The Role Of The Supreme Court Flashcards
How can the president check the judiciary?
Appoints judges
Has the power to pardon convicted criminals
How can the legislature check the judiciary?
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
What is the Supreme Courts job?
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
How can a Supreme Court decision be changed?
Another Supreme Court decision
Or
Constitutional amendment
What does article 3 say about SCOTUS?
‘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
What things influence the court?
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.
What percentage of cases do the court refuse to hear?
96%
Why is judicial independence important?
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
How can judges be removed?
Only through impeachment for ‘high crimes and misdemeanours’
How can judicial independence be undermined?
Amicus Curaie briefs
Politicisation of the appointments process
The desire of the people
How many amicus curaie briefs were submitted for California regents v Bakke 1978?
58
Which case did the NAACP sponsor ?
Brown v the Board 1954
This influence arguably undermines judicial independence
What must those who submit a case to the court prove?
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
What cases have shown rights not being protected?
Plessey v Ferguson (1896)
Korematsu v US (1944)
Bowers v Hardwick (1986
Brown v Board overturned Plessey
Lawrence v Texas 2003 overturned Bowers
Why can the Courts not always make change?
No powers of enforcement, need the other Branches, e.g. the civil rights act meant Brown was enforced
Did Roe v Wade equate to a right to abortion?
nope
states can limit right to abortion
what conflicting ideas between freedom and rights exist today?
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
What impact does public opinion have?
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
How did the court get the power of judicial review?
gave it to themselves, this power is self derived, could take it away. Kind of bad, not from the electorate or another branch
Why could the fact judges sit for life be seen as bad?
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
How could FEC v Citizens United 2010 be seen as the court being too powerful?
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
How can Bush v Gore be seen as them being too powerful?
THEY DECIDED THE ELECTION
How did the court spark change in civil rights?
Brown v the board acted as a catalyst for the civil rights movement
What checks are there on the Supreme court?
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
How does Roberts describe supreme court justices?
servants of the law
umpires- do not make the rules, they apply them
doesn’t sound over powerful
How can Pressure groups influence the court?
sponsor cases (NAACP sponsored Brown v the Board)
amicus curaie briefs
What article of the constitution created the court? What was its purpose
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
How can it be argued that the court is the branch that protects states rights? and thereby ensures limited government
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
What is the Ginsberg quote about supreme court rule?
‘the supreme court should not rule by the weather of the day but by the climate of the era’
Why have the current court not overturned things they disagree with? like perhaps roe?
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
