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A Level Revision stuffs > US Supreme Court > Flashcards

US Supreme Court Flashcards

1
Q

Role of the SCOTUS

A

to uphold + interpret the constitution

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2
Q

What does the constitution state on the SCOTUS dealing with constitutional issues?

A

‘they will rule on them when they happen and are brought to them, but CANNOT initiate them

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3
Q

Appellate jurisdiction

A

SCOTUS is the ultimate court of appeal

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4
Q

Original jurisdiction

A

it is possible for SCOTUS to be the first place a case is heard

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5
Q

What are inferior courts + how many are there?

A

they are courts created by acts of congress that are lower status + there are 13 circuit courts and 94 district courts

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6
Q

How is the SCOTUS independent?

A
  • judicial branch is separate from the executive and legislative branch
  • the appointment process stops the presi acting alone + ensures safeguards
  • life tenure appointment
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7
Q

Process of judicial review

A

case is heard like a normal trial and voted upon -> once voted upon, a written opinion of majority and minority are published (can set important precedent)

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8
Q

Stages of the appointment process

A

vacancy -> nomination -> aba rating -> sjc hearings and vote -> full senate vote

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9
Q

Features of conservative judges

A
  • tend to favour authority over civil rights
  • favour capital punishment and key conservative rights e.g. right to bear arms (2nd A) + pro life
  • often favour state rights over federal power
  • take a strict constructionist view on the constitution (literal meaning)
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10
Q

Features of liberal judges

A
  • tend to favour civil rights (in particular in relation to race/sexual orientation + women right to choose)
  • tend to support criminal justice reform
  • oppose 2nd A + capital punishment
  • often favour federal power over state power
  • take a loose constructionist view on the constitution
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11
Q

Strengths of appointment process

A
  • excellent nominees currently on the bench received strong cross-party support in the Senate e.g. Chief Justice Roberts (78-22)
  • involvement of ABA allows an impartial assessment of a nominee
  • both the executive branch and the legislative branch have an input into the process, a good example of constitutional checks and balances
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12
Q

Weaknesses of appointment process

A
  • once confirmed, justices have no accountability and can remain on the Court for life.​
  • two nominees who did not merit the ABA’s top rating (Thomas and Alito) have been confirmed since 1991. ​
  • reliance on the Senate Judicial Committee to run the confirmation process led to the Republican-controlled Senate’s irresponsible refusal to schedule a hearing for Merrick Garland in 2016, leaving a seat vacant for over a year.​
  • increasing politicization of the confirmation process since 2005 means that the recent nominees have been judged more on their political and judicial outlook than on their experience and personal qualifications. ​
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13
Q

Factors affecting appointment process?

A
  • ability: are they qualified?
  • demographics
  • ideology
  • political: is senate hostile or friendly?
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14
Q

Current composition of SCOTUS

A

6-3 split in favour of conservatives

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15
Q

Significant judgements: DC vs Heller 2008

A
  • 2nd A, overturned a DC ban on handguns + shotguns and rifles to be disassembled
  • all of which was deemed unconstitutional
  • 5-4 judgement
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16
Q

Significant judgements: Citizens United v FEC 2010

A
  • 1st A, reversed regulation of money spent in elections by declaring parts of the Bipartisan Campaign Reform Act 2002 as unconstitutional
  • stemmed from Citizens United wanting to air an anti-Clinton advert before the 2008 primaries
  • 5-4 judgement
17
Q

Significant judgements: Riley v California 2014

A
  • 4th A, protected people from unwarranted searches of their phones by police
  • 9-0 judgement
  • good eg to illustrate the application of the constitution to the modern world
18
Q

Significant judgements: Obergefell v Hodges 2015

A
  • constitutional guarantee of right for gay marriage
  • forced many states to change their policy (only legal in 36 states before)
  • 5-4 judgement
  • Chief Justice Roberts argued that the court exceeded its powers and it should’ve been left to congress
19
Q

Judicial activism

A

philosophy that justices should use their position to promote desirable social outcomes from their rulings.

