The Supreme Court

Question 1

examples of how judicial review has made the Supreme Court a political institution.

Answer 1

• ‘the only thing separating the two parties is abortion’ (Mark Shields) - the SC is the main body to rule on this issue
• Bush v. Gore - effectively handed the 2000 election to Bush - a result of Raegan and H. W. Bush’s conservative appointments?
• Marbury v. Maddision (1803) - judicial review
• politicisation of appointments - justice Kennedy appointed by Reagan

Question 2

Define judicial activism + examples

Answer 2

Taking on a larger case ‘docket’ and making rulings into contentious social matters e.g. abortion:
- The Warren Court was said to be a judicially active institution because of rulings such as Brown v. Board.

Question 3

Significance of Citizens United v. FEC (2010)

Answer 3

businesses and unions have the same freedom of speech rights as individuals.
- Groups can spend unlimited amounts on elections

Question 4

significance of Hamdan v. Rumsfeld

Answer 4

example where the Supreme Court overruled the president.

(military commissions deemed unconstitutional)

Question 5

significance of Obergefell v. Hodges

Answer 5

Legalisation of gay marraige:

• example of how judicial review gives the judiciary a quasi-legislative function.

Question 6

Make the case that the USSC is more political than it’s UK counterpart regarding judicial review.

Answer 6

US - can use judicial review to strike down laws

UK - persuade parliament to change the law

Question 7

Make the case that the USSC is more politicised than its UK counterpart in relation to elections.

Answer 7

US - can decide the outcome of presidential elections - e.g. Bush v. Gore

UK - Separation of powers - would never occur in the UK - form coalition instead.

Question 8

Make the case that the USSC is more political than its UK counterpart in relation to the appointments process.

Answer 8

US - Appointed by the president - the president may appoint based on their philosophy rather than legal merit - e.g. Raegan’s Justice Kennedy who served for 30 years.

UK - made by the Judicial Appointments Committee - completely free from political interference.

Question 9

originalist / Loose constructionist definition

Answer 9

Loose constructionist: adapt the constitution to the modern day

originalist: literal interpretation of the constitution

Question 10

Marbury v. Maddison

Answer 10

(1803) Established the principle of judiciary review