The current composition and ideological balance of the Supreme Court 4.2

Question 1

swing justice

Answer 1

swing justice is the centrist judge who often finds themselves holding the decisive casting vote in a 5—4 split

Question 2

Strict constructionist

Answer 2

A Supreme Court justice who interprets the Constitution strictly or literally, and tends to stress the retention of power by individual states.

Question 3

Loose constructionist

Answer 3

A Supreme Court justice who interprets the Constitution less literally, and tends to stress the broad grants of power to the federal government.

Question 4

Originalism

Answer 4

A Supreme Court justice who interprets the Constitution in line with the meaning or intent of the framers at the time of enactment.

Question 5

Living constitution

Answer 5

The Constitution considered as a dynamic, living document, interpretation of which should take account of the views of contemporary society.

Question 6

Judicial activism

Answer 6

A term traditionally associated with more liberal judges. It sees the Constitution as a ‘living document’ rather than as a static text. It involves an approach to judicial decision making that holds that the courts should use their position to promote desirable social ends. Such an approach focuses more on the ‘spirit’ of the Constitution rather than the precise wording.

Question 7

what important key cases has the WARREN COURT done

Answer 7

• Brown vs Board of Education of Topeka 1954 (declaring racial segregation in public schools unconstitutional)
• Miranda v Arizona 1966 (rights of individuals under police custody)

Question 8

what important key cases has the BURGER COURT done

Answer 8

• New York Times v United States 1971 ( bolstered the freedom of the press against prior restraint by the government {pentagon papers with nixon and vietnam})
• Roe v Wade 1973 (declared abortions as constitutional)
• United States v Nixon 1974 ( clarified the limits of presidential power [watergate scandal])

Question 9

what important key cases has the REHNQUIST COURT done

Answer 9

• United States v Lopez 1995 (limited Congress’s power under the Commerce Clause)
• Bush vs Gore 2000 (case that stopped Florida’s vote recount in the 2000 election)

Question 10

how many decisions are done UNANIMOUSLY in the supreme court

Answer 10

36%

Question 11

how many decisions are done LARGE MAJORITIES in the supreme court

Answer 11

15%

Question 12

how many decisions are done 5-4 in the supreme court

Answer 12

19%

Question 13

explain briefly ‘Masterpiece Cakeshop v Colorado Civil Rights Commission.’

Answer 13

• same sex couple walks in
• baker said they won’t bake for them as they are gay

Question 14

what is chief justices robert’s quote on being a justice

Answer 14

Judges are like umpires. Umpires don’t make the rules, they apply them.

Question 15

who’s a really well known swing judge

Answer 15

chief justice roberts
sided liberal with cases such as:
- Department of Homeland Security v Regents of the University of California = programme protecting young undocumented immigrants known as Dreamers

• June Medical Services LLC v Russo = abortion

Question 16

what example could we use when saying that a majority republican supreme court means nothing

Answer 16

Trump and his complaints that his 2020 election have been rigged (Kelly v Pennsylvania and Texas v Pennsylvania)