The judicial branch of government Flashcards
what is the supreme court
top court in the US
Which article is the Supreme court outlined in?
Article 3
What type of court is the SC?
An appellate court - hears appeals against cases that have already been heard by lower courts
When can the SC have original jurisdiction (first to hear a case)?
If the case is against the president or the United States
how many SC members are there
9
Which Act established the 9 judges of the SC?
1869 Judiciary Act
How are justices appointed?
Nominated by the president and ratified by Congress.
What is the main power of the US Supreme court?
Judicial review
What is judicial review?
The power of the Sc to rule acts or actions of federal and state government unconstitutional
From what case was the power of judicial review taken by the SC?
Marbury v Madison (1803)
What phrase did the Marbury v Madison (1803) ruling include?
“it is emphatically the province and duty of the judicial department to say what the law is.”
What happens when SC decides an act is unconstitutional?
It becomes null and void - act has no longer any legal effect
What are the 4 arguments put forward for judicial independence being protected?
- Supreme Court a separate branch of gov.
- Justices appointed for life
- Salaries protected by constitution
- New justices only appointed when vacancy occurs
What are the 4 arguments put forward for judicial independence not being protected
- Appointment process (nomination and ratification)
- Rulings frequently attacked in media by political parties
- Congress can change number of justices on the Court
- Justices can be impeached by Congress
What are the 2 arguments put forward for judicial neutrality being protected?
- Judges expected to have extensive judicial experience
- American Bar Association (ABA) plays a role in appointment process
What are the 3 arguments put forward for judicial neutrality not being protected?
- Background of justices similar
- Judges can have active role in politics (speeches & decisions have political implications)
- Has been extensive media scrutiny of background of justices
how many democrat judges are there on the SC
- 3
- Sonia Sotomayor: Appointed by President Barack Obama in 2009
-Elena Kagan: Appointed by President Barack Obama in 2010. - Ketanji Brown Jackson: Appointed by President Joe Biden in 2022.
How many republican judges are there on the SC
- 6
- Chief Justice John Roberts – Appointed by George W. Bush (2005)
- Clarence Thomas – Appointed by George H.W. Bush (1991)
- Samuel Alito – Appointed by George W. Bush (2006)
- Neil Gorsuch – Appointed by Donald Trump (2017)
- Brett Kavanaugh – Appointed by Donald Trump (2018)
- Amy Coney Barrett – Appointed by Donald Trump (2020)
When can a new SC justice be appointed?
When a vacancy occurs
How does a vacancy occur on the SC?
Through death, retirement of impeachment of a justice
What are 3 examples of a vacancy occurring?
- Ruth Bader Ginsburg died in 2020
- Stephen Breyer resigned in July 2022
- No justice has been successfully impeached
How does a presidential nomination occur?
- President can nominate anyone they wish - it is expected they have judicial experience.
- President is likely to choose someone with similar ideology.
What are 2 examples of presidential nominations to SC?
- Trump nominated Amy Coney Barrett (conservative ideology) to replace Ginsburg (liberal)
- Biden nominated Ketanji (liberal) to replace Breyer (liberal)
What ratings can the American Bar Association give a justice?
WQ - well qualified, Q - qualified or UQ - unqualified
