The Supreme Court Flashcards
Role with the constitution
To uphold and interpret the constitution. It is given judicial power by the constitution under article 3.
Which article gives the SC judicial power?
Article 3
The constitution states that
The Supreme Court will rule on constitutional issues, when they happen and are brought to the, but not initiate them.
The Supreme Court is the highest appeal court.
It is possible for a case to be heard in the Supreme Court without being heard else where e.g. disputes between Federal State and governments.
Judges are nominated by a president and ratified by the senate.
What is the role of the Supreme Court?
- to uphold the constitution, as outlined in article 3 of the constitution
- as a constitutional curt it is not trying to ascertain innocence or guilt. Instead it determines the acceptability of actions within the rules of the constitution.
Powers established by the constitution:
- THE EXTENT OF JUDICIAL POWER: “to all Cases in Law and Equity arising under the constitution”
- LIFE TENURE FOR JUDGES
- ORIGINAL JURISDICTION: a case can be tried at the Supreme Court and does not have to be first heard in a lower court.
- APPELLATE JURISDICTION: most cases go to another court before being presented to the Supreme Court. The losing side in a lower court can appeal to the next court level until finally reaching the Supreme Court.
- THE APPOINTMENT PROCESS: all justices are nominated by the president and ratified by the Senate.
Powers implied by the constitution:
- THE POWER OF JUDICIAL REVIEW: allowing it to overturn any other institution (including Congress and President) because the Court declares its actions to be unconstitutional.
- THE POWER TO OVERTURN STATE LAW
Powers established by Acts of Congress:
- THE ESTABLISHMENT OF ‘INFERIOR COURTS’ - there are 13 circuit courts (or appeals courts) below the Supreme Court, the final court of appeal.
- TO DETERMINE THE NUMBER OF JUSTICES ON THE COURT (9)
Name two judicial review cases
Marbury v Madison (1803)
Fletcher v Peck (1810)
Marbury v Madison (1803)
- ruling effectively saw the Supreme Court granting itself the power of judicial review.
- judged that the behaviour of the president was unconstitutional
Fletcher v Peck (1810)
- ruled against a state law, extending power of judicial review to state law as well as federal law.
- enhanced jurisdiction of Supreme Court judgements.
Aspects of independence of the SC:
- Separation of powers
- appointment process
- life tenure
- salary
Aspect of Independence: Separation of powers
- no one in the executive or legislative works closely with the judges, so little chance of close connection or pressure.
^constitutional independence & judicial review allows the Court to check the power of the president and congress but it lacks enforcement powers.
Aspect of Independence: appointment process
- the president only nominates, and the senate accepts or rejects the nomination
Aspect of Independence: Life tenure
- President or congress cannot remove a justice (Congress supermajority needed to impeach if they act illegally)
Aspect of Independence: salary
- Article 3 states their pay “shall not be diminished during their continuance in office”
Why is the Supreme Court considered a political actor in the US system of government?
- become more politicised in a partisan era
- political significance as it has to uphold the constitution
The SCOTUS is political in nature because
Its powers of judicial review make it a quasi-legislative body
- court decisions almost have the effect of a law being passed by congress.
- 1973 decision in Roe v Wade: the court stated that women have a constitutional right to choose an abortion, the effect was arguably even more powerful than an abortion rights law being passed by Congress.
Judicial activism
An approach to interpretation of the constitution. It has two key components:
1) justices use their views and values to achieve their own social or political goals.
2) activism involves the court overturning other political institutions or the precedent of previous courts.
EXAMPLES:
- Marbury v Madison which established new policy as it granted the SC the power to judicial review.
- Roe v Wade
Judicial Restraint
The approach to judicial interpretation is to limit the extent to which they overturn political bodies. In other words, if in doubt, let precedent stand and do not overrule the President or Congress.
- Whole Woman’s Health v Hellerstedt (5-3 - Texas cannot place restrictions on the delivery of abortion services that create an undue burden for women seeking an abortion).
- Bucklew v Precythe - lethal injection
Obergefell v Hodges (2015)
- 14th amendment extends to same sex marriage.
- 5-4
- judicial review making the SC a quasi-legislative body
United States v Texas (2016)
- Obama’s executive order to allow certain illegal immigrants to be granted ‘deferred action status’
- the court found he didn’t have such powers
- 4-4
- the brevity of the judgement masked the enormity of the supreme court’s decision
McCutchen v Federal Election Commission (2014)
- limited total amount an individual could spend in an election. The limit on how much could be contributed to an individual campaign remained.
- 5-4
- Liberal justice’s created a loophole that will allow a single individual to contribute millions of dollars to a political party or to a candidate’s campaign.
The US Supreme Court is a POLITICAL institution
- court rulings can reflect public opinion at the time
- the appointment process is explicitly political even partisan
- ‘political’ appointments do not always turn out at planned
- Judicial activism - the court puts itself on a more equal footing with the other branches seeing itself as integral to the shaping of public policy. Less inclined to observe precedent.
- Interest groups play a role by sponsoring cases and submitting amicus advice briefs.
- Gorsuch appointment faces huge Democratic filibuster in the Senate
- In Casey v Planned Parenthood (1992) a majority on the Rehnquist Court were reluctant to effectively overturn Roe v Wade (1973) even though they did not necessarily agree with the original ruling.
- The result of many of the court’s decisions has almost the same effect as if a piece of legislation had been passed.
- Loose constructionism.
The US Supreme Court is a judicial institution
- It is an appellate court
- Justices are insulated from politics by being appointed for life
- Through stare decisis and judicial restrain it holds back from making political decisions
- The court is fundamentally constrained by the wording of the constitution. It is its duty to interpret the words of the Sovereign Constitution.
- strict constructionism
The appointment process
- a vacancy occurs (by death, resignation or impeachment)
- the president nominates a new justice (presidents, with the aid of White House officials, will typically draw up a shortlist of nominees. The nominees public records and private lives are scrutinised, including FBI reports, before a president settles on a single nominee)
- the senate decides (the Senate Judiciary Committee holds hearings, including an interview with the nominee, and makes a recommendation to the full chamber. The American Bar Association issues a report on the extent to which the justice is qualified, which may or may not influence the final decision. The full senate votes with over 50% required for a nominee to be appointed)
Strengths of appointment process
- It ensures judicial independence
- It ensures judicial ability
- It ensures personal suitability
