The U.S Supreme Court

Question 1

The U.S Supreme Court

Answer 1

The highest judicial power in the U.S seen as guardians of the constitution and civil rights.

Question 2

Judicial activism

Answer 2

The approach to the judicial system and constitution which favours looking at the broader societal implications as well as the constitution.

• More left wing approach
• Feels more passionately about change

Examples would be the Warren court
Specific judge would be Ruth Barter Ginsburg

Question 3

Judicial restraint

Answer 3

A philosophy where judges only consider the wording and interpretation of the constitution, and that they should limit the exercise their own power. They should not strike down laws unless they are obviously unconstitutional.

• more right wing approach
• Does not consider the societal implications as much as a judicial activist, instead holds the constitution to account

Example would be the Roberts court
Specific judge would be Clarence Thomas

Question 4

Judicial review

Answer 4

The act of Supreme Court judges reviewing the constitution to deem if laws, executive action and public cases are deemed as unconstitutional, or a violation of rights.

Brown vs Board of education ruling segregation of schools as unlawful (1954)

Question 5

Strict constructionism

Answer 5

The idea that the constitution should be interpreted as narrowly and as literally as possible

Question 6

Loose constructionism

Answer 6

The idea that the constitution is more open to interpretation and wording in order to facilitate change

Question 7

4 stage appointment process to The Supreme Court

Answer 7

A vacancy opens via death or retirement -> A candidate is selected -> FBI Background checks and approval -> senate majority vote

Question 8

Current Supreme Court composition (2021) and example

Answer 8

6-3 conservative majority with the last appointment being Amy Coney Barret

Question 9

The constitutional role of The Supreme Court

Answer 9

• Guardians of the constitution and constitutional interpretation, deeming actions and legislation as unconstitutional
• Protect citizens civil rights

Question 10

How is judicial review significant + example

Answer 10

Can define historic actions and progressions in society, which could be used as benchmarks for future supreme courts for centuries to come.

Brown vs board of education 1954

Question 11

Political significance of the Supreme Court and an example

Answer 11

The politicisation of the court process because presidents are likely to appoint judges which have the same ideological views as them

E.g. Amy coney barret appointed by Trump (2020)
Sotomayor appointed by Obama

Question 12

Landmark rulings related debates

Answer 12

The warren court 1954 - 1969: Most progressive and liberal views in American history

Brown vs Board of education (1954) - Ruled that the segregation of schools is unconstitutional, 14th Amendment violation

9-0 majority

Burger court 1969-1986: Also liberal and progressive

Roe vs wade (1973) - Ruled that it was a human right for women to have an abortion, 14th Amendment violation

7-2 rulings

Question 13

Judiciary significance and an example

Answer 13

Specific rulings and reviews are likely to shape policies and actions from the legislative and the executive, the other branches, which means that they shape the future of American politics.

Roe vs Wade (1974.) case meant that abortion became a legal right for women