The Judicial branch of Government

Question 1

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Define Supreme Court

Answer 1

The Highest court in the United States, which has the power of judicial review

Question 2

Define Judicial Review

Answer 2

The Authority of the courts to declare laws or executive actions unconstitutional - established by Marbury v Madison

Question 3

Define Original Jurisdiction

Answer 3

Cases that the Supreme Court can hear directly, such as disputes between states

Question 4

Define Appellate Jurisdiction

Answer 4

The authority of a court to review decisions made by lower courts

Question 5

Define Judicial Activism

Answer 5

An approach to Judicial decision-making where judges interpret the Constitution broadly to adress societal issues

Question 6

Define Judicial Restraint

Answer 6

An approach to judicial decision-making where judges defer to the other branches of government and focus on a narrow interpretation of the Constitution

Question 7

The Nature and Role of The Supreme Court

Give 3 Roles of the Supreme Court

Answer 7

1. Interpret and preserve the US constitution
2. to be an independent branch of government
3. Judicial review

Question 8

The Nature and Role of The Supreme Court

How is The Supreme Court Independent?

Answer 8

They are seperate from other branches and can make independent rulings free from accountability and public opinion

Question 9

The Nature and Role of The Supreme Court

What is the role of The Supreme court in the constitution

Answer 9

Article 3 gives The Supreme Court the power to rule any cases that invole the US federal government

Question 10

The Nature and Role of The Supreme Court

How does The Supreme Court preform Judicial review

Answer 10

Can declare any acts passed by congress or the excecutive as null and void due to them conflicting with the constitution

Question 11

The Nature and Role of The Supreme Court

When was Judicial review first introduced

Answer 11

1803 - Marbury V Madison case
Declared 1789 judicial act as unconstitutional

Question 12

The Nature and Role of The Supreme Court

When was Judicial review first used to overule state law?

Answer 12

1810 - Fletcher V Peck Case

Question 13

The Nature and Role of The Supreme Court

Give 2 examples of why Judicial Review is important

Answer 13

1. Enables the supreme court to overule state and federal law
2. Gives supreme court influence over legislation as their judgements can decide if something is illegal or legal

Question 14

The Nature and Role of The Supreme Court

Give an example of the supreme court overuling federal and state law

Answer 14

Miller V Alabama - Supreme court ruled Alabama’s life sentence for a juvenille offender unconstitutional

Question 15

The Nature and Role of The Supreme Court

Give an example of The supreme court making legislation legal

Answer 15

Obergefell V Hodges 2015- supreme court ruled in favour of the right to same-sex marriage dispite it being illegal before this

Question 16

The Nature and Role of The Supreme Court

Give 2 examples of how Judicial review is not important

Answer 16

1. Court is not able to enforce it’s decisions - relies on executive and congress to make it’s rulings
2. Amendments to the constitution can overide judicial review

Question 17

The Supreme Coourt Appointment process

Where does the president normally get his nominees for justices from ?

Answer 17

Federal courts of appeal, state courts and the executive branch

Question 18

The Supreme Coourt Appointment process

Give an example of a justices position before they were nominated

Answer 18

Elena Kagen was solicitor general at the department of justice before her nomination in 2010

Question 19

The Supreme Coourt Appointment process

What are 3 things the president may consider when appointing a supreme court justice

Answer 19

1. Judicial outlook
2. experience
3. balance of the court

Question 20

The Supreme Coourt Appointment process

Give 3 strengths of the appointment process

Answer 20

1. checks and balances
2. strong candidate
3. judicial commitee

Question 21

The Supreme Court Appointment process

What is the judicial commitee?

Answer 21

in the senate, senators can question a justice nominee before votng on them

Question 22

The Supreme Coourt Appointment process

give an example of the judicial committee questioning a nominee

Answer 22

2017 Niel Gorsuch, faced tough questioning by the committee which lasted 4 days!

Question 23

The Supreme Coourt Appointment process

Give an example of how the appointment process puts forward strong candidates

Answer 23

Ruth Bader Ginsburg was appointed with a 96-3 vote in 1993

Question 24

The Supreme Coourt Appointment process

Give 3 weaknesses of the appointment process in The Supreme Court

Answer 24

1. politicisation
2. judicial committees
3. media

Question 25

# The Supreme Coourt Appointment process Give an example of politicisation in the apppointment process

Answer 25

1987 Robert Bork nomination was failed due to his stance on abortion rather than his suitability to the court

Question 26

# The Supreme Coourt Appointment process How can the judicial commitee be a weakness of the apppointment proces

Answer 26

The committee can be politicised so members vote along party lines rather than on a candidates ability members who are part of presidents party may ask 'soft questions' so the nomination is more likely to get through

Question 27

# The Supreme Coourt Appointment process Give an example of how the media can affect the appointment process

Answer 27

in 1991 Clarence Thomas faced many sexual assualt allegations which became promenant in media coverage

Question 28

# Supreme Court Membership What are loose constructionists?

Answer 28

1. See constitution as a living document 2. mainly appointed by democrats 3. focus more on federal governemnt power over state

Question 29

# Supreme Court Membership what are strict constructionists

Answer 29

1. try and interpret constitution the way the founding farthers intended 2. mainly appointed by republican presidents 3. focus more on state governement over federal

