The Nature and Role of the Supreme Court Flashcards
What are District and Circuit Courts respectively? - Nature and Roles of the Supreme Court
Circuit courts are a lower form of federal court that exist below the Supreme Court. District Courts are a set of courts that sit below Circuit Courts where most appeal cases begin before elevation to Circuit Courts.
What is the importance of the Supreme Court’s Chief Justice? - Nature and Roles of the Supreme Court
The Chief Justice of the Supreme Court can set the tone of te Supreme Court although they do not have powers which exceed those of their associates. They tend to have a distinct ideological leaning that they encourage the Court to adopt itself.
What is a judicial review? (US) How did the Marbury v. Madison case (1803) - Nature and Roles of the Supreme Court
A judicial review is the process whereby the Supreme Court can strike down Executive actions, Acts of Congress or the state equivalents of these. Marbury v. Madison was the case which ‘discovered’ the power of judicial review when they declared that actions taken by President Adams to appoint judges before his emplacement took office were unconstitutional.
What was the importance of the Fletcher v. Peck case to judicial review? - Nature and Roles of the Supreme Court
Fletcher v. Peck saw the first instance of the Supreme Court striking down a state law which it perceived to be unconstitutional, concerning laws over land which had been passed.
How has the power of judicial review politicised the Supreme Court as a body? - Nature and Roles of the Supreme Court
The power of judicial review has seen the Court attempt to update the meaning of the Constitution’s words, meaning that the application of modern cases to the constitution has seen the Court determine what is permissible under the constitution.
How have judicial reviews changed the Supreme Court into a quasi-legislative body? - Nature and Roles of the Supreme Court
Judicial reviews have seen the Supreme Court’s decisions having a similar impact to passing an Act of Congress as their judgements cannot be overturned by legislation alone. Changing their judgements requires either a further Court judgement or a constitutional amendment.
