Supreme Court - Supreme Court Flashcards
Define: Judicial review
The power of the SC to declare Acts of Congress, actions of the exec, or actions of state govts. unconstitutional
Define: Civil rights
Positive acts of govt. designed to protect persons against discriminatory treatment
Define: Civil liberties
Liberties, mostly spelt out in Constitution, that guarantee protection of persons
Define: Equal protection clause
A clause in the 14th Amendment requiring states to guarantee equal right to all citizens
Define: Judicial activism
Judges should use their position to promote desirable social ends
Define: Judicial restraint
Judges should defer to the legislative and executive branches, and to precedent established in previous Court decisions
Define: Stare decisis
A legal principle that judges should look to past precedents as a guide wherever possible
There are ___ members of the Supreme Court
1 Chief Justice and ___ Associate justices
9 members
8 associate justices
How are justices elected
Chosen by President and confirmed by simple majority in Senate
How can a justice be removed
Through impeachment
House impeaches justice through simple majority
Senate must try justice - if found guilty by 2/3 majority
Example of SC impeachment
Abe Fortas resigned 1968 rather than face impeachment
Structure of US judiciary
US District Courts
US Court of Appeals
US Supreme Court
______ cases are submitted to the Supreme Court, only ______ selected each year. ____% acceptance rate
80,000
80
0.1% acceptance rate
What is a Writ of Certiorari
Where a higher court reviews a case tried in a lower court
4/9 justices must choose to hear it
Recent accusations of Judicial Activism
Roe v Wade
Bush v Gore
Reasons why Judicial Review is important
- The SC can overrule other branches of govt.
- SC can effectively update Constitution’s meaning
- SC has protected civil rights and liberties
Example of SC overruling other branches of govt.
Marbury v Madison
Example of SC effectively updating meaning of Constitution
Court decides what is meant by ‘forbidding cruel and unusual punishment’
Example of SC protecting civil rights
Bush v Gore (Didn’t allow recount due to Equal Protection Clause (Florida))
Roe v Wade (Women have right to choose)q
