US Supreme Court and Civil Rights

Question 1

What is the role of the Supreme Court

Answer 1

To uphold the US constitution
It is stated in Article 111 of the constitution that the Supreme Court has power over: all cases in law and equit

Question 2

Explain judicial review

Answer 2

Since 1810 the Supreme Court has been able to use judicial review to rule on whether state law, federal law, or the action of any branch of government have been unconstitutional
As the constitution is sovereign if something is ruled unconstitutional it becomes void and not enforceable

Question 3

In wate ways does the constitution ensure the Independance of the Supreme Court is protected

Answer 3

1 separation of powers - the Supreme Court has its own power in article 111
2 life in tenure - justices leave the Supreme Court only through death, retirement or impeachment
3 protected salary - the constitution says justices shall as set times receive for their services a compensation which shall not go down during their time in office
4 appointment process - this ensures that the justices are qualified enough to be on the supreme court

Question 4

Describe the judicial review process

Answer 4

1 the review gives the Supreme Court the power to rule on any law or action of the executive
2 the court only rules if these laws are constitutional or not- if ruled not the law ceases
3 the Supreme Court receives about 8000 cases a year and hears between 60-100
4 there is no right to appeal the Supreme Court
5 the rule of 4 is applied to decide if to hear a case - 4 out of 9 justices have to agree
6 if the case has been heard in a lower court all papers are sent to the Supreme Court
7 plaintiff, defence and amicus curiae briefs are collected
8 on a set date the plaintiff and the defence are given 30 minutes of oral arguments to put forward their case
9 the Supreme Court each a majority verdict and write both a majority and dissenting opinion
10 the majority opinion outlines the ruling upheld and why the verdict was reached, the dissenting opinion outlines the reasons that some justices voted the other way. All the reasoning must be drawn from the constitution

Question 5

How many justices of the Supreme Court have their been since the judiciary act of 1869

Answer 5

9

Question 6

How is a new justice appointed

Answer 6

When a vacancy occurs the president has the power and opportunity to appoints a new one

Question 7

Describe the appointment process

Answer 7

1 vacancy occurs - justices are appointed for life so a vacancy arises through death, retirement or impeachment
2 presidential nomination - president takes advice from White House, cabinet, senators and announces the nominee
3 ABA rating - not a constitutional step the American bar association ABA rate the nominees as not qualified, qualified or well qualified
4 senate judiciary committee SJC - not a constitutional step but SJC hold hearings and spend days interviewing the candidates. They vote in the nominee and recommend to the whole senate
5 full senate vote - a simple majority is needed to approve a candidate

Question 8

What are the strengths and weaknesses of this process

Answer 8

Strengths
1 ensures Independance
2 ensures individuals are qualified
3 role of elected branches gives accountability

Weaknesses
1 politicised by the president
2 politicised by the senate
3 role of media can hinder the chance of some nominees

Question 9

When appointing a justice which ideologies will the president consider

Answer 9

1 a liberal justice - who interprets the constitution to favour liberal values
2 a conservative justice who interprets the constitution to favour conservative values eg national security
3 swing justice - whose ideology is in the middle of the 9 justices

Question 10

What is public policy

Answer 10

Policy and legislation that effects the lives of the US people
When the Supreme Court rule to uphold or strike down a law it alters these policies and it has an impact on the people eg law on abortion, same sex marriage, death penalty

Question 11

What are the 3 potential impacts the Supreme Court can have on public policy

Answer 11

1 it can uphold the constitutionality of a case and protect existing policy
2 strike down the constitutionality of a case and remove existing policy
3 by doing either of the above it can set up new policy for the nation

Question 12

Outline 4 cases heard by the Supreme Court since 2005 and the impact of the judgement

Answer 12

1 Obergefell v hodges 2015
This case made same sex marriage a legal right in every state -only 13 states did not
already have this law
Impact it set a new policy
2 Texas v US 2016
Supreme Court sided with Texas against President Obama striking down the constitutionality of his executive orders
Impact struck down presidents action
3 NFIB v Sibelius 2012
Supreme Court upheld Obama care
Impact - upheld an existing policy
4 whole women’s health v hellerstedt 2016
The suprem court struck down the full implementation of a Texas law that may have reduced the number of abortion clinics to just 7
Impact struck down an existing policy

Question 13

Why can a ruling of the Supreme Court be seen as controversial

Answer 13

It is unelected and unaccountable
2 when Supreme Court strikes down a state or congressional law it is overruling the will of the elected branches
3 the only way to overturn a Supreme Court ruling is to amend the constitution
4 the effect of the power of the judicial review is to make the Supreme Court sovereign
5 it can be argued Supreme Court is imperial and checks and balances are weak and ineffective giving them more power than was intended

