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The Supreme Court Flashcards

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1
Q

How many justices make up the supreme court

A

9

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2
Q

Who nominates them

A

The president

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3
Q

How are they confirmed

A

By the Senate - a simple majority

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4
Q

How long do they serve

A

Life

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5
Q

What are the only ways justices leave the court

A

Death
Voluntarily retire
Impeachment

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6
Q

What is the difference between strict and loose constructionists

A

Strict - interprets the consitution strictly or literally
Stresses the retention Of power by individual states

Loose - interprets the constitution less literally
Stresses the broad range of power to the federal government

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7
Q

Give names of some strict constructionist judges

A 
Roberts
Thomas
Alito
Gorsuch
Barrett
Kavanaugh
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8
Q

Give names of loose constructionist judges

A

Ruth bader ginsburg
Breyer
Sotomayor
Kagan

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9
Q

What is a swing justice

A

Pivotal justice in an otherwise evenly balanced court. Who will often be in the position of casting the deciding vote

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10
Q

What is meant by living constitution

A

The constitution considered as a dynamic living document. Interpretation of which should take into account contemporary society’s views

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11
Q

What is meant by an originalist

A

A supreme court justice who interprets the constitution in line with the meaning or intent of the framers at the time of enactment

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12
Q

Give an example of an originalist justice

A

Scalia (1986-2016)

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13
Q

How would you classify former justice Anthony Kennedy

A

Swing justice

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14
Q

What are the five stages of the appointment and confirmation process

A

1) vacancy occurs
2) president instgates a search for possible nominees and interviews short listed candidates
3) president announces nominee
4) the senate judiciary committee holds a confirmation hearing on the nominee and makes a recommendatory vote
5) nomination is debated and voted on in the full senate. A simple majority is required for confirmation

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15
Q

What has changed in the way the senate now votes on supreme court nominees

A

Voting is usually along party lines

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16
Q

Identify 3 significant critcisms of the appointments and confirmation process

A

Any 3 from
Presidents have tended to politicise the nominations by attempting to choose justices who share their politcal views and judicial philosophy eg obama with kagan and trump with gorsuch
The senate has tended to politicise confirmation process by focussing more on hot button issues (eg women’s rights) than qualifications
Members of the senate judiciary committee from the president’s party tend to ask soft questions of nominee
Members of the senate judiciary committee from the opposition party attempt, through their questions to attack or embarras the nominee rather than elicit relevant information
Justices are now frequently confirmed on party line votes (Gorsuch)
Media conduct a “feeding frenzy” often connected with matters of trivia

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17
Q

Give three reasons why these nominations are said to be the most important thing a president will do

A

Any three of
They occur infrequently
They are for life
Just one new appointee to a 9 member body can significantly change its philosophical balance
The supreme court has the power of judicial review
Their decisions will profoundly affect the lives of ordinary americans for generations

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18
Q

What is meant by the power of judicial review

A

The power of the supreme court to declare Acts of congress, Actions of the executive, Acts or actions of state governments unconstitutional

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19
Q

How did judicial review come about

A

It was “found” by the court in Marbury v Madison (1803) regarding a federal law and used again in Fletcher v Peck (1810) regarding state law

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20
Q

What does it mean to say that the power of judicial review turns the court into a quasi legislative body

A

Because the effects of its decisions have almost the effect of a law having been passed by congress

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21
Q

What is meant by judicial activism

A

An approach to judicial decision making that holds that judges should use their position to promote desirable social ends, even if that means overturning the decisions of elected officials

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22
Q

Give two recent examples of the court decisions reshaping american society

A

Any two of
Roe v Wade 1973 - guaranteed a woman’s right to choose an abortion
District of Columbia v Heller 2008 guaranteed individual gun ownership rights
Obergefell v Hodges 2015 guaranteed right to same sex marriage

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23
Q

What is meant by judicial restraint

A

An approach to judicial decision making that holds that judges should defer to the legislative and executive branches, and to precedent established in previous court decisions

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24
Q

Give 2 examples of recent supreme court decisions relating to freedom of religion and explain the signifcance of both

