The judicial branch of government

Question 1

Overview of the Supreme Court

Answer 1

• the highest court in the US
• 9 justices so that decisions are not tied
• justices are appointed by the President and confirmed by the Senate
• justices hold office for life unless they retire or are impeached successfully
• it only hears cases of constitutional importance

Question 2

Selection and appointment process

Answer 2

• a vacancy occurs
• the president considers possible nominees
• candidates are short-listed and extensively background checked
• a final few and interviewed by the president and his choice is formally announced
• the nominee appears before the Senate Judiciary Committee, who vote on the nominee
• senate debates and votes on the nominee, only a simple majority is needed to confirm the appointment

Question 3

Strengths of the SC appointment process

Answer 3

• extremely detailed scrutiny of candidates
• senate confirmations acts as a check on the President
• judges are independent once appointed so presidents trying to pick justices based on political philosophy aren’t always successful

Question 4

David Souter’s switch

Answer 4

• appointed by republican president George HW Bush in 1990
• Souter unexpectedly became a liberal member of the court

Question 5

Weaknesses of the SC appointment process

Answer 5

• the process is politicised: presidents choose nominees who align with their idealogy, voting from the senate takes place on party lines, pressure group campaigns
• if the senate is held by the president’s party, scrutiny is not as effective
• the refusal to consider Merrick Garland was a violation of the president’s right to appoint justices to the court

Question 6

Judicial review

Answer 6

• the court can rule acts of the executive branch unconstitutional
• the court can overturn laws if they are unconstitutional, either Acts of Congress or Acts passed by state legislatures
• gives unelected justices extreme power

Question 7

Strict constructionalism

Answer 7

• the constitution’s original text should be followed as closely as possible and with the original intentions of the Founding Fathers in mind
• typically the Republican philosophy

Question 8

Loose constructionalism

Answer 8

• the constitution should be interpreted more loosely, and should be adapted to the changing needs of society over time
• typically the Democrat philosophy

Question 9

What political decisions has the court made?

Answer 9

• Roe v Wade (1973) gave women the constitutional right to an abortion
• Obergefell v Hodges (2015) effectively legalised same-sex marriage
• these examples show the SC moving towards legislating rather than simply interpreting (quasi-legislative)

Question 10

Arguments against the SC being too politicised

Answer 10

• justices are independent once elected (Trump’s nominees Neil Gorusch and Brett Kavanaugh ruled against him in Trump v Vance)
• Congress can check an overly powerful court by passing a constitutional amendment or even impeaching a justice
• some justices don’t consistently vote the same way

Question 11

Arguments for the SC being too politicised

Answer 11

• it is entirely unelected but makes decisions on controversial matters
• typically reflect the political stance of the President that appointed them
• judgements can only be reversed by a constitutional amendment or by the SC overruling itself, so have the effect of amending the constitution

Question 12

Amicus curiae brief

Answer 12

• a written submission to the court from an outside party that includes key information for a case, in hopes that the court will rule in their favour