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U.S Politics (AK) > The Supreme Court and Civil Rights > Flashcards

The Supreme Court and Civil Rights Flashcards

1
Q

what are the 4 most recent courts up to present

A

Warren (1953-69)
Burger (69-86)
Rehnquist (86-‘05)
Roberts (‘05-)

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2
Q

who did Obama appoint to the Supreme Court

A

Sonia Sotomayor

Elena Kagan

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3
Q

who did Donald Trump appoint to the Supreme court

A

Neil Gorsuch

Brett Kavanaugh

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4
Q

strict constructionist/originalist

A

interpret strictly/literally

stress rentention of states rights

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5
Q

which judges would be classed as strict constructionists

A

Roberts
Thomas
Gorsuch
Alito

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6
Q

loose constructionist

A

interprets constitution less literally

stress broad power to federal gov

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7
Q

living constitution

A

dynamic, take into account contemporary views

put in context

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8
Q

what did Scalia say about the constitution

A

‘not meant to facilitate change’

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9
Q

who favours a living constitution

A

Kagan

Sotomayor

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10
Q

why is capital punishment controversial in regards to controversial

A

constitution says ban on ‘cruel and unusual punishment’

originalist-capital punishment was around at the time+accepted so not what this is talking about

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11
Q

what are the 5 stages of the appointments process

A
  • vacancy occurs
  • president searches for nominees
  • announce nominee
  • confirmation hearing
  • debate+vote
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12
Q

how many vacancies have been filled on the supreme court since 1789

A

119
=1 every 2 years
Trump 2
Carter none

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13
Q

how can the judges on the supreme court be described

A

echo chamber where earlier where views from earlier decades can still be heard
e.g Kennedy appointed by Reagan-stayed on court 30yrs after Reagan left

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14
Q

what posts do SC judges often hold before becoming a justice

A

federal judge

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15
Q

where can presidents looks for sc nominations

A 
state courts ('81 sandra day o'connor Arizona)
department of justice (Kagan general solicitor '10)
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16
Q

which part of the announcement process of SC court judges has become tradition

A

American Bar Association standing committee rate them

well q,q,not q

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17
Q

who was the only recent SC judge not to be given a well qualified rating by ABA

A

Clarence Thomas

qualified

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18
Q

the SC nomination confirmation process

A

stand before Senate Judiciary committee
hearings wi witnesses support or oppose
vote on it

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19
Q

what happens if the hearing is going badly for the SC nominee

A

withdraw

2005 Harriet Miers

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20
Q

what happens if the vote is close or lost

A

likely to be defeated
1987 Robert Bork
42-58

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21
Q

examples of unanimous approvals of SC justices

A

Ruth Ginsburg

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22
Q

how many nominees has the senate rejected since 1789

A

12

confirmed 125

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23
Q

what are the 3 main problems with the appointments process

A

politisicisation of media, congress and president

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24
Q

what kind of appointments are republican presidents likely to make

A

conservative justice

literal+strict view of constitution

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25
Q

what is the ‘litmus test’ that presidents do to justices

A

scrutinise their previous judgements

espeically on abortion,affirmitive action+captial punishment

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26
Q

example of politicisation of senate when choosing a justice

A

defeat of Robert Bork
TV ad against him=$15mill
interest groups against his nom e.g national abortion rights action league

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27
Q

how did Clarence Thomas describe the senate part of nomination process

A

‘circus’ ‘national disgrace’

Thomas did lack qualifications, but hearing focused on sexual harrassment accusations+conservative philosophy

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28
Q

evidence to show partisan politicisation of nominations in the senate

A

Thomas
only 11 dems voted in favour
2 repubs against

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29
Q

what are ‘soft questions’

A

asked from senators of presidents party
not rlly trying to scrutinise nomination
this way pres can get anyone through

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30
Q

how much money was spent during Alito’s nomination process to shape public opinion on him

A

$2 mill

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31
Q

what is the flaw with the scrutiny of the nomination process

A

attempt to embarass/expose people
qualified people less likely want to stand
don’t get best possible justice

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32
Q

what does the refusal of Merrick Garland’s nomination show

A

politicisation
wait for Obama to leave office
if repub pres gets in they can pick
unprecedented

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33
Q

how did Edward Lazarus describe nominations to the court

A

‘election campaigns for political control of the court’

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34
Q

how did the media politicise clarence thomas’ nomination

A

didn’t focus on his qualification

focused on sexual harrassment

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35
Q

4 reasons to demonstrate the importance of supreme court nominations

A

infrequent
for life
only 9
judicial review power

36
Q

why does the fact that nominations to the supreme are infrequent make it important

A

can’t change
frequently setting new president, can be on for years
94-05 no vaccancies

37
Q

why does the fact the appointments are for like make in important

A

echo chamber

38
Q

why is it important the court only has 9 members

A

opinion has significant weight

only need 5 people to agree one a decision

39
Q

why does the power of judicial review make the sc important

A

can strike down laws as unconstitutional

make decisions on massive issues which affect people’s lives

40
Q

judicial review

A

power to declare acts of congress, exec or state gov unconstitutional

41
Q

civil rights

A

positive acts og gov

protect people against descriminatory treatment

42
Q

civil liberties

A

guarantee protection of persons, expression and property

43
Q

when was the power of judicial review ‘found’ as its not in the constitution

A

1803
Marbury v Madison
declared act of congress unconstitutional

44
Q

what is the importance of Fletcher v Peck

A

first declared state law unconstitutional

1810

45
Q

why has the court been described as ‘the third house of legislature’

