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AQA:US Politics > The US Supreme Court > Flashcards

The US Supreme Court Flashcards

1
Q

What is the function of the Supreme Court?

A

-highest court in the federal judiciary
-final Court of Appeals
-focuses on cases of constitutional importance

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2
Q

Journey a case takes to the Supreme Court?

A

-US District Courts
-US Court of Appeals
-the Supreme Court

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3
Q

What gives the Supreme Court incredible power?

A

Constitutional Sovereignty

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4
Q

How does a seat on the Supreme Court become vacant?

A

if a justice dies, retires or is impeached

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5
Q

With what criteria does a President pick a Supreme Court candidate?

A

-consider the candidates juridical experience, professional standing, reputation and integrity
-presidents aim to appoint justices who share their view on how the Constitution should be interpreted

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6
Q

How did Trump promise to choose judicial nominees when he was running for president in 2016?

A

-promised to choose judicial candidates suggested by the conservative legal group (the federalist society)

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7
Q

How long was justice Antony Kennedy interviewed by the FBI for?

A

10 hours

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8
Q

Who reviews a presidential nomination for a Supreme Court justice?

A

reviewed by the Senate Judiciary Committee

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9
Q

Where do most Supreme Court nominees come from?

A

the Federal Court of Appeals

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10
Q

Example of a justice that did not have judicial experience?

A

Elena Kagan- had never been a judge, she was solicitor general at the department of justice

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11
Q

What happens following the hearing in the Senate Judiciary Committee?

A

-they vote on the nominee
-the vote is just a recommendation, but it does not tend to indicate how hard or easy it will be for a nomination to pass in the senate

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12
Q

Example of the Senate Judiciary Committee vote reflecting that of the senate:

A

Ruth Bader Ginsburg, received a unanimous vote from the senate committee was voted in 96-93 in the senate

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13
Q

In the courts history what vote did a nominee need to be confirmed?

A

60/100

the rules allowed for a senator to filibuster a nomination and 60 votes were needed to invoke closure

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14
Q

Who changes the confirmation vote for the Supreme Court?

A

-2013, the Democrats controlled senate changes the rules and introduced the ‘nuclear option’
-allowed for cloture to be invoked with a simple majority
-2017, the Republican controlled senate extended the nuclear option to the Supreme Court

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15
Q

Why did the Republicans extent the nuclear option to the Supreme Court in 2017?

A

to prevent Democrats from filibustering the nomination of Neil Gorsuch

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16
Q

Who was the first Supreme Court justice not to receive a single vote from the minority party in the Senate?

A

Amy Coney Barett

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17
Q

When was the last time the Senate formally voted against a nominee?

A

1987

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18
Q

When was the last time a nominee was withdrawn by a president?

A

2005

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19
Q

Why was Merrick Garland a controversial nomination?

A

-nominated Obama in 2016
-Republicans held the senate and declared that they would not consider Garland as there was a presidential election due in November

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20
Q

Why was Amy Coney Barrett a controversial nomination?

A

-replaces Ruth Bader Ginsburg
-the presidential election was weeks away and the Republicans still had a senate majority
-Trump wanted Barrett on the court to support him if he chose to appeal the election result
-similar to the Merrick Garland situation

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21
Q

Why was Clarence Thomas a controversial nomination?

A

-nominated by Bush in 1991
-the nomination was nearly derailed by accusations of sexual harassment from Thomas’ former colleague, Dr Anita Hill
-only 11 Democrats supported home

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22
Q

Why was Brett Kavanaugh a controversial nomination?

