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US Supreme Court Flashcards

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1
Q

which article in the constitution sets out the powers of the Supreme Court?

A

Article iii means that members of the court can only be removed through impeachment

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2
Q

what are the influences which led to independent judiciary?

A

founding fathers influenced by ideas of Montesquieu and the separation of powers and to prevent tyranny

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3
Q

how many judges sit on the court? what does it say in the constitution about the make up of the court?

A

9 judges sit on the court, however congress has the power to alter make up of the courts but has not done this

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4
Q

what was the significance of Marbury v Madison (1803)?

A

where the Supreme Court is said to have found the power of judicial review, this was the first time the court declared an Act of congress unconstitutional

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5
Q

what was the significance of Fletcher v Peck (1810)?

A

Supreme Court first declared state law unconstitutional

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6
Q

what can the court do using its power of judicial review?

A

the court can interpret the meaning of the constitution and effectively update the meaning of the words

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7
Q

what is an example of court interpreting the constitution?

A

court decides the 8th amendment forbidding ‘cruel and unusual punishments’ and 1st amendment, what freedom of speech applies to

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8
Q

what is an example of the court being involved in political issues?

A

Bush v Gore (2000) court ruled manual recount scheme was unconstitutional, effectively handing the election to Bush
Trump v Hawaii 2018: court ruled trumps executive order of Muslim travel ban was constitutional

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9
Q

what is the ideological balance of the Supreme Court as of May 2022?

A

6 conservative (John Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett kavanaugh, Amy coney barett) 3 liberal judges (Stephen brayer, Sonia sotomayor, Elena kagan)

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10
Q

which appointments shifted the balance of the court?

A

the appointments of Brett kavanaugh, Amy coney barett and Neil Gorsuch. shifted the balance of the court to heavily conservative

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11
Q

what is a strict constructionist?

A

a court justice who interprets the constitution strictly or literally and tends to stress the retention of power by individual states, sometimes referred to as originalists

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12
Q

what is a loose constructionist?

A

a court justice who interprets the constitution less literally more liberal outlook, tends to stress braids grants if power to federal government

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13
Q

what is a living constitution? which justices support this?

A

the constitution is considered dynamic, a living document which should take in the views of modern society
justices who support this include Stephen Breyer, Elena kagan

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14
Q

what is judicial activism?

A

a term used about Liberal judges who view constitution as living document, should use position to promote desirable social ends

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15
Q

what are examples of liberal judicial activism?

A
  • Brown v Board (1954)
  • Roe v Wade (1973)
  • Obergefell v Hodges (2015)
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16
Q

what are examples of conservative judicial activism?

A
  • Bush v Gore (2000)
  • Citizens United v FEC (2010)
  • DC v Heller (2008)
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17
Q

what does it mean by imperial judiciary?

A

the view that the court has become too powerful through powers of judicial review and its impact on public policy, it acts quasi legislative

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18
Q

what is judicial restraint?

A

where the court is more inclined to accept the views and actions of elected officials. it will also tend to defer or uphold to previous decisions. often defer to legislative branch as they are elected

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19
Q

what does stare decisis mean?

A

judges should look to past precedents as guide wherever possible, letting the decision stand

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20
Q

what are examples of judicial restraint?

A
  • Whole Womans Health v Hellerstedt (2016), upheld roe v wade decision
  • Bucklew v Precythe 2019, defended execution that it isn’t cruel and unusual punishment
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21
Q

what are the criticisms of judicial restraint?

A
  • it focuses too narrowly on what was written in original text over 200 years ago.
  • the original meaning is often unclear e.g right to bear arms applying to militia or wider context
  • many supporter of restraint often find new rights which suit their political outlook e.g political donations and business rights
  • adopting very entrenched view can lead to popular tyranny, the courts need to defend rights.
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22
Q

what are the criticisms of judicial activism?

A
  • makes judges unelected and unaccountable law makers, lead to tyranny
  • it just reflects the justices own personal views or what they think the constitution should be like
  • activism considers extending rights to areas the founding fathers didn’t consider such as abortion and LGBT, this should be left to elected representatives
  • activism viewed by some as Trojan horse of Liberalism , with progressive reforms that others would not have been enacted
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23
Q

what happened in National Federation of independent business v sebelius 2012? what is the significance?

A

ruled that the affordable care act was constitutionally acceptable as individual insurance
demonstrated court at heart of political debate and if overturned ruling would have huge repercussions

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24
Q

what happened in Trump v Hawaii 2018? what was then impact?

A

ruled that the muslim travel ban was constitutional.

seen as act of judicial restraint

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25
Q

what happened in Whole Womans Health v Hellerstedt 2016? what is the impact?

A

struck down Texas law that restricted abortion, upholding historic judgement of Roe v Wade, upholding precedent

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26
Q

what happened in United States v Texas 2016?

A

ruled that Obama didn’t have the power and was unconstitutional in executive order for DAPA to allow some immigrants citizenship

27
Q

what happened in citizens united v FEC 2010? what was impact?

A

ruled that bipartisan campaign reform act restricted 1st amendment rights and allowed same donation rights to corporations as citizens have, allowed formation of Super PACs and PACs

28
Q

what happened in Obergefell v Hodges 2015? what was its impact?

A

ruled that ban on same sex marriage unconstitutional against the 14th amendment.
clear example of power of judicial review and court as quasi legislative body

29
Q

what happened in carpenter v united states 2018?

A

court ruled that acquiring cell phone data was against 4th amendment and search requires a warrant

30
Q

what happened in planned parenthood of Arkansas v Jegley 2018?

A

this was an appeal to the challenge of strict regulation of medically regulated abortion. the court chose not to hear the case and did not give reason.

