US Supreme Court Flashcards
How many justices serve on the supreme court?
9
How are justices appointed and for how long?
By the president for life
What is judicial review?
The power to declare acts of congress, the executive, or state governments unconstitutional
Which supreme court case established judicial review in the US?
Marbury vs Madison (1803)
Which supreme court extended judicial review to state law?
Fletcher vs Peck (1810)
Which 4 constitutional provisions ensure judicial independence?
- One cannot serve in the judiciary and another branch simultaneously
- Justices are appointed by the president with approval from congress
- Justices hold their positions for life
- Congress cannot reduce the pay for justices
What is judicial activism?
Where justices are willing to challenge other branches of government
What is one conservative and one liberal activist court?
Conservative - Roberts court (2005-)
Liberal - Warren court (1953-1969)
What are 2 criticisms of judicial activism?
- Justices have excessive power over elected politicians
- Allows justices to pursue political goals through vagueness in the constitution
What is judicial restraint?
Where justices are unwilling to challenge other branches of government
What is stare decisis?
The idea of respecting judicial precedent
What are civil liberties and civil rights?
Civil liberties - the basic rights and freedoms guaranteed by the constitution and interpreted by the courts and legislatures
Civil rights - the legal provisions that counter inequality and discrimination
What did the supreme court rule in Allen vs Milligan (2023)?
States must consider fair representation of race when drawing congressional districts
What did the supreme court rule in Students for Fair Admissions vs Harvard College (2023)?
The use of race in college admissions is unconstitutional
Which case declared that convicts being stopped from voting is constitutional?
Richardson vs Ramirez (1974)
What did Regents of California vs Bakke (1978) do?
Banned race quotas
What did Grutter vs Bollinger (2003) do?
Upheld “narrowly tailored” affirmative action
Which 2 supreme court cases resulted in the banning of affirmative action in the US?
- SFFA vs Harvard (2023)
- SFFA vs University of North Carolina (2023)
What did the supreme court rule in Bush vs Gore (2000)?
Blocked a decision to recount Floridian votes
What are the 2 main restrictions on judicial review?
- Can only deal with constitutional issues
- Judicial restraint
What is the current conservative-liberal split in the supreme court?
6-3
Which 3 arguments suggest that the supreme court is a policy enforcer?
- Judges cannot initiate cases
- Judicial review is limited to constitutional issues
- The court refuses to hear matters that present a political question
Which 2 arguments suggest that the supreme court is a policy maker?
- Constitutional vagueness
- Judges have made decisions that suggest a political motive
What is originalism?
The theory that the constitution’s original meaning should be applied to modern society
