Unit 4: The Judicial Branch

Question 1

Define the Supreme Court

Answer 1

The highest federal court in the US that interprets the constitution and is the highest court of appeal

Question 2

Define judicial review (US)

Answer 2

Reviewing laws passed by Congress and actions of the executive, and deciding whether they are constitutional

Question 3

Name 3 roles of the Chief Justice of the Supreme Court

Answer 3

Chairs the court

Administers oath of office

Chairs Presidential Impeachment trials

Question 4

Name the 4 stages of appointing a justice to the Supreme Court

Answer 4

Vacancy, Search, Appointment, Confirmation

Question 5

Name 2 criteria a nomination for a Justice should meet

Answer 5

Experienced: sually come from Court of Appeals, or state courts and Department for Justice
President must be confident nomination will pass through Senate

Question 6

Name 2 things that happen in the Appointment process when appointing a Justice

Answer 6

President interviews 2-3 candidates

FBI does a background check

President makes a formal announcement

Question 7

Name 2 things that happen in the Confirmation process when appointing a Justice

Answer 7

Senate Judiciary Committee (standing committee) review suitability, may lead to withdrawal by President, then refers to Senate for final vote
Simple majority needed - can be filibustered but ‘nuclear option’ makes this harder

Question 8

How many nominees have been rejected / withdrawn during the appointment to the Supreme Court process since 1789?

Answer 8

12 rejected

10 withdrawn

Question 9

Name 2 roles of the Supreme Court, given in the Constitution

Answer 9

Interpret the Constitution

Protect citizens’ rights

Question 10

Define strict constructionism, and what type of justice is more likely to have this view

Answer 10

Constitution should be interpreted as closely as possible; conservative

Question 11

Define loose constructionism, and what type of justice is more likely to have this view

Answer 11

Constitution should be read loosely according to modern context and changed over time (living constitution) ; liberal

Question 12

Define 1 drawback each from strict and loose constructionism

Answer 12

Strict: Can be too rigid

Loose: Consitution may change so much it doesn’t fulfil its original purpose

Question 13

Define 1 positive each from strict and loose constructionism

Answer 13

Strict: protects constitution and people’s rights

Loose: adapts to modern needs

Question 14

Why was Marbury v. Madison (1803) significant?

Answer 14

Created judicial review and separated SC from exec/legislative

Question 15

How is the SC a quasi-legislative body?

Answer 15

Sets precedents for Congress they have to follow when making laws

Question 16

Name 4 ways the SC can be considered a political institution

Answer 16

Elected by a President and confirmed by Senate, often on party lines

Decisions have a quasi-legislative effect

Make decisions on key election issues e.g abortion

Judicial review

Question 17

Name 3 ways the SC cannot be considered a political institution

Answer 17

Judges shift lean e.g Chief Justice Roberts swing votes (June Medical services v. Russo)

Independent - rulings not approved by another branch

Decisions must be based on legal arguments, not opinions - e.g must write up reasoning after case

Question 18

Name 3 ways judicial review can be achieved

Answer 18

Striking down laws that are deemed unconstitutional

Ruling against actions e.g Obama restricting healthcare funding

Checking civil rights and liberties are not being infringed e.g Roe v Wade

Question 19

What is the current composition of the Supreme court? (c:l)

Answer 19

6 conservative : 3 liberal

Question 20

Name 2 cases where the SC has protected the 1st amendment, what was asked, and the ruling

Answer 20

Burwell v. Hobby Lobby (2014) (freedom of religion, can a company prevent contraception being covered in healthcare, yes they can)

McCutcheon v. Federal Election Commission (2014) (freedom of speech, should there be a limit to how much money someone can donate to an election campaign, no there shouldn’t)

Question 21

Name a case where the SC has protected the 2nd Amendment (gun control), what was asked, and the ruling

Answer 21

District of Colombia v. Heller (2017), Is a ban on certain functional guns in homes unconstitutional?, yes it is *as it restricts right to keep and bear arms)

Question 22

Name a case where the SC has protected the 8th Amendment (death penalty), what was asked, and the ruling

Answer 22

Glossip v. Gross (2015), Is the execution of minors ‘cruel and unusual’ and therefore unconstitutional?, yes it is

Question 23

Why is Brown v. Board significant? (3)

Answer 23

Ended legal segregation and further civil rights. Also created public policy when the legislative couldn’t, as Eisenhower didn’t want to upset Southern voters

Question 24

Why was Obergefell v. Hodges (2015) significant? (2)

Answer 24

Realised views had changed on same-sex marriage, so laws must change to reflect this (14th amendment ‘no state shall deprive any person of life, liberty’). Many judges took a loose constitutional view.

Change to US law was made by an unelected body

Question 25

Name 3 ways the SC is effective at shaping public policy

Answer 25

Rulings have same effect as passing law e.g Obergefell v. Hodges

Can rule on key political debates e.g Brown v. Board

Legislature must follow SC decisions e.g Roe v. Wade, June medical services v. Russo (2020]

Question 26

Name 3 ways the SC is not effective at shaping public policy

Answer 26

Has to wait for cases to come to it - must pass through district and circuit courts

Rulings can be overturned by an amendment

Meaning of rulings can change e.g ‘chipping away’ of Roe v. Wade

Question 27

Name 4 ways the SC checks powers of the other branches

Answer 27

Strikes down federal/state laws

Rule against actions of state/federal government

Checks Presidential power

Prevents civil rights and liberties being infringed by other branches

Question 28

Name a case where Roe v. Wade has been ‘chipped away’, the question, and the decision

Answer 28

Gonzalez v. Carhart 2007, does the Partial-Birth Abortion Ban Act of 2003 violate the Fifth Amendment (nor be deprived of… liberty) as it lacks an exception for abortions for health reasons, No it doesn’t