A

Roe v Wade
constitutional right to an abortion
equal to passing abortion rights laws

46
Q

judicial activism

A

court which sees itself leading way to reform american society

47
Q

which 3 cases have been criticised for judicial activism

A

Brown v Board
Roe v Wade
Bush V Gore

48
Q

summarise Bush v Gore

A

SC ruled manual recount scheme was unconstitutional
violated equal protection clause
basically award Bush presidency

49
Q

which court was said to be ‘activist’

A

Warren 1950s+60s

trying to move society along in areas of black civil rights+arrested persons

50
Q

judicial restraint

A

judges should defer to legislative and executive branches

and precedent set

51
Q

stare decisis

A

stand by that which is decided

only overturn in pressing+changed circumstances

52
Q

when does judicial activism occur

A

judges seen to lead way in public policy matters
courts frequently declare things unconstitutional
‘making’ rather than ‘interpreting’ the law

53
Q

when does judicial restraint occur

A

defend elected institutes
mostly rely on precedent
rarely declare unconstitutional

54
Q

First Amendment

A

freedom of religion + speech

55
Q

landmark cases about 1st amendment

A

Burwell v Hobby Lobby Stores

56
Q

Burwell v Hobby Lobby Stores

A

5-4
affordable cares act required family owned corporation pay for health insurance coverage for contraception violated religious freedoms act

57
Q

landmark campaign finance ruling

A

Citizens united v FEC 2010
corporations are ‘people’ have same constitutional rights
relating to political free speech
overturned decisions dating to 1947

58
Q

second amendment

A

gun control

59
Q

landmark gun control ruling

A

district of columbia V Heller

gave individuals right to own guns

60
Q

what did liberals argue about the 2nd amendment

A

it states ‘in a well trained militia’

individuals therefore shouldn’t have the right

61
Q

Eighth Amendment

A

death penalty

19/50 don’t use it

62
Q

state with highest amount of executions

A

Texas 538

7 in 2016

63
Q

5 states which dominate death penalty league table

A 
texas 
oklahoma 
virginia 
florida 
missouri
64
Q

Ring v Arizona

A

7-2
Death penalty by judges unconstitutional
infringed 6th amendment right (trial by Jury)

65
Q

Roe v Wade ruling

A

7-2

66
Q

Gonzales v Carhart

A

5-4 upheld partial birth abortion ban act 2003

67
Q

Obergefell V Hodges

A

defense marriage act unconstitutional

68
Q

recent judgment over congress’ power relating to the commerce clause

A

National federation of independent business v sebelius
5-4
upheld most provisions in affordable care act including ‘penalty’ for not buying health insurance

69
Q

what did the opposition argue about national federation of independent business v sebelius

A

congress was forcing people to buy things

counter was it wasn’t a ‘penalty’ but a tax

70
Q

landmark immigration case relating to the power of congress

A

united states v arizona
court struck down 3 provisions in arizona law
they encroached on congress’ power
protecting power of congress

71
Q

example of court check on presidents power

A

Rasul v Bush (detainees at Guantanamo bay)
National labour relations board v Noel canning (unconstitutional for Obama to make high level executive appointments when senate technically still available)

72
Q

The supreme court is a political institution YES

A

appointed by pres
confirmed by congress
makes decisions on election issues e.g abortion

73
Q

the supreme court is a political institution NO

A

members aren’t politicians
make decisions on legal arguments
not involved in party politics

74
Q

The supreme court has too much power YES

A

judicial review
unelected
abused its power to bring certain legislation e.g same sex marriage
yes if believe living constitution

75
Q

The supreme court has too much power NO

A

checked by congress (amendments)
has no initiative power
checked by constitution where wording is precise

76
Q

Advancement of civil rights 1964

A

24th amendment

Voting rights not be denied for non payment of poll tax

77
Q

Advancement of civil rights 1965

A

Voting rights act

Ending literacy and other tests for voter registration

78
Q

Affirmative action

A

Give members of a previous disadvantaged minority group a head start

79
Q

How was it suggested racial disadvantage is overcome

A

Busing (moving children to create mixed schools)

Quotas (% of higher education, employment reserved for minority’s)

80
Q

Why was affirmative action needed

A

Have the opportunity but opinions have changed so don’t have equality of results

81
Q

What did many conservative groups and republicans think of affirmative action

A

Patronising to minorities and unfair

82
Q

Gratz v bollinger

A

2003
Ruled 6-3 Michigan uni affirmative action programme was unconstitutional
Too ‘mechanistic’

83
Q

Gutter v Bollinger

A

2003
5-4
University Law schools admissions programme constitutional as more individualised
More subtle affirmative action

84
Q

What did the Supreme Court day about affirmative actions time period

A

Will be a cut off

Estimate 25 years

85
Q

Regents of the university of California v Bakke 1978

A

Ruled out radical quotas

Left door open for race to be considered in admissions procedures

86
Q

Parents involved in community schools inc. v Seattle school district

A

Unconstitutional to assign students to public schools solely just to get a racial balance

87
Q

Chief Justice Roberts on affirmative actions

A

The way to stop discriminating on the basis of race is to stop discriminating on the basis of race
Violates equal protection act of 14th amendment

U.S Politics (AK) (4 decks)

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