20
Q

Examples of judicial activism

A
  • warren court fundamentally changed the position of civil rights in the usa with rulings such as Brown v BoE + Miranda v AZ
  • Roe v Wade 1973
21
Q

Judicial restraint

A

when judges defer to the elected branches (exec + legislature) and put great emphasis into the precedents set by previous court’s judgements

22
Q

Stare decisis

A

‘let the decision stand’ - legal principle that judges should respect precedents

23
Q

How has Chief Justice Roberts showed strong judicial restraint

A
  • he upheld the Whole Womens Health v Hellerstedt decision as precedent in a case involving Louisiana in 2020 even though he dissented against the initial judgement
  • he also attacked majority verdicts in Obergefell v Hodges + Bostock v CC which he saw as judicial activism
  • thirdly, he showed restraint in his refusal to overturn the ACA (even though conservatives gave him shit for doing so)
24
Q

Civil liberties

A

basic rights and freedoms often ensured in democracies through law eg freedom of speech, movement, assembly etc

25
Q

Civil rights

A

guarantees of equal social opportunities and equal protection under the law regardless of age, race etc

26
Q

1st A

A
  • freedom of speech
  • many SCOTUS hearings on this such as Citizens United vs FEC 2010 (reversing regulation of money spent on elections)
  • also freedom of religion
  • seen through Engel v Vitale which prohibits govt written prayers in public schools
27
Q

2nd A

A
  • right to bear arms
  • DC v Heller 2008 - overturned a DC ban on handguns in the home and requirement that shotguns and rifles had to be kept unloaded and disassembled
28
Q

4th A

A
  • freedom from unreasonable searches and seizures
  • warrants needed to search private property + police require ‘probable cause’
  • extended to mobile phones through Riley vs Cali 2014
29
Q

5th A

A
  • upholds due process + right to remain silent

- most important case was Miranda v AZ 1966 (reading of rights on arrest)

30
Q

10th A

A
  • reserved rights of states
  • this A protects federalism + restricts the power of federal govt
  • ‘any power not explicitly given to federal govt falls to state govts’
  • can conflict with Art1Sec8 (the elastic clause) allowing congress ‘to make all laws which shall be necessary and proper for caring into execution of foregoing powers’
31
Q

Affirmative action

A
  • institutions attempt to redress historical imbalances eg if there is underrepresentation of ethnic minorities
  • e.g. Fisher v UT
32
Q

Political nature of the SCOTUS

A
  • nomination + confirmation are highly political eg the appointment of ACB and blocking of Garlands appointment
  • makes key decisions on key issues of public policy e.g gun rights, abortion, LGBT rights and immigration
  • judicial review means that decisions are ‘quasi-legislative’ - making the court like a 3rd legislative house as justices ‘legislate from the bench’ (heavy tension over this in Roberts court
33
Q

Judicial nature of the SCOTUS

A
  • justices are judges NOT politicians, their credentials are based on experience not political view (avoided since Borks nom in 1987)
  • the court is independent of the other branches + protected by constitutional measures such as life-tenure which frees judges from political pressures
  • judges make their decisions based on legal arguments
34
Q

Judgement points for political vs judicial

A
  • the appointment process: all 3 branches + media involvement has led to over-politicisation
  • judicial activism: is it a step too far? has there been a lot recently?
  • whether splits such as conservative+liberal, living const+OG are seen as political division or judicial interpretation
35
Q

Arguments for living constitution

A
  • framers deliberately made the const vague to allow future usage
  • framers envisioned a living const that the SCOTUS would apply in an ever-changing context
  • stops the const from becoming outdated and irrelevant
  • many issues the framers would not have considered eg gay marriage that require the const to decide on
  • judging the actual views + intentions of the framers is equally as subjective as any method in making a decision on how to apply the const in a modern context
36
Q

Arguments for originalist (OG)

A
  • the court should not be able to impose its own values on the const
  • on issues not covered in the const, decisions should be made by the elected branches of govt (argument raised by Roberts in his dissent against Obergefell v Hodges 2015)
37
Q

The extent of SCOTUS powers

A
  • sovereignty lies with the const + the SCOTUS interprets the const (which is vague on many issues)
  • can overturn the actions of the executive or acts of congress by deeming them ‘unconstitutional’
  • using judicial activism, the court can essentially ‘legislate from the bench’
  • the independence of the courts protected by the const - life tenure, protected salaries etc
38
Q

The extent of checks and balances on SCOTUS powers

A
  • the court is restricted to the powers given to it by the constitution and the WORDING of the constitution
  • can only deal with constitutional issues brought to them (cannot themselves initiate cases)
  • the appointment + amendment process give 2 means to congress to check the power of the SCOTUS
  • if justices believe in judicial restraint, then they will defer to elected branches and to precedent, reducing their own powers

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