Question 14

Supreme Court is supposed to be independent why can it be argued its rulings have political impact

Answer 14

The justices have political leanings and often the outcomes can be explained by their ideologies

Question 15

What are judicial activism and judicial restraint

Answer 15

Theories that are applied to the actions of the supreme court
They are a way to understand how the justices vote - eg using their position as a justice to achieve the right aspirations for society is activism but believing a ruling should have a limited impact is restraint

Question 16

What reasons may a justice believe restraint or activism is the right approach

Answer 16

Activism
1 elected branches often shy away from controversial issues as it may cost votes
2 current problems need solutions now and congress is slow to act
3 with out interpretation the constitution will become irrelevant
4 the founding fathers could not imagine the challenges of the 21st century
5 ignoring issues could lead to breaches of the constitution and constitutional rights

Restraint
1 the Supreme Court is unelected and unaccountable and should refrain from big decisions
2 no one can adequately know what the founding fathers intended
3 previous court decisions have already interrupted the constitution - reinterpretation suggests the justices are using personal views which is not what the court is supposed to do
4 limited ways to check the court means they should act in a limited fashion
5 activism undermines the Independance and neutrality

Question 17

What are the 2 main views on how the constitution should be interpreted

Answer 17

1 living constitution
2 originalism

Question 18

Describe living constitution

Answer 18

1 argues the constitution is an evolutionary document to be interpreted by its principles
2 it is closely related to the loose constructionist philosophy

Question 19

Describe originalism

Answer 19

1 argues it should be interpreted more literally
2 related to the strict constructionist philosophy

Question 20

What is embedded in the US constitution and what was added over the centuries

Answer 20

Embedded in the constitution in 1791 was the bill of rights and over the the centuries 17 amendments were added

Question 21

Give examples of amendments ratified in 1791

Answer 21

1st amendment freedom of speech
6th amendment the right to a speedy trial
7th amendment the right to a trial by jury

Question 22

Give examples of later amendments

Answer 22

13th amendment making slavery unconstitutional
15th amendment the right to vote regardless of race
19th amendment right to vote regardless of sex

Question 23

Give an example of an amendment which is controversial

Answer 23

8th amendment the right to no cruel and unusual punishment - the death penalty exists in some states and treatment of prisoners in Guantanamo Bay raises questions

Question 24

What did JKF sign in 1961 what did it state

Answer 24

Executive order 10925 stated a contractor will take affirmative action to ensure applicants are employed and employees are treated without regard to their race creed colour or national origin

Question 25

What is affirmative action

Answer 25

It is no single policy it was introduced by Kennedy to try to put right the descrimination faced by race groups. It favours disadvantaged groups
It has created a more equal America

Question 26

How did Johnson take this action further

Answer 26

He signed an executive order which required government departments to hire more women and racial minorities

Question 27

What is the public opinion on affirmative action

Answer 27

FOR
1 a 2004 survey showed 63% of Americans support AA in colleges
2 many Supreme Court cases have upheld AA in higher education
3 in 2009 a survey showed the majority of Americans favoured AA

AGAINST
1 2014 survey showed a majority of democrats in favour of AA but a majority of republicans opposed AA
2 a case in 2003 suggested in 25 years AA would not be necessary}

Question 28

In what ways can the judicial branch of the Supreme Court be described as judicial

Answer 28

1 justices can only rule based on the constitution and can only rule that something is constitutional or unconstitutional
2 the Supreme Court can not enforce it rulings it relies in elected branches for that
3the Supreme Court has no initiation power it can only rule on a case brought to them
4 justices are appointed based on their judicial experience and rated by ABA
5 the constitution guarantees the justices independence through life tenure and protected salaries
6 justices do not really vote on party or ideological lines
7 the Supreme Court places emphasis on previous court decisions

Question 29

In what ways can the judicial branch of the Supreme Court be described as political

Answer 29

1 the Supreme Court has been accused of acting more like a political than a judicial body. The court is often said to be legislating from the bench
2 the court is usually ruling on a law or action of an elected branch
3 justices can be divided into liberal and conservative ideologies
4 the impact of justices extends far beyond the plaintiff and defendant in a case
5 justices are chosen and approved by political branches and chosen for their predicted ideology
6 the president, congress and interest groups all try to influence the court through media and amicus curiae briefs

Question 30

What is it important to remember when considering the effectiveness of Supreme Court in rights protection