A

Zelman v simmons-harris 2002 - the court upheld an ohio state programme giving financial aid to parents, allowing them, if they chose, to send their children to a religious or private school
Significance - state govt money could be finding its way to a religious private school
Town of Greece v Galloway 2014 - the court allowed legislative bodies (eg town councils) to begin their meetings with prayer.
Significance - strengthened individual rights to practise their religion in public, even in state constituted and state funded bodies
Burnwell v Hobby Lobby stores 2010. The court overturned the requirement under the Affordable Care Act 2010 that family owned firms had to pay for health insurance coverage for contraception as this violated the religous beliefs of some christian run companies
Significance - strengthened invididual rights of christian business executives to run their companies along lines that agreed with their religious beliefs

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25
Q

Give 2 examples of recent supreme court decisions relating to freedom of speech and explain the significance of each

A

Any two of
McConnell v Federal Election Commision 2004. Upheld federal law (bipartisan campaign reform act) banning soft money in election campaigns stating that this ban did not violate freedom of speech
Significance - limiting campaign finance is not incompatible with the freedom of speech provision of the constitution
Citizens United v FEC 2010 ruled that when it comes to rights of political speech, business corporations and labour unions have the same rights as individuals
Significance - opened the door to unlimited spending by corporations in election campaigns mostly funnelled through PACs
McCutcheon v FEC 2014 the court struck down a 1970’s limit on totals that wealthy individuals can contribute to candidates and PACs
Significance reaffirmed giving of money to candidates and PACs as a fundamental right

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26
Q

What was the significance of recent supreme court decisions about gun control

A

DC v Heller 2008
gun rights are individual
Never before had the courts rules this interpretation of the second amendment

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27
Q

What was the significance of recent supreme court decisions on the death penalty

A

The court was clearly seen as telling us what 18 century words mean in 21 century america

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28
Q

Give 2 examples of recent supreme court decisions relating to abortion and explain their significance

A

Any 2
Roe v wade 1973 ruled that the state law of texas forbidding abortion was unconstitutional
Significance - guaranteed a womans right to choose an abortion as a constitutionally protected right
Whole woman’s health v Hellerstedt 2016 stuck down as unconstitutional two parts of a texas state law concerning abortion provision
Significance - not all limits on a woman’s right to choose whould be regarded as constitutionally permissable
June Medical Services v Russo 2020 - no hospital restrictions placed on clinics
Whole woman’s health v Jackson 2021 - abortion providers could not sue state officials who upheld SB8 (texas heartbeat act)
Dobson v Jackson woman’s health pending 2022 - ruling about 2018 mississippi law which outlaws abortion after 15 weeks

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29
Q

Give 2 examples of recent supreme court decisions relating to marriage equality and explain their significance

A

Any two
United States v Windsor 2013 declared the Defense of Marriage Act 1996 to be unconstitutional and that it is unconstitutional to treat same sex married couples differently from other married couples in terms of federal benefits
Obergefell v Hodges 2015 declared that state bans on same sex marriage were unconstitutional

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30
Q

Give 3 reasons why the supreme court is a political institution

A

Appointed by a politician - the president
Confirmed by politicians - the senate
Makes decisions on issues that feature in elections (eg abortion, gun control, marriage equality) that the 2 main parties disagree over
Some of its decisions have quasi - legislative effect. It is as if a new law has been passed and passing laws is what politicians do
Some have described the court as a “third house of the legislature”

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31
Q

Give 3 reasons why the supreme court is not a political institution

A

Its members are judges not politicans
The court is independent - not subject to political pressure
Judges do not involve themselves in party politics, elections, campaigning or endorsing candidates
There is no such thing as a democratic justice or a republican justice
Members make decisions based on legal and constitutional argument not political ideology

32
Q

Give an example of a recent supreme court decision on the powers of congress

A

National federation of independent buisness v sebelius 2012
Upheld most of the provisions of the ACA 2010 but ruled that the requirement for every american to take out insurance or pay a penalty was not justified under commerce clause only by power to collect taxes

33
Q

Give an example of a recent supreme court decision on the powers of the president and explain significance

A

National labor relations board v noel canning 2014
Ruled obamas recess appointments to NLRB in 2012 were unconstitutional as senate technically not in recess
Significance - court showes its power to say what congress and the president can and can not do according to its interpretation of their respective powers

34
Q

Give 2 examples of the way congress can check the supreme court

A

Any 2 of
Senate has the power to confirm or reject appointments
Congress fixes the numerical size of the court
Congress can initiate constitutional ammendments that would have the effect of enhancing or decreasing the courts perceived legitimacy
Congress has the power of impeachment - even the threat is a check

