The supreme court Flashcards
Arguments for the Supreme Court being the most powerful branch
Only 9 judges (never a tie)
Judges have life tenure and set pay
Least checks out of the 3 branches
Arguments against the Supreme Court being the most powerful branch
cant initiate a case
congress can pass amendments to legislation
congress can impeach judges
judicial integrity
president makes the appointments
Appointment process
1) vacancy appears
2)President looks at potential nominees
3) President announced their nominee
4) senate judicial committee holds a confirmation vote
5) nomination is debated and voted on in the full senate (simple majority vote is needed)
evidence that appointing judges is difficult
trump appointed 3 justices in just a 4-year term
Carter had 0 appointments while he was in office
main weakness of appointment process
Process is over-politicised- justices are appointing with political interest in mind
Judicial restraint
When a court is inclined to consider the views of elect officials and look at past cases
Judicial activism
Allows courts to consider the wider effect on society, even if it goes beyond the law
Swing justice
in a court of republicans and liberals, the swing justice is the centrist who sways the vote
Originalism
A Supreme Court justice who interprets the constitution in line with with how it was meant to be
Living constitution
The constitution considered as a dynamic, living document
we should interpret it with society in mind
Imperial judiciary
The view that the courts are too powerful through
Judicial review
Power of the Supreme Court to rule acts of congress, the president or state governments as unconstitutional.
Stare Decisis
“let the decision stand”
A legal principle that judges should led past decisions stay wherever possible
Morse vs Frederick 2007
Frederick wrote “bong hits for Jesus” on high school walls in Alaska
His suspension was a violation of 1st amendment (speech)
6-3 maj saying no rights violated
District of Columbia vs Heller (2008)
DOC court est an inconstant law banning ownership of handguns
declared shotguns and rifles must be kept unloaded
law deemed as unconstitutional
Roper vs Simmons
Court decided (5-4) that says it is unconstitutional to subject death penalty to anyone under 18
