Supreme Court: Context & Nomination Flashcards
What court case established judicial review?
Marbury v Madison (1803)
Define what it means to be a ‘conservative justice’?
- A justice with a strong belief in stare decisis, with a narrow view of the Constitution.
- More likely to believe in a literal interpretation of the wording and a generally smaller government.
What does the phrase ‘imperial judiciary’ mean?
A judiciary that is all powerful. Checks and balances are weak and ineffective.
What is ‘judicial activism’?
An approach to judicial decision making that holds that a justice should use their position to promote desirable social ends.
What is ‘judicial restraint’?
An approach to judicial decision making that holds that a Justice should defer to the executive and the legislative branches, which are politically accountable to the people, and should put great stress on the principles established in previous court decisions.
What is ‘stare decisis’?
- It means “to stand by things decided.”
- When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court’s decision.
- Previous cases take precedent.
What is ‘judicial review’?
- The ability of the Supreme Court to declare acts of Congress or actions of the presidency unconstitutional and thus null and void.
- By using judicial review the Court can in effect update the meaning of the constitution.
What does the Constitution say about the Supreme Court?
- Article III: ‘Judicial power of the US shall be vested in one supreme court’.
- Congress can establish courts.
- They have life tenure in times of ‘good behaviour’ and their salary is protected.
- Supreme Court is an appellate court, except for limited circumstances in which it has original jurisdiction.
- Section 2 outlines that the court can only hear cases which arise ‘under this constitution’.
What is an implied power of the Supreme Court?
Judicial review - power to overturn any other institution by declaring it unconstitutional.
What is a ‘Quasi-legislative body’?
The ability for agencies to enact rules and regulations despite that agency not possessing the constitutional ability to do so.
What is an appellate court?
Court that deals with appeals look to review and reconsider judgements made at a lower level.
What percentage of cases does the Supreme Court hear in a year?
Around 1%
Shows they can pick and choose what cases (bias?)
What is the role of the Supreme Court?
- Top of federal judiciary
- Interprets vague language of constitution
- Serves as an appeals court (90% of cases come from lower courts) Other cases heard by the SC refer to disputes between states (Kansas v Nebraska 2015) or disputes between states and the federal gov (US V California 2014)
How can the Supreme Court be seen as the most powerful branch?
- Its powers outlined in the constitution ensures its sovereignty.
- Presidents cannot stop it.
- It is rare that a ruling is ignored by a federal or state government.
- Power of judicial review is widely accepted.
Why can judicial activism be seen as positive?
- Elected branches shy away from controversial issues
- Current problems need solutions now, congress are often slow (e.g. Brown v Board 1954) Wasn’t until 1960s when congress passed civil rights laws.
- Without interpretation, the constitution would become irrelevant
- Ignoring issues would lead to breaches of rights
- Founding Fathers could not imagine the 21st C society.
Why can judicial restraint be seen as a positive?
- SC is unelected and unaccountable, so should refrain from big decisions.
- No one can adequately know what the Founding Fathers intended.
- Previous court decisions have already interpreted the constitution. (Suggesting justices are using personal views.)
- Should act in a limited fashion.
- Activism undermines their independence and neutrality.