Answer 30

They can only protect constitutional rights and these are for everyone not just minorities

Question 30

Debate is the Supreme Court an imperial judiciary

Answer 30

Agree
1 the power of judicial review allows the court to overrule elected branches
2 judicial review is almost impossible to overturn
3 justices are appointed for life and almost impossible to remove
4 justices can act with judicial activism
5 the supreme our often chooses to decide on the case that have the biggest public interest

Disagree
1 with no enforcement power the court may truely be said to have neither force nor will
2 the court can only rule on the constitution and nothing more
3 the court can only hear about 80 cases a year
4 the court has been reluctant to rule of sone particularly controversial cases
5 the court is subject to checks and balances
6 many cases are dull and not landmark

Question 31

Describe the history of immigration reform in the US

Answer 31

Historically immigration reform in the US has been about making it harder not more inclusive

Question 32

What was key to Obama 2008 victory

Answer 32

His campaign promise of immigration reform resulted in 67% of the Hispanics voting for him

Question 33

What has happened since Obamas election regarding immigration reform

Answer 33

The steps he took through executive order have either been struck down by the supreme court or reversed through executive orders

Question 34

What is DACA and DAPA

Answer 34

Deferred action for childhood arrivals
Deferred action for parents of Americans
Policies which have protected 5 million undocumented immigrants in America from deportation

Question 35

Who was DACA for

Answer 35

Immigrants who
1 were brought to the US before they were 16
2lived in the US continuously since 2007
3 were born before July 1981

Question 36

What do d the DAPA do in 2014

Answer 36

1 it was for immigrants who had a child that was a lawful resident
2 immigrants who had lived in US since 2010

Question 37

Compare the power of the UK and USA supreme courts

Answer 37

UKs constitution means the uk Supreme Court is less powerful
1 uk Supreme Court is established in reform act 2005
2 the act meant a greater separation of powers in UK government
3 power of judicial review does not give it the power to overrule UK parliament
4 judicial review allows Supreme Court to interpret the actions and laws of government to ascertain ithey have acted beyond their power
5 uk citizens can appeal
6 despite courts lack of sovereignty it is unlikely the government would ignore Supreme Court ruling

US Supreme Court
1 is established in article 111 of the constitution
2 completely separate branches of government
3 power of judicial review gives it quasi sovereign power to strike down electoral branches
4 final court of appeal in US with no rights to appeal
5 despite a lack of enforcement power it is unlikely the government would ignore a Supreme Court ruling

Question 38

Compare the relative Independance of uk and us supreme courts

Answer 38

Similarities
1 both have Independance of buildings and personnel
2 both have a rigorous appointment process
3 both countries give their justices security of tenure
4 both countries face pressure from electoral branch and interest groups in their rulings
5 both are willing to rule against the government and these rulings have stood

Differences
1 US justices salaries are protected by the constitution UK Supreme Court budgets is set by ministry of justice
2 US selects justices through elected political branches while UK uses the independent judicial appointments commission
3 the US can overrule elected branches UK can not

Question 39

Compare a Supreme Court case from US with UK case

Answer 39

Miler v Secretary of State for exiting European Union
Decision Paliament had to be consulted on the final Brexit deal
Texas v US
Decision Obama had acted unconstitutionally by passing the DAPA executive order

Similarities
1 both cases highlighted the power of the judiciary over the elected governments
2 both cases allowed direct challenge of the government
3 both governments abided by the ruling of the Supreme Court

Differences
1 while DAPA immediately became null and void the uk government continues to try and manoeuvre around parliament
2 the US court was split 5-4 on ideology lines where as UK court was 8-3

Question 40

How is the judiciary a key player in the protection of rights in both US and UK

Answer 40

In both countries they challenge the governments in order to protect rights and can protect the racial minority against the tyranny of the majority

Question 41

How effective are the rights of protection in the UK

Answer 41

Effective
1 the human rights act has given justices a codified document on which to make rulings
2 uk citizens can appeal beyond the UK Supreme Court to the ECHR
3 parliament is unlikely to ignore justices they have moral authority

Ineffective
1 parliament remains sovereign
2 the EDHR rulings have been ignored in the UK
3 the role of justices and Supreme Court is less widely understood

Question 42

How effective are the rights of protection in the USA

Answer 42

Effective
1 the US Supreme Court has a constitutional foundation giving it quasi sovereign power
2 the constitution is the basis for Supreme Court rulings which are difficult to change
3 rulings are unlikely to be ignored or not enacted

