The Supreme Court (Definitions)

Question 1

Strict Constructionists

Answer 1

Justices who interpret the the Constitution in a literal/ Conservative way. Advocate retention of state power over federal power

Question 2

Loose Constructionists

Answer 2

Justices who interpret the Constitution in a liberal/ adaptable way. More inclined to give powers to federal government

Question 3

Judicial Activism

Answer 3

Approach that states justices should use their position for desirable social ends

Question 4

Judicial Restraint

Answer 4

Defer legislative responsibility to elected branches and put greater stress on precedent

Question 5

Structure of federal courts

Answer 5

United States District Courts (94) -> United States Court of Appeals (13) -> Supreme Court (1)

Question 6

Pools of recruitment

Answer 6

Where the Supreme Court nominees are selected from, mainly: federal Courts of Appeals; State courts and Department of Justice

Question 7

‘Litmus test’

Answer 7

Presidents scrutinise potential Supreme Court nominees by looking at their previous rulings on controversial political issues

Question 8

Judicial Review

Answer 8

Power of Congress to declare acts of Congress, or actions of the Executive, unconstitutional

Question 9

Civil Rights

Answer 9

Positive acts of government to protect citizens from arbitrary or discriminatory treatment by government

Question 10

Civil Liberties

Answer 10

Mostly spelt out in constitution: guarantee protection of people from government

Question 11

Due Process

Answer 11

Substance of law must not be unconstitutional and the process of the law must be fair

Question 12

Checks by Congress

Answer 12

Senate can confirm or reject nominees; Congress decides how many justices sit on court; impeachment; initiate constitutional amendments

Question 13

Checks by President

Answer 13

Nominate justices; support or criticise supreme court rulings