Question 30

# Guardian of the constitution and protector of rights Give an example of the Supreme court protecting the first amendment

Answer 30

1. Town of Greeece V Galloway - city's and towns meetings could begin with prayer

Question 31

# Guardian of the constitution and protector of rights Give an example of how the 2nd amendment has been protected by the supreme court

Answer 31

2008 District of Columbia V heller case ruled the 1976 bill that banned handguns and said that you had to keep rifles and shotguns unloaded was UNCONSTITUTIONAL

Question 32

# Guardian of the constitution and protector of rights give an example of the supreme court protecting the 5th amendment | (right to silence)

Answer 32

2000 Dickerson V United States - those who have been amend to read their 'miranda rights' which includes the right to remain silent

Question 33

# Guardian of the constitution and protector of rights Give an example of The supreme Court protecting the 8th amendment | (cruel and unusual punishment)

Answer 33

2012 Miller V Alabama ruled that offenders under 18 cannot recieve life sentences without parole

Question 34

# Guardian of the constitution and protector of rights What are the Reconstruction Amendments?

Answer 34

First 3 amendments after the civil war: 13th,14th,15th

Question 35

# Guardian of the constitution and protector of rights What were the reconstruction amendments

Answer 35

1. abolish slavery 2. anyone born in america US citizenship 3. no discrimination against race when voting (had to meet other qualifacations tho)

Question 36

# Guardian of the constitution and protector of rights Give an example of how the 14th amendment was used for abortion

Answer 36

1973 Roe V Wade - decision was justified on the basis of privacy using the 14th amendment

Question 37

# Guardian of the constitution and protector of rights Give an example of how the 14th amendment was used to help racial minorities

Answer 37

2003 Gratz V Bollinger case ruled that Michigan University affirmative action was unconstitutional as it did not take into account the ability of racial minority students it just let them all in

Question 38

# Race and Rights When was the voting rights act introduced

Answer 38

1965 - and re-authorisation in 2006 under president bush

Question 39

# Race and Rights Give a stat of how black voter turnout has increased

Answer 39

1990 = 50% black voter turnout 2012 = 62% black voter turnout

Question 40

# Race and Rights Give an example of voting not being equal

Answer 40

2016 - 26% african-americans in kentucky could not vote due to previus convictions

Question 41

# Race and Rights GIve an example of how racial minorities do not stand for president as much

Answer 41

in 2016 only 3 of 23 candidates were from racial minority groups

Question 42

# Race and Rights Give an advantage of affirmative action

Answer 42

promotes racial tolerance across all students as there are more diverse students

Question 43

# Race and Rights Give a disadvantage of affirmative action

Answer 43

shines a spotlight on race highllighting it's importance, contributing to prejudice around race

Question 44

# Political versus judicial nature of the US Supreme Court Give an example of how the US Supreme court makes political decisions

Answer 44

2000 Bush V Gore - supreme court determined election result

Question 45

# Political versus judicial nature of the US Supreme Court Give an example of how Judicial appointments can be politicised

Answer 45

2017 Niel Gorsuch - senate confirmed nomination with 54-45 with all republicans voting for and most democrats voting against

Question 46

# Political versus judicial nature of the US Supreme Court Give an example of how the supreme court has political legislative power

Answer 46

2015 Obergefell V Hodges

Question 47

# Political versus judicial nature of the US Supreme Court What is the term when previous case rulings shape further case outcomes for justices

Answer 47

Stare decisis

Question 48

# Judicial interpretation Define the view of a living constitution

Answer 48

The constitution is vague so that it could evolve over time - constitution must adapt to modern times

Question 49

# Judicial interpretation Define the view of originalism in the constitution

Answer 49

Constituion's meaning does not change over time and should not be changed - especially not by unelected judges who cannot be held accountable

Question 50

# Supreme court checks and balances Give an example of the supreme court hvaing power over major legislation

Answer 50

in 2007 Gonzales V Carhart banned a specific type of abortion procedure

Question 51

# Supreme court checks and balances GIve an example of an unpopular supreme court ruling

Answer 51

2018 Trump V Hawaii case - upheld Trumps travel ban from iran, somalia, syria and libya and yemen

Question 51

# Supreme court checks and balances Give an example of the supreme court ruling a congressional act as unconstitutional

Answer 51

2012 Miller V Alabama - ruled the life sentence without parole for a juvenile offender as unconstitutional

Question 52

# Supreme court checks and balances How does congress check the supreme court

Answer 52

through amendments

Question 54

# Supreme court checks and balances Give an example of a congressional check on the supreme court

Answer 54

1919 - 19th amednment gave women the right to vote

Question 55

# Supreme court checks and balances How does public opinion act as a check on the supreme court

Answer 55

Justices are aware of the public response to their decisions

Question 56

# Supreme court checks and balances Give an example of public opinion checking the supreme court

Answer 56

in 2012 the court had months of pressure from public and obama to uphold the National Federation of Independent Business V sebelius case

Question 57

# Judicial activism What is an example of a court that acted on judcial activism

Answer 57

The Burger Court 1969-1986 tackled issues like roe v wade

Question 58

# Judcicial activism Give an example of a court that acts with Judicial restraint

Answer 58

The renhquist court 1986-2005