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A Level US Politics > US Supreme court > Flashcards

US Supreme court Flashcards

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1
Q

How many justices are their in the SC?

A

9 One chief justice and eight associate justices

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2
Q

Who nominates supreme court justices?

A

By the president but need to be confirmed by a simple majority vote of the senate

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3
Q

How long are justices appointed for?

A

Life, usually leave voluntarily, resignation or on dying

If necessary they can be impeached, and if found guilty removed the office

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4
Q

Who’s the chief Justice?

A

John Roberts Appointed by George Bush in 2005

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5
Q

Is the supreme court in the US more established than the UK Supreme Court?

A

Yes, as UK was only founded in 2009

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6
Q

What are the 2 main strands of judicial philosophy?

A

Strict constructionists/originalists

Loose constructionists/living constitution

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7
Q

Originalism tends to:

A
  • interpret the constitution in a strict, literal fashion
  • favour state government rights over federal government power
  • lead to an outcome that is often seen as being ‘conservative’
  • Try to interpret the constitution in line with its or final meaning and intent
  • Be appointed by republican presidents
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8
Q

Loose constructionists tend to:

A
  • interpret the constitution in a loose fashion
  • favour federal government power over state government rights
  • read elements into the document that they think the framers would have approved of
  • see the constitution as a living, dynamic document, which should be adapted to take account of the views of contemporary society
  • Seen as liberal justices
  • appointed by democratic presidents
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9
Q

A loose constructionist appointed by a liberal justice?

A

Sonia sotomayor

Obama

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10
Q

A strict constructionist appointed by a republican president?

A

Brett Kavanaugh Trump

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11
Q

What’s a swing justice? and example

A

a justice that’s quite liberal

Justice Anthony Kennedy

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12
Q

Define strict constructionist

A

A supreme court justice who interprets the constitution, strictly or literally and tends to stress the retention of power by individual states

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13
Q

Define originalism

A

Where a supreme court justice interprets the constitution in line with the meaning or intent of the framers at the time of enactment

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14
Q

Define loose constructionists

A

A supreme court justice who interprets the constitution less literally and tends to stress the broad grants of power to the federal government

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15
Q

Define living constitution

A

The constitution considered as a dynamic, living document, interpretation of which should take account of the views of contemporary society

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16
Q

Define liberal justice

A

A SC justice who is usually a loose constructionist and generally interprets the constitution in ways that give people more freedom

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17
Q

Define swing justice

A

The pivotal justice in an otherwise evenly balanced court, who will often be in a position of casting the deciding vote

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18
Q

What’s the appointment process?

A
  1. A vacancy occurs
  2. The president instigates a search for possible nominees and interviews shortlisted candidates
  3. The president announces their nominee
  4. The Senate judiciary committee holds confirmation hearings on the nominee and makes a recommendatory
  5. The nomination is debated and voted on in the full senate. A simple majority vote is required for confirmation
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19
Q

What are the factors that affect a presidents choice of nominee?

A
  • Shares a similar judicial philosophy to the president
  • Is quite young, meaning they are likely to remain on the court for longer
  • is likely to be acceptable to a majority of the senate (especially important if the presidents party is in the minority)
  • has an uncontroversial background - from both a judicial and personal point of view
  • if going to be highly rated professionally
  • has relevant experience
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20
Q

How has the confirmation process changed over recent years?

A

supreme court nominees used to be approved mostly by overwhelmingly bipartisan votes

Nowadays although rejections are still rare, confirmation votes are much more likely to be along party lines

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21
Q

Criticisms of the appointment process? Political nominations

A

Presidents have tended to politicise the nominations by attempting to choose justices who share their political views and judicial philosophy

EXAMPLE obama with Kagan

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22
Q

Criticisms of the appointment process? Senate political

A

The senate has tended to politicise the confirmation process by focussing more on hot button issues eg womens rigjts than on qualifications

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23
Q

What are some criticisms of the appointment process?

Senate judiciary committee

A

Members of the senate judiciary committee from the presidents party tend to ask soft questions of the nominee

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24
Q

Criticisms of the appointment process? Opposition senate judiciary committee

A

Members of the senate judiciary committee, from the opposition party attempt, through their questions, to attack or embarrass the nominee rather to elicit relevant information

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25
Q

Criticisms of the amendment process?

Party Lines and media

A

Justices are now frequently confirmed on party line voted
Eg Kavanaugh
The media conduct a feeding frenzy often connected with matters of trivia

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26
Q

Why are judicial appointments often regarded as the most important nominations?

A
  • they occur infrequently
  • they are for life
  • just one new appointee to a 9 member body can significantly change its philosophical balance
  • the SC had the power of judicial review
  • their decisions will profoundly affect the lives of ordinary Americans for generations to come
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27
Q

Is the power of judicial review mentioned in the constitution?

A

No

It was ‘found’ by the court in Marbury V Madison 1803 regarding a federal law

28
Q

Why does the court have political importance?

A

Because it rules on key political issues such as the rights of racial minorities, capital punishment, gun control and freedom of speech

29
Q

What does the court into because of its political influence?

A

A quasi- legislative body
because the effects of its decisions have almost the effect of a law having been passed by congress

Turns the court into a third house of the legislature, a political institution

30
Q

Define judicial review

A

The power of the SC to declare acts of congress, actions of the executive, or Acts or actions of state governments unconstitutional

31
Q

Define judicial activism

A

An approach to judicial decision making that holds that judged should use their position to promote desirable social ends, even if that means overturning the decisions of elected officials

32
Q

What’s an activist court?

