Supreme Court - Judicial vs Political Flashcards
1
Q
SC is Judicial
A
- Can only rule based on the constitution - Texas V Johnson flag burning protected 1st over ops
- Cannot enforce its rulings - Brown V Board of Edu
- No initiation power, only passive
- Justices are assessed by ABA
- Constitution guarantees independence through tenure and pay security
- Justices do not consistently vote with a party - Regan Kennedy swing justice
- Strong emphasis on stare decisis - Past decisions
2
Q
SC is Political
A
- Appointment process is political - Barett 55-45, RBG 93-6
- Court often ruling on actions of elected body
- Justices can be divided into liberal and conservative ideologies
- Precedent is set by verdicts - McConnel v FEC 2002 upheld BCRA, 7 years later Cit Uni v FEC struck most of it down
- Justices are chosen for predicted ideology - Trumps 3
- Pres, Congress and Interest groups all influence verdicts
3
Q
SC is Imperial
JR and Justice behaviour
A
- Judicial review results in ruling over elected bodies - Cit Uni v FEC overturned legislation passed
- Judicial review is impossible to overturn aside from amendment (16th Farmer tax)
- Justices are appointed for life, hard to remove
- Justices can act with judicial activism (Brown V Board)
- SC Chooses largest impact cases
4
Q
SC is not Imperial
A
- No enforcement powers
- Can only rule based on the constitution - Texas V Johnson flag burning protected 1st over ops
- Court can only hear around 80 cases a year
- Reluctant to rule on controversial cases (Gun control is avoided, only 3 in 30 years)
- Subject to checks and balances
- No initiation power
