The judicial Branch

Question 1

What cases does the supreme court focus on

Answer 1

Cases of constitutional importance

Question 2

How many cases does the supreme court do a year

Answer 2

100-150

Question 3

What is the composition of the supreme court

Answer 3

Has one chief justice and 8 justices

Question 4

How do presidents appoint justices

Answer 4

Takes suggestions from political advisors

Takes into account their experience and legal knowledge

If they are previously a judge their previous cases will be looked at to see how they would vote in the future

Question 5

Who checks into justices before being appointed into the supreme court

Answer 5

White-houses lawyers and the FBI.

Question 6

What is the senate Judiciary committee

Answer 6

A standing committee that considers presidential judicial appointments.

Question 7

How does the senate confirmation work

Answer 7

The nominee is considered by the senate judiciary committee

Witnesses help the committee to asses the candidates availability.

a simple senate majority is sufficient for confirmation

Question 8

How are filibusters stopped in senate confirmations

Answer 8

any senator can filibuster the nomination and a simple majority can create a closure to stop it

Question 9

arguments for the selection and the appointment process of the supreme court being fit for purpose

Answer 9

Detailed scrutiny of every member

Several opportunity’s for bad nominees to be discarded along the way

The senate judiciary committee members are experts and therefore can perform detailed scrutiny

senate confirmation is a check on the presidents power.

The court has a range of political views to make it fairer

Justices are independent once appointed, and can follow a different view for what they were appointed to do

The involvement of executive and legislative gives 2 branches of government scrutiny powers which is good as supreme court big important.

Question 10

arguments against the selection and the appointment process of the supreme court being fit for purpose

Answer 10

Presidents choose candidates that are like them

Justices can be appointed to follow certain things Eg against abortion

Questioning by committees can be to embarrass the candidate than investigate them

If the senate is on the presidents side it does not end well

In recent times less bipartisan support for justices

The refusal of merec garland

Pressure groups spend millions to go against candidates

Media interest can be intrusive and personal

Kavanaugh’s appointment fucked the courts reputation.

Question 11

current majority in the court

Answer 11

6-3 for the conservatives

Question 12

How important is balance in the court

Answer 12

very, this can swing the court to be either conservative or liberal. Brett kavanaugh in 2018 was the deciding justice to make the swing 5-4 conservatively

Question 13

What is a strict constitutionalism and who does it traditionally

Answer 13

A judicial approach were the text of the constitution is followed very closely.

Normally are conservatives

Question 14

What is loose constitutionalism and who does it traditionally

Answer 14

A judicial approach were the constitution is followed more loosely, according to a modern context

Used mostly by liberal’s and democrats

Question 15

is judicial review in the constitution

Answer 15

No was created after a case in 1803 called marbury v Madison

Question 16

What does quasi-legislative mean in the courts case

Answer 16

It acts as an legislative body as its landmark case ruling’s are used as laws

Question 17

What is judicial restraint

Answer 17

When the justices don’t try to create new laws and stick to what the constitution and the president wants.

Question 18

What is judicial activism

Answer 18

When the justices are aiming to improve society, likely to strike down laws and rule against executive actions

Question 19

Arguments for the supreme court being too political

Answer 19

This unelected body makes important changes

The nomination process is politicised

Most justices make liberal or conservative rulings

Justices usually share the president who appointed them’s stance

The courts been criticised for being the “Third legislative body”

Overtime the federal governments power has been increased not the states.

Question 20

Arguments against the supreme court being too political

Answer 20

For the constitution to stay relevant they need to modernise it

Justices are independant and free from political influence once appointed

Decisions are based on the basis of legal arguments and not political principles

Some justices are swing voters Eg Kennedy

Activism can be needed to ensure rights Eg brown v topeka

Question 21

The significance of brown vs topeka

Answer 21

The decision was viewed as an attack on state rights by the south states

It led to little rock arkansas in 1957, were a state governor didn’t allow black students into a school’ eisenhower sent federal troops to escort them in.

It was a key victory for the NAACP

Was the product of Warren’s Activist court

Question 22

The significance of Obergefell V hodges

Answer 22

The majority of justices took a loose constructionist view

A fundamental change was made by an unelected body

Strict constitutionists condemned the judgement and called it “LEgislating form the bench”

Horrified many christians, which led judges to say it was against the right to freedom of religion

Question 23

Significance of Roe v Wade

Answer 23

Landmark case for the women’s movement, that gave women a choice over their body

Abortion became a highly divisive political issue, with democrats being “Pro choice” and republicans being “Pro life”

The ruling had the same effect as creating a law legalising abortions

some argued congress would have provided broader support and a democratic mandate for abortion rights

Not important but Roe then came pro-life and protested against abortion later in life