35
Q

Give 2 ways the president can check the supreme court

A

He has the power to nominate justices
Can decide whether or not to throw his political weight behind a decision of the court thereby either enhancing or decreasing the court’s perceived legitimacy

36
Q

Give 2 other factors that can act as checks on the supreme court

A

Any 2 of
The court has no power of initiation - it must wait for cases to be brought before it
The court has no enforcement powers. It is dependent on the other branches of the government/rule of law for implementation of and obedience to court decisions
Public opinion - if the court makes decisions that are regarded as wrong by a majority of the public the court loses some of its legitimacy
The court is checked by itself - by decisions it has already made
The court is checked by the constitution - although certain parts of the constitution are open to the court’s interpretation other parts are v specific

37
Q

reasons why supreme court might be said to have too much power

A

Court gave itself the power of judicial review
It has declared more acts of congress unconstitutional as the decades have passed
It has made decisions that are out of line with the majority of public opinion
It is an unelected body
It has abused its power to bring about significan policy change (eg abortion, same sex marriage)
If justices believe in a living constitution

38
Q

Give reasons why the supreme court does not have too much power

A

It is checked by congress, which may initiate constitutional amendements effectively overriding court decisions
Congress has the power of impeachment
It has not initiative power - it must wait for cases to come before it
It is dependent upon the rule of law and other branches of government to enforce its decisions
Public opinion is a restraining force on the courts power
It is checked by the words of the constitution where it is precise and not open to interpretation by the court

39
Q

Give 3 ways in which the US and UK supreme courts differ in terms of their origins

A

US court created by founding fathers in 1787
UK court created by act of parliament in 2009
US court written into constitution
UK court written into Act of Parliament
US court first federal court ever created
UK court last UK court to be created

40
Q

Give 2 reasons for the differences in which the US and UK supreme courts differ in terms of their origins

A

US system based on “separated institutions sharing powers”
UK system based on “fused powers.
US system product of revolution
UK system product of evolution

41
Q

How does the appointment processes to the US and UK supreme courts differ

A

US - nominated by the president and confirmed by the senate

UK - nominated by the Judicial appointments commission (no confirmation required)

42
Q

How do the two supreme courts differ in terms of the tenure of the judges

A

US - lifetime tenure

UK - must retire at 70 if appointed after 1995 otherwise 75

43
Q

Name three potential sources of pressure on judicial independence

A 
Any threee of
The executive
The legislature
Pressure groups
The media
Other (senior) judges
44
Q

Give 2 ways in which judicial independence is protected

A

Any two of
Immunity from prosecution for acts carried out as judges
Immunity from lawsuits of defamation for what they say while hearing cases
Salaries can not be reduced

45
Q

Roe v Wade

A

1973
Ruled by 7:2 that state restricted abortion was unconstitutional
Reaffirmed in Planned parenthood v Casey 1992
Has been impacted by conservative changes to state laws eg Texas Heartbeat Act
Whole womans Health v Jackson 2021 - 5:4 ruling against whole woman’s health making it harder to obtain an abortion in Texas
Awaiting rulings Dobbs v Jackson Womens Health Organisation - likely to be conservative ruling

46
Q

Rucho v Common Cause

A

2018
Regarding partisan gerrymandering
Court ruled 5:4 that although partisan gerrymandering may be “incompatible” with democratic priciples federal courts could not review such cases because they are outside the courts remit

47
Q

Trump v Vance

A

2020
5:4 decision
Ruled that absolute immunity (from state criminal subpoenas) is not granted by the supremacy clause or article II of the constitution

48
Q

Trump v Mazars

A

2020
7:2 ruling
Court must take into account separation of powers when resolving disputes over congressional subpoenas relating to personal information about the president

49
Q

Shelby county v Holder

A

2013
5:4 decision
Section 4B of the Civil Rights Act was unconstitutional because the coverage formula was based on data that was over 40 years old
You can not subject a state to preclearance based on past discrimination

50
Q

Citizens United v FEC

A

2010
Related to campaign finance and free speech
5:4 decision
Said that BCRA (Bipartisan campaign reform act) section 203 which said all independent expenditures by corporations was prohibited was unconstitutional as it clashed with first amendment rights
This decision allowed big money back into politics

