The Supreme Court - P2 Flashcards
How many judges are there?
9
1 chief justice and 8 associate judges
How do judges become SC judges (summary)?
- appointed by president
- confirmed by the senate by a simple majority
- hold for life
How do judges leave the Supreme Court?
- impeached/ tried and removed from office by Congress
- voluntary retirement
- death
What are the 4 main sources of recruitment for the Supreme Court?
- the federal appeals court
- state courts
- the executive branch
- academia
What are the 7 stages of the appointment process?
- President’s aids select candidates + draws short
- FBI background checks
- President announces nominee
- ABA offers a rating on suitability based on expertise
- Hearing by Senate Judiciary Committee for nominee. Vote is taken to recommend nominee or not.
- Nomination is debated in Senate
- Vote in Senate - simple majority required.
What is the ABA?
American Bar Association
Define Judicial Review
The power of the Supreme Court to declare acts of Congress/ the executive unconstitutional and therefore strike them down.
The power of judicial of review isn’t outlined in the constitution.
Which SC Case established the power of judicial review?
Marbury vs. Madison
What are the two main philosophies of judges?
- Loose constructionists
2. Strict constructionists/ originalist
Loose constructionists -
Ideology
Liberal
Loose constructionists -
Characteristics (2)
- Read into the Constitution
2. Favour federal government power
Loose constructionists -
Party
Democrat
Loose constructionists -
Examples
Sotomayer
Kagan
Strict constructionists/ originalists -
Ideology
Conservative
Strict constructionists/ originalists -
Characteristics (2)
- strict/ literal interpretation of the Constitution
2. Favour State’s rights
Strict constructionists/ originalists -
Party
Republican
Strict constructionists/ originalists -
Examples
- Roberts
2. Alito
Define judicial activism
- use position to promote desirable ends
Define judicial activism
- not use position –> defer decisions to executive and judicial branch
- uphold judicial precedent
What are the two types of due process?
- substantive due process (what the law is)
2. procedural due process (application of the law)
What is substantive due process?
the requirement that the substance of the law be administered fairly, reasonably and constitutionally
What is procedural due process?
the requirement that the process of the law must be fair
What is the constitutional basis of the SC power? How do they give the court power?
- The due process clause
- The equal protection clause
Gives the SC the material with which to strike down laws.