A

one that sees itself. as leading the way in the reform of US society

33
Q

Judicial activism strives for what?

A

Acting as a safeguard of civil rights and liberties

34
Q

In some cases how can judicial activism be seen?

A

As legislating from the bench by an imperial judiciary

35
Q

Define judicial restraint

A

an approach to judicial decision making that holds that judges should defer to the legislative and executive branches, and to precedent established in previous court decisions

36
Q

Define imperial judiciary

A

A term used by critics to describe an activist judiciary that allegedly exceeds its constitutional powers and attempts to overrule federal or state law rather than interpret the law.
The term is used to criticise unelected judges having too much power

37
Q

Roe V Wade

A

Guaranteed a woman’s right to choose abortion

38
Q

District Of Columbia V Heller

A

guaranteed individual gun ownership rights

39
Q

Obergefell V Hodges

A

Guaranteed same sex marriages

40
Q

What’s a restrained court?

A

Is one that is more inclined to accept the actions and decisions of elected officials

41
Q

How do restrained courts see congress and president?

A

as the shapers of US society not themselves

42
Q

Zelman V Simmons - Harris

A

the court upheld an ohio state programme giving financial aid to parents, allowing them, if they so choose, to seek their children to a religious or private school

Significance - acknowledged that state government money could be used to pay for children attending religious private schools

43
Q

Town of Greece V Galloway 2014

A

The court allowed legislative bodies to begin meetings with prayer

Significance - strengthened individuals rights to practise their religion in public even in state constituted and state funded bodies

44
Q

Burwell V Hobby Lobby stores inc

A

Significance strengthened individual rights of christian business executives to run their companies along lines that agreed with their religious beliefs

45
Q

Mcconnell V Federal Election commission

A

Significance - limiting campaign finance is not incompatible with the freedom of speech provision of the constitution

46
Q

Citizens United V FEC

A

Significance - opened the door to unlimited spending by cooperations in election campaigns, mostly funnelled through political action committees

47
Q

McCutcheon V FEC

A

Significance- reaffirmed giving of money to candidates and PACs as a fundamental right

48
Q

District of Columbia V Heller

A

Guaranteed individual gun ownership rights

49
Q

Mcdonald V City Of Chicago

A

Extended the rights announced in Heller to state and local governments

Never before had the courts ruled this interpretation of the 2nd amendment

50
Q

Roper V Simmons

A

The court was clearly seen as telling us what 18th century words mean in the 21st century USA

51
Q

what’s a conservative justice?

A

Justices with a narrow view of the constitution, a term usually used to refer to strict constructionists who try to interpret the constitution in a literal way rather than loose manner

52
Q

Is the SC a political institution?

Yes appointment

A

Members are appointed by a politician , the president

Appointments are confirmed by politicians, the senate

53
Q

Is the SC a political institution?

Yes decisions on issues that feature in elections

A

For example gun laws, abortion, marriage equality over which the 2 main parties disagree on

54
Q

Is the SC a political institution?

Yes quasi legislative effect

A

Some of its decisions have a quasi legislative effect, it is as if a new law has been passed, and passing laws is what politicians do

Some have described the court as a third house of legislature

55
Q

Is the SC a political institution?

No judges

A

They’re judges not politicians

the court is independent, not subject to political pressure

56
Q

Is the SC a political institution?

No party politics

A

Judges do not involve themselves in party politics, elections, campaigning or endorsing candidates

57
Q

Is the SC a political institution?

No politically neutral

A

No such thing as a democratic or republican justice, members make decisions based on legal and constitutional argument, not political ideology

58
Q

The SC and federal government power

Trump V Vance 2020

A

The court shows it’s power to say what congress and the president can and cannot do according to its interpretation of their respective constitutional powers

59
Q

Checks on the power of the SC

Checks by congress

A
  • senate has the power to confirm or reject appointments
  • congress had the power of impeachment
  • Congress can initiate constitutional amendments that would have the effect of overturning the courts decision
60
Q

Checks on the SC by the president

A
  • can nominate justices

- president can decide whether to throw their political weight behind a decision of the court

61
Q

Other checks on the SC

A
  • no power of initiation
  • no enforcement powers
  • public opinion
62
Q

Does the SC have too much power?

Yes judicial review

A

The court gave itself the power of judicial review
It has declared more acts of congress unconstitutional as the decades have passed
It has made decisions that are out of line with the majority of public opinion
It is an unelected body
Largely unaccountable body

63
Q

Does the SC have too much power?

Yes abuse of power

A

Some critics would say it has abused its power to bring about significant policy change eg abortion
It could be seen in this way when justices believe in a living constitution

64
Q

Does the SC have too much power?

No

A

It’s checked by congress, which may initiate constitutional amendments, effectively overriding court decisions
Congress has the power of impeachment
It has no initiative power: it must wait for cases to come before it
It is dependant upon the rule of the law and other branched of government to enforce its decisions

65
Q

Does the SC have too much power?

No public opinion

A

Is a restraining force on the courts power

It is checked by the words of the constitution where they are not precise and not open to interpretation by the court

A Level US Politics (8 decks)

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