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US Politics > The USA Supreme Court > Flashcards

The USA Supreme Court Flashcards

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1
Q

What did the Judiciary Act 1789 establish?

A

The system of Lower courts by Congress

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2
Q

How many court of Appeals are there?

A

12

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3
Q

How many District Courts are there?

A

91

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4
Q

How many members of the Supreme Court are there?

A

9 = 1 Chief Justice & 8 Associate Justices

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5
Q

How can a Supreme Court Judge be impeached?

A

House votes to impeach by majority, Senate then ‘tries’ the Judge who if found guilty by 2/3 is impeached.

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6
Q

Who is the 17th Chief Justice & since when?

A

2005 - John Roberts

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7
Q

What is a Strict Constructionist

A

Conservative, strict interpretation of constitution influences decisions. Republican.

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8
Q

What is a Loose Constructionist

A

Liberal, interpret the constitution loosely and as a ‘living document’- more dynamic, Democratic Presidents.

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9
Q

Example of a Loose Constructionist?

A

Elena Kagen (Obama)

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10
Q

Example of a Strict Constructionist?

A

John Roberts (W. Bush)

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11
Q

4 step Appointment Process?

A

Vacancy, Search & Recruitment, Announcement, Confirmation

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12
Q

How often does a Vacancy occur?

A

1 every 2 years, Obama placed just 2 over his 8 year time in office.

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13
Q

What are two most likely pools or recruitment?

A

Federal Court of Appeals - Reagen selected Sandra O’Conner from Arizona Court in 1981

Department of Justices - Obama selected Solicitor Elena Kagen in 2010.

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14
Q

What happens before Nominee is announced?

A

FBI checks & Interview with the President

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15
Q

What does the ABA Standing Committee on the Federal Judiciary do?

A

Rates the nominee as either ‘well qualified/qualified/not qualified’

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16
Q

What does the Senate Judiciary Committee do during the confirmation process

A

holds earrings with witnesses/critics/supported of nominee and votes on them.

17
Q

What was controversial about nominee Clarence Thomas?

A

confirmed in 1991 following sexual allegations and a 50/50 vote split with the Senate Judiciary Committee

18
Q

How many women sit on the Supreme Court?

A

3/9

19
Q

Issues with the Appointment & Confirmation process?

A

President - choose one reflecting their opinions

Senate - focuses on ideology rather than competence

Media - hypes up irrelevant matters

20
Q

Issues with the Senate Judiciary Committee

A

Party in controls members likely to ask ‘soft’ questions, opposition ask ‘hard’ questions to attack and embrace nominee

21
Q

Why are Nominations so important? (5)

A

opportunities are infrequent, appointments are for life, only 9 members, judicial review, affects lives of American Citizens

22
Q

How long did Anthony Kennedy serve for after his appointer left office?

A

30 years after Reagan left office

23
Q

What is Judicial Activism?

A

Judges have an active role & are happy to strike down actions by other branches.

24
Q

What is Judicial Restraint?

A

Reluctant to strike down actions, Judges refer to pre-establishes court decisions.

25
Q

What is Judicial Review?

A

Power to declare acts of the other branches as ‘unconstitutional’ & in return can update the constitution.

Marbury v. Madison 1803 - established Judicial Review & define boundaries between executive & Judicial branches (separation of powers)

26
Q

Why is Judicial Activism good?

A

can stop Congress & Executive from acting unconstitutionally

27
Q

Why is Judicial Restraint good?

A

Judges are unelected & lack accountability so its right they defer to other branches.

28
Q

Example of Supreme Court upholding the 1st Amendment in Bill of Rights?

A

Freedom of Religion, Speech & the Press

Freedom of Religion
Obama care violated this by offering free contreception

Freedom of Speech
Citizens United vs. Federal Electoral Commission (2010) unconstitutional to limit corporate campaign contributions.

Texas v. Johnston (1989) Johnson burning the American flag was a symbol of free speech and his conviction was lifted.

29
Q

Roe vs. Wade

A

1973: Public Policy

7-2 decision, ‘Right to Privacy’ under 14th amendment extended to a woman right to an abortion.

30
Q

US vs. Nixon

A

1974

Prohibited President from using executive powers to withhold evidence.

31
Q

Example of Supreme Court upholding the 2nd Amendment in Bill of Rights?

A

Right to bear Arms

District of Columbia vs. Heller (2008) individuals right to possess a firearm.

32
Q

Obergfell vs. Hodges

A

2015:

5-4 ruling that same sex couples had right to marry in all 50 states due to 14th amendment.

US Politics (10 decks)

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