The Supreme Court - P2

Question 1

How many judges are there?

Answer 1

9

1 chief justice and 8 associate judges

Question 2

How do judges become SC judges (summary)?

Answer 2

• appointed by president
• confirmed by the senate by a simple majority
• hold for life

Question 3

How do judges leave the Supreme Court?

Answer 3

• impeached/ tried and removed from office by Congress
• voluntary retirement
• death

Question 4

What are the 4 main sources of recruitment for the Supreme Court?

Answer 4

1. the federal appeals court
2. state courts
3. the executive branch
4. academia

Question 5

What are the 7 stages of the appointment process?

Answer 5

1. President’s aids select candidates + draws short
2. FBI background checks
3. President announces nominee
4. ABA offers a rating on suitability based on expertise
5. Hearing by Senate Judiciary Committee for nominee. Vote is taken to recommend nominee or not.
6. Nomination is debated in Senate
7. Vote in Senate - simple majority required.

Question 6

What is the ABA?

Answer 6

American Bar Association

Question 7

Define Judicial Review

Answer 7

The power of the Supreme Court to declare acts of Congress/ the executive unconstitutional and therefore strike them down.

Question 8

The power of judicial of review isn’t outlined in the constitution.

Which SC Case established the power of judicial review?

Answer 8

Marbury vs. Madison

Question 9

What are the two main philosophies of judges?

Answer 9

1. Loose constructionists

2. Strict constructionists/ originalist

Question 10

Loose constructionists -

Ideology

Answer 10

Liberal

Question 11

Loose constructionists -

Characteristics (2)

Answer 11

1. Read into the Constitution

2. Favour federal government power

Question 12

Loose constructionists -

Party

Answer 12

Democrat

Question 13

Loose constructionists -

Examples

Answer 13

Sotomayer

Kagan

Question 14

Strict constructionists/ originalists -

Ideology

Answer 14

Conservative

Question 15

Strict constructionists/ originalists -

Characteristics (2)

Answer 15

1. strict/ literal interpretation of the Constitution

2. Favour State’s rights

Question 16

Strict constructionists/ originalists -

Party

Answer 16

Republican

Question 17

Strict constructionists/ originalists -

Examples

Answer 17

1. Roberts

2. Alito

Question 18

Define judicial activism

Answer 18

• use position to promote desirable ends

Question 19

Define judicial activism

Answer 19

• not use position –> defer decisions to executive and judicial branch
• uphold judicial precedent

Question 20

What are the two types of due process?

Answer 20

1. substantive due process (what the law is)

2. procedural due process (application of the law)

Question 21

What is substantive due process?

Answer 21

the requirement that the substance of the law be administered fairly, reasonably and constitutionally

Question 22

What is procedural due process?

Answer 22

the requirement that the process of the law must be fair

Question 23

What is the constitutional basis of the SC power? How do they give the court power?

Answer 23

1. The due process clause
2. The equal protection clause

Gives the SC the material with which to strike down laws.