Ineffective
1 rulings have been ignored
2 the court can hear relatively few cases
3 citizens have no right to have their case heard by Supreme Court
4 judges seem more ideologically motivated than UK counterparts

Question 43

Give examples of rights protection and how they differ between UK and US

Answer 43

Abortion
Application for judicial review dismissed in Uk
Women’s right to abortion upheld in US

Gay rights - still to be decided in UK
In US found for religious rights over gay rights

Euthanasia
In UK not allowed
In US allowed in Oregon

Terrorism
Uk freezing of terror suspects assets is not allowed in Uk
In US terrorist suspects held in Guantanamo Bay have a right to challenge their detention

Question 44

Compare the effectiveness of interest groups in the protection of civil rights in UK and US

Answer 44

IN UK
1 interest groups are increasingly relevant in court cases
2 UK respect for civil rights predates the US bill of rights
3increasing devolution gives interest groups more access points

USA
1 groups more frequently bring cases to the Supreme Court
2 a codified bill of rights has made rights clearer and more culturally engrained
3 greater number of access points

Question 45

Debate how should the constitution be interpreted

Answer 45

As a living constitution
1 the constitution will become out of date if it is not interpreted in the light of modern developments
2 elected and accountable branches often favour the will of the majority and therefore interpretation of the constitution can ensure minority rights are also protected
3 the founding fathers found not have predicted the world that exists today and some of the words in the constitution are meaningless without interpretation
4 the amendment process is now to difficult to allow the development of the constitution through elected branches of government
5 the principles of the constitution can be upheld despite the wording of the document

IN and originalism manner
1 interpreting the constitution makes the Supreme Court a political institution undermining its independence and legitimacy inchecking the other branches of government
2 changes required can be left to the elected and accountable branches rather than risking the misinterpretation by 9 unelected judges
3 people are accountable for their actions according to the law. If the law is constantly evolving and changing it is not possible for them to know what the law is until after a judge has decided making it confusing for citizens
4 the amendment process exists and has been used successfully and this is the method through which amendments should come about
5 the principles of the constitution are not as significant as the words and text when determining meaning and it is the meaning that should be adheared to

Question 46

Debate is the Supreme Court and imperial judiciary

Answer 46

Is
1 the court is able to make decisions with huge impact on US government and citizens yet it is unelected and unaccountable
2 while justices can in theory be impeached this process has only ever been used once and never to remove a justice
3 the courts power of judicial review often amounts to the final say on any issue as it is so difficult to overturn a decision. The use of constitutional amendment to achieve this is rare
4 the courts decision can overturn the laws and actions from branches that are both accountable and have a mandate from the people to carry out these actions
5 these decisions have gone far beyond the original text of the constitution and created entirely new rights with the court having broad powers to interpret the constitution
6 despite being able to hear only a limited number of cases each year around 8000 cases are brought to court each year and gives it a choice on what it wishes to rule on

Is Not
1 the court has no way to enforce its own rulings and is entirely dependant on other branches of federal government to enforce them
2 the court can not choose cases to investigate that have not been brought before it even if there are actions it considers unconstitutional
3 the courts rulings can be overturned
4 the court has often shied away from hearing cases in which public opinion is divided
5 the constitution provides the single biggest limit on the Supreme Court. Regardless of the justices personal opinion cases and decisions must be rooted in the constitution, even with the power to interpret it they can only interpret what is there
6 justices are subject to the threat of removal as they only hold office during times of good behaviour this should prevent justices acting recklessly

Question 47

Debate the Supreme Court is it judicial or political

Answer 47

Judicial
1 the Supreme Court can only take cases with a constitutional basis and make decisions on the wording of the constitutio. The justices personal political opinion is irrelevant to the decision making process
2 members of the court have a legal not political expertise
3 the court lacks any power to enforce the decisions it makes. Only congress and the president , directly elected branches of government can enforce the decisions
4 a substantial number of cases are decided 9-0 as the court is broadly divided into liberals and conservatives this suggests the justices must be basing decisions on something other than political opinion
5 the court adheres to legal principles such as stare decisions which helps lend legitimacy to its decisions

POLITICAL
1 the impact of many rulings is political striking down actions or acts of the elected branches of government
2 the appointment process to the Supreme Court is political
3 justices can be identified as liberal or conservative this suggests the actions of justices are political and not judicial - they all interpret the same evidence and the same constitution but reach different conclusions
4the court accepts amicus curiae briefs - documents written to the court from pressure groups trying to influence the outcome - the groups must believe they can have an impact
5 the court appears to shy away from hearing controversial cases suggesting its recognition of the importance of public opinion