The Role Of The Supreme Court

Question 1

How can the president check the judiciary?

Answer 1

Appoints judges

Has the power to pardon convicted criminals

Question 2

How can the legislature check the judiciary?

Answer 2

Approves federal judges

Has power to impeach and remove judges

Can initiate constitutional amendments and has the power to alter the size and structure of the court

Sets court budgets

Question 3

What is the Supreme Courts job?

Answer 3

The most authoritative Interpreter of the constitution

To examine laws or government actions to ensure they do not break the principles laid down in the constitution.

Judicial review

Question 4

How can a Supreme Court decision be changed?

Answer 4

Another Supreme Court decision

Or

Constitutional amendment

Question 5

What does article 3 say about SCOTUS?

Answer 5

‘Judicial power shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish’

This Supreme Court were to hear cases ‘arising under the constitution’

The Court plays an APPELLATE ROLE

Question 6

What things influence the court?

Answer 6

Public opinion

Stare decisis (past precedent)

Amicus curiae briefs (constitutional arguments submitted by interest groups)

The politicisation of the appointments process as presidents aim to appoint those who have similar judicial philosophies to themselves.

Question 7

What percentage of cases do the court refuse to hear?

Answer 7

96%

Question 8

Why is judicial independence important?

Answer 8

Makes sure Constitution remains in politicised so that tyrannical minorites are not able to hold huge power over everyone else

Means the Supreme Court can make unpopular and controversial decisions as the final arbiter of justice. There must not be a threat of deselection or retribution to the justices

Question 9

How can judges be removed?

Answer 9

Only through impeachment for ‘high crimes and misdemeanours’

Question 10

How can judicial independence be undermined?

Answer 10

Amicus Curaie briefs

Politicisation of the appointments process

The desire of the people

Question 11

How many amicus curaie briefs were submitted for California regents v Bakke 1978?

Answer 11

58

Question 12

Which case did the NAACP sponsor ?

Answer 12

Brown v the Board 1954

This influence arguably undermines judicial independence

Question 13

What must those who submit a case to the court prove?

Answer 13

Have suffered a ‘personal and tangible harm.’

This means courts can refuse to hear cases such as Hollingsworth v Perry. This is an example of ACTIVIST RESTRAINT

Question 14

What cases have shown rights not being protected?

Answer 14

Plessey v Ferguson (1896)
Korematsu v US (1944)
Bowers v Hardwick (1986

Brown v Board overturned Plessey
Lawrence v Texas 2003 overturned Bowers

Question 15

Why can the Courts not always make change?

Answer 15

No powers of enforcement, need the other Branches, e.g. the civil rights act meant Brown was enforced

Question 16

Did Roe v Wade equate to a right to abortion?

Answer 16

nope

states can limit right to abortion

Question 17

what conflicting ideas between freedom and rights exist today?

Answer 17

freedom of gun ownership is met by countervailing ideas that citizens should not be made to feel unsafe by guns

some people see regulation of campaign finance as infringing on their freedom of speech, others do not equate money and speech or see limitations as making elections more fair

Question 18

What impact does public opinion have?

Answer 18

a big impact

gay rights public opinion shift saw Obergefell, civil rights came after public opinion shifted. In 1972 although the court was more liberal than it is now, they rejected a petition over gay rights as it was suggested it did not even propose a legal question

constitutional change tends to be bottom up, a change in public opinion is always needed

NRA influence arguably led to DC v Heller 2008

Question 19

How did the court get the power of judicial review?

Answer 19

gave it to themselves, this power is self derived, could take it away. Kind of bad, not from the electorate or another branch

Question 20

Why could the fact judges sit for life be seen as bad?

Answer 20

their power is unchecked by election cycles and term limits

but probably good as they are unaffected by politics and free to make unbiased legal decisions. They can make controversial decisions without threat of deselection

Question 21

How could FEC v Citizens United 2010 be seen as the court being too powerful?

Answer 21

the court had a significant impact on the amount of money flowing into elections giving rise to ‘Super PACs’ like Mitt Romney’s Restore our Future PAC which raised over $100 million for his 2012 presidential campaign.

sending campaign finance out of control is arguably not really a question for the courts, more a politics thing

Question 22

How can Bush v Gore be seen as them being too powerful?

Answer 22

THEY DECIDED THE ELECTION

Question 23

How did the court spark change in civil rights?

Answer 23

Brown v the board acted as a catalyst for the civil rights movement

Question 24

What checks are there on the Supreme court?

Answer 24

They have to be approved by the Senate after being nominated by the President

There is a further check of impeachment, although this has never been used (Abe Fortas resigned rather than face impeachment)

Congress can initiate a constitutional amendment

The court has no initiation power

Question 25

How does Roberts describe supreme court justices?

Answer 25

servants of the law
umpires- do not make the rules, they apply them

doesn’t sound over powerful

Question 26

How can Pressure groups influence the court?

Answer 26

sponsor cases (NAACP sponsored Brown v the Board)

amicus curaie briefs

Question 27

What article of the constitution created the court? What was its purpose

Answer 27

3

the arbiter of judicial disputes between the executive and legislative bodies and between the states and federal government

ensured rights of the American people were protected and to avoid tyranny

Question 28

How can it be argued that the court is the branch that protects states rights? and thereby ensures limited government

Answer 28

expansions in federal govt (New Deal 1930’s, Great society 1960’s and GWB’s expansion of the federal government’

states rights sidelined as federal govt becomes more powerful

cases such as Gonzales v Oregon upheld states rights

Question 29

What is the Ginsberg quote about supreme court rule?

Answer 29

‘the supreme court should not rule by the weather of the day but by the climate of the era’

Question 30

Why have the current court not overturned things they disagree with? like perhaps roe?

Answer 30

respect precedent, even though they may have not ruled the same as the Warren and Burger courts they repeat those decisions and expansions of rights