The American Supreme Court Flashcards
What did Brown vs the Board of education overturn in 1954?
Plessy vs Ferguson as the separate facilities were not equal
What did Plessy vs Ferguson say regarding segregation?
Segregation was legal as long as separate facilities were of equal standard
What is meant by Judicial restraint?
Following the Constitution how it is laid out by the founding fathers
What is meant by Judicial activism?
Loosely interpreting what the constitution states as to allow it to evolve with the modern day
What was Mapp vs Ohio?
Mapp was convicted of possession of “obscene materials” however the police search was admittedly illegal and so the court ruled her fourth amendment (protection of unreasonable searches) to have been violated
What was Roe vs Wade?
Roe challenged the Texas Law which made abortion illegal if the woman’s life wasn’t in danger. The court ruled that Roe’s “right to privacy” was violated by this therefore making abortion legal
What was US vs Nixon?
Nixon claimed “executive privilege” as to not hand over confidential voice recordings during the Watergate scandal. The court made a unanimous decision against Nixon saying he had to release the tapes
What was Texas vs Johnson?
Johnson was put in jail and fined $2,000 for burning an American flag. The court ruled that burning a flag was protected under Johnson’s right of expression
What was Trump vs Hawaii?
Donald Trump passed the “Muslim ban” which prevented immigration from Islamic countries. Hawaii challenged this but a 5/4 decision ruled that Trump had not violated the establishment clause (laws against religion)
What was Riley vs California?
Riley was a gang member who was tied to a shooting through evidence obtained from a search of his car and not through a warrant. the court unanimously ruled that Riley’s fourth amendment had been violated
What evidence is there that the power of the SC is limited to being purely legal?
In 2016 Cleveland Highschool in Mississippi still had to be desegregated
What limits the SC power?
Their ruling needs to be supported by the executive E.G Eisenhower had to put “boots on the ground” to support Brown vs BOE and allow Elizabeth Eckford to go to school
Name a Judicial nomination that did not pass through the senate
Robert Bork by Ronald Reagan due to anti civil right tendencies
What Judge nominated by Bush did not follow Bush’s ideology?
David Souter was expected to be conservative however ended up being liberal
How has the Senate Judiciary Committee shown they are partisan?
When questioning Clarence Thomas the Democrats focused on his conservative ideology and sexual assault claims against him instead of his lack of qualifications
