Unit 4: The Judicial Branch Flashcards
Define the Supreme Court
The highest federal court in the US that interprets the constitution and is the highest court of appeal
Define judicial review (US)
Reviewing laws passed by Congress and actions of the executive, and deciding whether they are constitutional
Name 3 roles of the Chief Justice of the Supreme Court
Chairs the court
Administers oath of office
Chairs Presidential Impeachment trials
Name the 4 stages of appointing a justice to the Supreme Court
Vacancy, Search, Appointment, Confirmation
Name 2 criteria a nomination for a Justice should meet
Experienced: sually come from Court of Appeals, or state courts and Department for Justice
President must be confident nomination will pass through Senate
Name 2 things that happen in the Appointment process when appointing a Justice
President interviews 2-3 candidates
FBI does a background check
President makes a formal announcement
Name 2 things that happen in the Confirmation process when appointing a Justice
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
How many nominees have been rejected / withdrawn during the appointment to the Supreme Court process since 1789?
12 rejected
10 withdrawn
Name 2 roles of the Supreme Court, given in the Constitution
Interpret the Constitution
Protect citizens’ rights
Define strict constructionism, and what type of justice is more likely to have this view
Constitution should be interpreted as closely as possible; conservative
Define loose constructionism, and what type of justice is more likely to have this view
Constitution should be read loosely according to modern context and changed over time (living constitution) ; liberal
Define 1 drawback each from strict and loose constructionism
Strict: Can be too rigid
Loose: Consitution may change so much it doesn’t fulfil its original purpose
Define 1 positive each from strict and loose constructionism
Strict: protects constitution and people’s rights
Loose: adapts to modern needs
Why was Marbury v. Madison (1803) significant?
Created judicial review and separated SC from exec/legislative
How is the SC a quasi-legislative body?
Sets precedents for Congress they have to follow when making laws
Name 4 ways the SC can be considered a political institution
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
Name 3 ways the SC cannot be considered a political institution
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
Name 3 ways judicial review can be achieved
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
What is the current composition of the Supreme court? (c:l)
6 conservative : 3 liberal
Name 2 cases where the SC has protected the 1st amendment, what was asked, and the ruling
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)
Name a case where the SC has protected the 2nd Amendment (gun control), what was asked, and the ruling
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)
Name a case where the SC has protected the 8th Amendment (death penalty), what was asked, and the ruling
Glossip v. Gross (2015), Is the execution of minors ‘cruel and unusual’ and therefore unconstitutional?, yes it is
Why is Brown v. Board significant? (3)
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
Why was Obergefell v. Hodges (2015) significant? (2)
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
