The Supreme Court Flashcards
Which key tool does it have against the executive and Congress
Judicial review
How many cases are referred to it a year - how many do they accept
7000 - 80
Which case let the SC interpret the Constitution, establishing judicial review as superior to laws and other branches
Marbury vs Madison 1803
Theoretical ways Congress could check the court
Pass a constitutional amendment
‘Pack the court’
Vet judicial appointments
Can be impeached
Ways the Presiden could check the court
Choosing who to appoint
Ignoring court decisions
What cases during Bush’ presidency showed that the court was a “paper tiger”
What is this balance dependent on
Rasul vs Bush - 2004. The executive deported the detainees to Britain before they could review the legality of their imprisonment
Hamden vs Rumsfeld -2006. The use of x y z was unconstitutional to try detainees in Guantanamo. Bush passed the Military Commissions Act afterward - later struck down.
These issues were publicly popular meaning there was no backlash in public or Congress against these measures - arguably valuing national security over the Constitution
Two cases on gun control - who have they favored
Washington D.C. vs Heller - 2010
NYSPR vs Bruen - 2022
Both reduced regulations and restrictions on publicly carrying and privately owning guns. Mark a change in stance and interpretation of the second amendment, striking down state laws in favour of their interpretation. Conservative judicial activism….
One weakness of a court seeking to be politically active
Can not initiate cases
Two cases on environmental legislation. Who is the power granted to
West Virginia vs EPA - 2022
Sacket vs EPA - 2023
Both cases returned power to the states. The first in enforcing pollution limits )can’t be mandated by the EPA) and the second concerning regulations about certain bodies of water being returned to state control rather than the EPA.
Both mark a shift away from executive power on the basis of making sure federalism isn’t compromised. Allow new legislation specifically targeting these issues to be passed by Congress
Two cases on free speech - elections and churches
Citizens United vs FEC - 2010
Snyder vs Phelps - 2011
Essentially gutted bipartisan campaign reform act and let companies pour unlimited funds into elections. Conservative interpretation of 1st Amendment
Second case ruled in favour of free speech, even if vicious and targeted to vulnerable groups and people
Evaluate the extent to which the SC is a political institution
Appointments process
Their branch focuses on judicial merit + independence is emphasised w/ salary and tenure + apolitical application of the Constituion
Role they have as interpreters is inherently political - judgements have changed and the constitution hasn’t
Checks and balances mean impacts of decisions can be “outpoliticised” + stare decisis often defers to past decisions and elected officials
However, often they are judicially active and the impacts can be profound 2000 election, CU vs FEC and immigration policies
Evaluate the view the SC is an imperial judiciary
Checks and balances on court i.e. packing + amendments + appointment
Rare + ineffective - much more one-sided “3rd legislative chamber”
Relationship w/ President - deference to elected officials (Hawaii vs Trump) + stare decisis i.e. have upheld ACA. “umpire” not a player. + + lack of teeth as demonstrated with Bush indicates exec. has power
But,,, SC mandate more constant than cyclical popularity of President i.e. Bush post-9/11 vs Biden now. Recent cases against EPA + focus on federalism is check on executive + federal government… CU vs FEC w/ Sotomayor assenting
Judicial restraint/ activism - have shown a healthy respect at times for previous decisions,,, don’t want to undermine previous decisions i.e. affirmative action surprise
But.. just as active. Ultimately self-awareness is what stops them and changing makeup of court has led to a more judicially active court - current 6 - 3 split + pure power over all other courts and elected branches of gov with life sentence and constitutionally protected independence
Evaluate the view the SC is more powerful than the President or Congress
Same as imperial judiciary - give judicial restraint / activism section more emphasis on Congress + legislative powers and public policy
Judicial activism vs restraint
Activism - cases that shape public policy, often independent of the will of elected officials or the political process… offer a “judicial solution”. Often see the Constitution as a living document.
Restraint - So long as it doesn’t clash with the Constitution, elected officials should be deferred to when considering cases as they more accurately reflect modern America than the constitution. Often attributed with originalist interpretations and decision made “in stare decisis”
Principle of judicial restraint and in stare decisis suggests that the most powerful check on the court is…
itself - doesn’t want to contradict itself and tarnish the reputation of the court
Civil rights to focus on
Gun rights/ right to life
Women’s rights
Racial minorities rights - voting + affirmative action
Immigration
How did Obama’s immigration policies hold up with the Supreme Court
DAPA struck down in 2016 - with backing from Trump but DACA’s rescindment in 2017 was itself rescinded in 2020
How were migrant rights worsened under Trump
How many amicus curiae were submitted for this case
Hawaii vs Trump - Muslim ban was upheld despite concerns over religious intolerance (1st amendment) - increasing executive powers and a more originalist court?
60
Who holds the power, in general, with immigration and why. What did Trump use during COVID to toughen up on immigration
Generally the President - backed up by recent cases w/ Trump and Obama but this is not absolute. State’s rights generally eroded and this is seen as an implied power for federal government perhaps?
Used Title 42 to federally mandate rrapid removal of migrants
What did Clarence Thomas say Dobbs v Jackson could lead into
May look at other “loose constructionist” readings i.e. Obergefell vs Hodges to return power to states… prime conservative judicial activism
What did Brown vs Topeka decree? What did it not necessarily achieve
End desegregation of schools due to “separate but equal” logic. This had to be enforced by Eisenhower with troops and even in 2016 in Mississippi as one school had not taken enough steps to do
What was the Voting Rights Act of 1964 and where does it stand today/ what SC case ended it
Stopped certain southern states from disenfranchising black voters with literary tests etc. Controlled in a top-down approach by the federal government
Shelby vs Hodder 2-13 - “in the era of a black president”, VRA was no longer needed - removed federal clearance requirements for large changes to electoral procedures
What pending case could gut VRA section 2 on gerrymandering
Merril vs Milligan - would decide whether redistricters should consider race
First government directive ordering affirmative action?
Lyndon Johnson in 1965 - set out quotas for all firms receiving federal funds
Recent cases on affirmative action
Despite fears a more conservative court would reduce affirmative action, they have made decisions in stare decisis
Fisher vs Uni of Texas I and II - both upheld a previous case: Grutter vs Bollinger that universities could consider race in admissions - although its need may have to be proven in a court of law and these decisions be made on a case-by-case basis rather than individually.
Success of Biden when dealing with gun rights - how is this limited
Surprised many analysts with a bipartisan bill post-Uvalde - first such bill in 30 years that expanded background checks and restrictions. Still was a “compromise” as he put it but hard to challenge an NRA-supported republicans and the SC
Biden’s take on immigration
He continued using Title 42, justifying its use as a public health measure but arguably to increase electoral chances. Has deported v high number of immigrants + capped refugees but reversed several of Trump’s more extreme policies and bans and has tried to increase legal routes to migration
What article sets out the SC - sum it up in one quote
Article 3. The judicial power “shall be vested in one court”
How many times has the John Lewis Voting Rights Bill been voted down since Shelby vs Holder
7