51
Q

NFIB v Sebelius

A

2012
5:4 decision
Court upheld congress’ power to enact most of the provisions of the ACA
Justice Roberts opinion held that making people buy health insurance or face a fine must be done as part of congress’ taxing powers

52
Q

Obergefell v Hodges

A

2015
5:4 ruling
Court ruled that state bans on same sex marriage were unconstitutional

53
Q

New York State Rifle & Pistol association v Bruen

A

Awaiting ruling
Hearing as to whether the second amendment allows the government to prohibit people from carrying handguns outside their home in self defence
Brought by NYSRP to clarify mish mash of existing state laws

54
Q

District of Columbia v Heller

A

2008
5:4 ruling
Court affirmed rights under 2nd ammendment
Stated that DC handgun ban (and other restrictions) went against this amendment
First SCOTUS case that provided clarity on whether gun rights were individual rights or a right intended for a militia

55
Q

Bostock v Clayton County

A

2020
7:2 ruling
Ruled that the civil rights act does protect gay and transgender people from employability discrimination

56
Q

Department of Homeland Security v Regents of the University of California

A

2020
5:4 decision
Court determined that the decision to rescind the DACA (deferred action for childhood arrivals) program was “arbitary and capricious” and reversed the order

57
Q

What does DACA stand for

A

Deferred action for childhood arrivals

58
Q

Whole womans health v Hellerstedt

A

2016
5:3 ruling
Texas can not place restricitons on the delivery of abortion services that create a burden on women seeking abortion

59
Q

June medical services v Russo

A

2020
5:4 decision
Placing hospital admission requirements on abortion clinics was unconstitutional

60
Q

US v Carpenter

A

2018
5:4 decision
Government needs a warrant to access a persons cellphone location history
Because it is a search under the 4th amendment

61
Q

Bourmediene v Bush

A

2008
5:4
opinion found that the constitution guaranteed right of habeas corpus review applies to persons held in Guantanamo

62
Q

Fisher v university of texas

A

2016
University had a race concious admissions policy
Court said it was applied correctly but that the university has an ongoing obligation to use available data to “assess whether changing demographics have undermined the need for a race conscious policy”

63
Q

Dobson v Jackson Women’s Health

A

Pending expected 2022

Constitutionality of 2018 Mississippi state law banning abortion after 15 weeks

64
Q

Whole Woman’s Health v Jackson

A

2021
5:4
Dismissal of case that abortion providers could sue state officials enforcing SB8 (texas heartbeat act)
This now means that in texas it is vitually impossible to get an abortion

65
Q

Texas v California

A 
2021
7:2 ruling
Dealt (again) with constitutionality of ACA
3rd time it had come before SC 
ACA held to be constitutional
66
Q

Zelman v simmons-harris

A

2002 - the court upheld an ohio state programme giving financial aid to parents, allowing them, if they chose, to send their children to a religious or private school

67
Q

Town of Greece v Galloway

A

2014
allowed legislative bodies (eg town councils) to begin their meetings with prayer.
Significance - strengthened individual rights to practise their religion in public, even in state constituted and state funded bodies

68
Q

Burnwell v Hobby Lobby Stores

A
  1. overturned the requirement of ACA 2010 that family owned firms had to pay health insurance coverage for contraception as this violated the religous beliefs of some christian run companies
    Significance - strengthened invididual rights of christian business executives to run their companies along lines that agreed with their religious beliefs
69
Q

McConnell v Federal Election Commision

A
  1. Upheld bipartisan campaign reform act which banned soft money in election campaigns stating that this ban did not violate freedom of speech
70
Q

McCutcheon V FEC

A

2014
struck down a 1970’s limit on totals that wealthy individuals can contribute to candidates and PACs
Significance reaffirmed giving of money to candidates and PACs as a fundamental right

71
Q

Defense of mariage Act

A

1996
Marriage between a man and a woman
This act allowed states to refuse to recognise same sex marriages

72
Q

US v Windsor

A

2013
Ruled that section 3 of DOMA unconstitutional
Federal benefits must be applied to same sex marriages

73
Q

Ring v Arizona

A

2002
Death sentances imposed by judges unconstitutional under 6th amendment
(Right to trial by jury)

74
Q

Roper v simmons

A

2005

Applying death penalty to crimes committed when under 18 unconstitutional

75
Q

Baze v Rees

A

2008
Leathal injection NOT cruel and unusual punishment
So constitutional under 8th amendment

Politics US - New (5 decks)

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