A

-nominated by Trump in 2018
-Kavanaugh was accused of sexual assault by Dr Christine Blasey Ford
-Kavanaugh replaced swing justice Antony Kennedy
-confirmed 50-48

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23
Q

Example of a presidents influence over a Supreme Court justice ending once they are appointed:

A

Republicans President G.W.Bush appointed David Souter who became a liberal member of the court

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24
Q

Example of justices ruling against the president who appointed them:

A

Neil Gorsuch and Brett Kavanaugh judges in Trump v Vance (2020) and Trump v Mazar’s (2020) that the President did not have an absolute right to withhold his tax returns and financial record from investigation

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25
Argument that the appointment process for supreme court justices is fit for purpose:
-detailed scrutiny means that previous misdemeanours are uncovered -Senator judiciary committee members are experts in judicial matters -Senate confirmations are a check on the power of the president -the court has a range of conservative and liberal justices which allows for a range of legal approaches -justices are independent once appoint (David Souter) -involvement from the president and the senate gives 2 elected branches of government oversight of the election process
26
Argument that the Supreme Court appointment process is not fit for purpose:
-Presidents choose candidates who share their political philosophies -justices may be chosen based on their records of their issues such as abortion rather than their judicial excellence -if the senate is held by the Presidents party they tend to carry out less effective scrutiny -there is less bipartisan support for justices -pressure groups spend millions campaigning for or against a candidate -Senate's confirmation of Brett Kavanaugh following the sexual assault allegations damaged the courts reputation
27
What is the current composition of the court?
John Kennedy- Chief (C) Clarence Thomas (C) Stephen Breyer (L) Samuel Alito (C) Sonia Sotomayor (L) Elena Kagan (L) Neil Gorsuch (C) Brett Kavanaugh (C) Amy Coney Barrett (C)
28
What is the role of the chief justice?
-chairs the court -decides which justices will write opinion hearings on a case -administers the oath of office at presidential inaugurations and chairs presidential impeachment trials
29
Why was Anthony Kennedy considered a swing justice?
-made conservative judgements on campaign finance and gun controls -made liberal decisions on abortion, LGBTQ+ rights and affirmative action -wrote the majority for Obergefell v Hodges (2015) which legalised same sex marriage
30
Evidence that the Supreme Court is not totally partisan:
2018-19, less than 50% of the 5-4 decisions had all 5 Conservative justices in majority
31
Who was the swing justice 2019-2020?
-John Roberts -voted with the liberals on abortion, transgender rights and the overruling of Trumps attempt to end the DACA programme in 2020
32
How many women have sat on the court?
5
33
Who was the first woman to sit on the Supreme Court?
Sandra Day O'Connor (1981)
34
How many African Americans have sat on the court?
2- Thurgood Marshall and Clarence Thomas
35
Who is the only hispanic Supreme Court justice?
Sonia Sotomayor
36
What powers does the Supreme Court hold?
-can declare the acts of the executive, federal and state governments to be unconditional -can declare laws to be unconstitutional -judicial review means that all branches of the legislature comply with the constitution
37
Strict Constructionists:
-a judicial approach in which the constitution is followed as closely as possible when making judgements -tend to make more conservative judgments -associated with originalists- believe that the language the constitution should be interpreted the way that the framers intended it to be
38
Examples of strict constructionists:
Gorsuch, Kavanaugh and Barett
39
Loose Constructionists:
-constitution is interpreted more loosely, according to a modern context -typically appointed by Democrat presidents
40
Examples of loose constructionists:
Ruth Bader Ginsburg- favoured the idea of living constitution
41
What is the 1st Amendment?
freedom of religion, speech, press, assembly, and petition
42
Example of the Supreme Court applying the 1st Amendment freedom of religion:
-Burwell v Hobby Lobby (2014) -court struck down party of the Affordable Care Act (2010) which made family run businesses contribute to health insurance that might be used for contraception
43
Example of the Supreme Court applying the 1st Amendment freedom of speech:
-Citizens United v Federal Election Commission (2010) -court controversially ruled that corporations, unions and Association had the same right to free speech as individuals -therefore they could make political donations in the same way
44
What is the 2nd Amendment?
right to bear arms
45