31
Q

what examples are there of Supreme Court upholding existing policy?

A
  • national federation of independent business v Sebelius 2012
  • Trump v Hawaii 2018
  • Whole woman’s health v Hellerstedt
32
Q

what examples are there of supreme court removing policy?

A
  • United States v Texas 2016
  • citizens united v FEC 2010
  • McCutcheon v FEC 2014
33
Q

what are examples of Supreme Court establishing new policy?

A
  • Obergefell v Hodges 2015

* carpenter v United States 2018

34
Q

what is an example of supreme court inaction?

A

planned parenthood of Arkansas v Jegley 2018

35
Q

where are the most prominent civil and personal rights found in the constitution?

A

in the Bill of Rights, the first 10 amendments

36
Q

what are examples of cases dealing with the first amendment? (freedom of religion)

A

Zelman v Simmons- harris (2002)
Town of Greece v Galloway (2014)
Burwell v hobby lobby stores (2014)

37
Q

what are examples of cases dealing with the first amendment? (free speech)

A

citizens united v FEC (2010)
snyder v phelps (2011)
mcCutcheon v FEC (2014)

38
Q

what are examples of cases dealing with the second amendment?

A

Columbia v Heller (2008)
Mcdonald v Chicago (2010)
Caetano v Massachusetts (2016)

39
Q

what are examples of cases dealing with the fourth amendment?

A

carpenter v United States (2018)

40
Q

what are examples of cases dealing with the fifth amendment?

A

Miranda v Arizona (1966)

Salinas v Texas (2013)

41
Q

what are examples of cases dealing with the eighth amendment?

A

Roper v Simmons (2005)

Bucklew v precythe (2019)

42
Q

what is affirmative action?

A

a programme giving members of a previously disadvantaged minority group a head start in education or employment

43
Q

what happened in Gratz v Bollinger 2003?

A

court ruled university of Michigan affirmative action was unconstitutional as all minorities were given 20 point head start

44
Q

what happened in Grutter v Bollinger 2003?

A

court ruled that university law schools admissions programme was constitutional because it took more individualised approach to profile

45
Q

what did the court suggest about affirmative action?

A

suggested that affirmative action is not permanent and will no longer be necessary, which they suggest was within the next 25 years

46
Q

what happened in the case Parents Involved v Seattle school district and Meredith v Jefferson county board of education?

A

declared that it was unconstitutional to assign students to public schools to solely for purpose of achieving racial balance

47
Q

what happened in the case Fisher v university of Texas?

A

court ruled that university use of race in admission miust be subject to more scrutiny as it involved possible discrimination

48
Q

what happened in Fisher ii (2016)?

A

the court upheld the university affirmative action programme

49
Q

what do conservatives believe on affirmative action?

A

tend to favour abolition of affirmative action, as they argue society is about equality of opportunity and offering quotas is a disincentive to work hard. also argue that issues of inequality not rooted in past discrimination but lifestyle choices

50
Q

what do liberals believe on affirmative action?

A

would see that affirmative action should continue, as both African Americans and Hispanics are under represented in bachelor degrees. liberals argue vision of equal society is still a vision of the future

51
Q

what is the preclearance formula?

A

determines the states which must have any major voting changes in voting laws and the states cannot change them

52
Q

what was the For the People Act 2021?

A

updated voting procedures and require states to turn over the task of redrawing congressional districts to independent commissions to limit gerrymandering

53
Q

what happened in Shelby v Holder (2013)?

A

SC struck down preclearance formula

54
Q

what was the impact of striking down preclearance formula?

A

within days Texas announced voter ID law that would not need federal approval

55
Q

how many states introduced voter ID? what implication does it have?

A

9 states introduced voter ID in run up to 2016 elections, this disenfranchises African Americans as thye are less likely to have photo ID

56
Q

how representative is the 117th congress?

A 
5 native American 
24 asian 
52 hispanic 
63 African American 
391 white
57
Q

how does the courts interpret the constitution?

A

through power of judicial review allows interpretation where constitution is vague e.g cruel and unusual punishment. Amends by not changing but interpreting constitution by changing nature of the words

58
Q

how does the courts power of judicial review make it a political institution?

A

court asked decisions in areas that are politically contentious in areas where parties disagree. e.g death penalty, abortion and gun control

59
Q

how can the court be seen as quasi legislative?

A

the courts decisions almost have the same effect as a piece of legislation, the the US policy on abortion, gun control are often decided in supreme court e.g same sex marriage

60
Q

what are the arguments supporting a living constitution?

A

only judicial activism can make the constitution meaningful as throughout time elected politicians have excluded numerous groups from power. judicial branch does not apologise for legislating from the bench if elected branch are failing to be faithful.
the founding father could not have envisaged the modern world

61
Q

what are the the arguments against a living constitution?

A
  • it ignores the purpose of having a constitution as the purposive is to provide clear framework for legislators
  • living constitution advocates are politically motivated, accused of applying own policy preference rather than constitution and tends to favour status quo
  • judicial activism threatens liberty, making significant change to law by unelected body
62
Q

what arguments support originalism?

A

the founding fathers created the constitution in order to be permanent rather than whimsical change, theses justices confine themselves to adjudication and change should be made by elected officials. the constitution should be interpreted not based on bias

63
Q

what are the arguments against originalism?

A
  • the founding fathers would not have agreed, as Jefferson thought it could be adapted to modern future
  • the ambiguity allows interpretation
  • it doesn’t deny the rights it doesn’t mention
  • originalism is not politically neutral
  • doesn’t always favour the constitution e.g bush v gore

US politics (7 decks)

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