for cases
- dependant on rule of law
- public opinion restraints
- must follow the constitution
102
Which arguments support the idea of a living constitution?
- if elected branches are failing, the SC must step in
- with a constitution so difficult to amend, the SC can help
- living constitution allows its principles to work in the modern day
- can protect rights well
103
What are the arguments against the living constitution?
- ignores the purpose of having a constitution
- advocates for more political involvement
-threatens liberty / traditional rights
- is not as the founding fathers intended
104
Which arguments favour originalism?
- upholds previous rights
- is as was intended
- defends the community
105
What are the arguments against originalism?
- the founding fathers wanted adaptation with the times
- the vagueness of the constitution was meant to facilitate change
- the constitution does not deny the recognition of rights
- originalism is not neutral
- originalists do not always follow the constitution anyway
106
What is the largest power of the SC on other branches?
declaring things unconstitutional
107
What is the largest power of the SC on other branches?
declaring things unconstitutional
108
What checks does Congress have on SC power?
constitutional amendment, impeachment, altering the number of justices on the SC
109
What checks does the president have on the SC?
- nominates judges
- can leave their influence for years
110
How many immigrants came to the US 2000-07?
10.3 million
111
What happened in a 2017 case?
Department of Homeland Security vs Regents of the Uni of California saw discussions over if Trump was trying to end the Deferred Action for Childhood Arrivals - they ruled this unconstitutional
112
Which victory did Trump get in relation to the SC?
Trump vs Hawaii 2018 saw his travel ban upheld.
113
What are differences between the US and UK SC?
9 vs 12 justices
life vs retire at 70/75
appt by president vs nominated by a committee
all hear a case vs 5-11 hear a case
114
What are the similarities between UK and US Supreme court?
impeachment vs petition removal
both have claims of independence
carry out judicial review
115
What is similar about the power of the US and UK SC?
final court of appeal for all cases
116
What differences are there in the powers of the SC?
rules on constitution vs cannot overrule anything
rules on constitutionality vs ultra vires
rules on meaning of constitution vs breaches of HRA
117
How did judicial independence protected in both countries?
- immunity from prosecution
- immunity from defamation lawsuits
- cannot have salaries reduced
118
Which things have shown judicial independence in the US?
- ruling against Clinton being immune from prosecution in 1997
- not hearing cases about voter fraud despite pressure from Trump
-Roberts ruling in liberal ways despite being a republican nomination
118
Which things have shown judicial independence in the US?
- ruling against Clinton being immune from prosecution in 1997
- not hearing cases about voter fraud despite pressure from Trump
-Roberts ruling in liberal ways despite being a republican nomination
119
How has judicial independence been shown in the UK?
- CRA 2005
- appts are not politicised
- Boris got angry with the SC when they ruled against him.
120
How are rights protected in the US?
- the constitution and its amendments
- SC rulings
- legislation
121
How are rights protected in the UK?
- judicial review
- judicial inquiries
- HRA
- common law tradition
122
What similarities exist in the protection of rights?
- belief in rule of law
- good rights record
123
Give a US pressure group for Abortion, Gun Rights, Race and LGBTQ+
Abortion - planned parenthood
Guns - NRA
Race - NAACP
LGBT - GLAD
124
Why are pressure groups so important in the USA?
- they can represent a more narrow range of interests than the parties
- they are influential and get involved in the SC
- they give money to politics
125
Outline the rational approach to comparison.
- judges are guided by personal philosophy
- individuals and interest groups campaign for individual rights
- nominations are based on the preferences of individuals
126
Outline the cultural approach to comparison
- different history
- the SC in the USA is always at the forefront of landmark cases
- the US has a stronger culture of rights protection
- both have cultures of restraint and activism
127
Outline the structural approach to comparison
- the US appt process makes it highly political
- sovereignty changes things
- different number of justices
- structurally independent