Example of the Supreme Court applying the 2nd Amendment:
-District of Columbia v Heller (2008) -struck down a law banning gun ownership and argued that the amendment does confer an individual right to bear arms
46
What is the 8th amendment?
no cruel or unusual punishment
47
Example of the Supreme Court applying the 8th amendment?
Blaze v Rees (2008) court ruled that lethal injection was not a 'cruel and unusual punishment'
48
Example of judicial review going against a president?
-Boumedeine v Bush (2008) -court ruled that foreign nationals detained as terrorist suspects at Guantanamo Bay by G.W.Bush had the right to challenge their detentions in federal courts
49
How can the Supreme Court be overruled?
through a constitutional amendment
50
When was judicial review established?
-Marbury v Madison (1803) -first time court struck down an act of congress, it established the principle that the court could overrule legislation if it conflicted with the constitution
51
Example of the court ruling on controversial areas of public policy:
-Roe v Wade (1973) ruled that women had a constitutional right to an abortion -Obergefell v Hodges (2015) ruled that it was unconstitutional to prevent same sex marriage
52
Example of the court intervening in the electoral process:
-200 presidential lectionary as so close it depended on which candidate could win Florida's electoral college votes -Bush was ahead of Al Gore by 327 votes out of 6 million -Florida ordered a manual recount in certain countries -this was appealed by Bush -Court ruled 5-4 that a recount was unconstitutional -all conservative justices were in Bush's favour
53
Why has the Supreme Court been called a 'quasi-legislative' body?
-some argue that the court has gone beyond its interpretive role -strict constructionists condemn justices for legislating from the bench -courts interpretation of the law is a form of interpretative amendment
54
What is Stare Decisis:
refers to the convention that justices follow legal precedent where possible
55
Example of a justice using judicial activism:
-Earl Warren was accused of leading an activist court -Brown v Topek (1954) removed the separate but equal clause and ended segregation -the court unanimously decided on this -Warren wanted condense to give the greatest possible weight to the courts ruling
56
Argument that the Supreme Court is too political:
-an unelected body can make importance changes in controversial areas -nomination and confirmation processes are highly politicised -the court has been curiosities for making rather than interesting legislation -judicial activism -court effetely decided the result of a presidential election in Bush v Gore in 200 -court has increased the power of the federal government at the expense of state rights
57
Argument that the Supreme Court is not too political:
-for the constitution to remain relevant the court must apply it to modern area of public policy -some justices do not reflect the stance of the president (David Souter) -justices do not vote consistently (Anthony Kennedy as a 'swing justice') -congress acts as a check on an overly political Supreme Court (it could initiate a constitutional amendment to overthrow the courts decision)
58
overview of Brown v Topeka Board of Education (1954)
-brought to the court by black parents whose children were denied access to the all white school -the NAACP supported the legal challenge -they asked the court to reconsider Plessy v Ferguson (separate but equal clause) -the court ruled unanimously that 'separate but equal' was a violation of the 14th amendment
59
overview of Obergefell v Hodges (2015):
-Obergefell married his husband where same sex marriage was legal -Ohio did not recognise the marriage -went to the Supreme Court -focused on the equal protection clause of the 14th amendment -court ruled 5-4 the majority argued that the right to marry was supported by the equal protection clause
60
overview of Roe v Wade (1973):
-court ruled 7-2 that a woman had an unrestricted right to an abortion in the first trimester -considered the 'due process' clause of the 14th amendment -the court found that this implied a right to privacy
61
overview of Gonzales v Carhart (2007):
-challenges Roe v Wade doctors challenge the partial-birth abortion act 2003 -banned a certain type of abortion in late term pregnancies where the head/upper body of the foetus is extracted from the mother before the foetus dies -court 5-4 upheld the ban -reduced the type of abortion a women can receive
62
Overview of Whole Women's Health v Hellerstedt (2016):
-focused on Targeted Abortion Trap Laws intended to reduce the availability of an abortion and included restrictions on corridor widths of facilities and minimum distances from the nearest hospital -led to clinics closing the court ruled 5-3 the Trap Laws placed an 'undue burden' on women trying to access an abortion

AQA:US Politics (9 decks)

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