The Judicial Branch Of Government: The Constitutional Role Of The Supreme Court Flashcards
What are the two important constitutional roles of the Supreme Court?
Interpreting the Constitution
Protecting citizens rights
What is the Supreme Court’s role?
To interrupt the Constitution and apply it to modern situations
What are the two view of the Constitution?
Strict constructionism (views that the Constitution should be interpreted strictly according to what to says, closely associated with originalists)
Loose constructionism (believing the Constitution should be interpreted loosely and applied to a modern context as opposed to to relying on the framers’ precise meaning, it favours the idea of a living constitution)
What is an example of Supreme Court interpretations on the First Amendment?
‘Burwell V Hobby Lobby Stores Inc (2014)’, freedom of religion, as the Court’s struck down part of the Affordable Care Act 2010, who made family-run businesses contribute to health insurance that might be used for contraception
‘Citizens United V Federal Election Commission (2010)’, freedom of speech, allowed corporations to not be limited for political donations and adverts, as they are allowed the freedom of speech
What is an example of Supreme Court interpretations on the Second Amendment?
In ‘District Of Columbia V Heller (2008)’, gun rights, the Court struck down a law banning handgun ownership and ruled that the amendment does confer an individual right to bear arms
What is an example of Supreme Court interpretations on the Eighth Amendment?
In ‘Baze V Rees (2008)’, death penalty, the Court ruled that lethal injection was not ‘cruel and unusual punishment’, so could be used for executions, in the 31 states where the death penalty is legal