US Supreme Court & Civil Rights

Question 1

Describe the US Supreme Court

Answer 1

Created by Article III of the constitution. 9 Justices (including one chief justice).
The court is independent from the other branches as part of the separation of powers.
Judges have life tenure.
Their key role is exercised through Judicial Review

Question 2

What is the Supreme Court nomination process?

Answer 2

Vacancy Arises (retirement or death)
Presidential nomination
ABA (American Bar association) makes a recommendation (optional)
Senate Judiciary committee interviews candidates
Senate vote

Question 3

What factors influence a presidents choice for Supreme Court judge

Answer 3

Pick a nominee that is likely to be accepted by ABA and senate
Nominee that is likely to share presidents ideological outlook
Perhaps nominate someone young (Barrett) or iconic (RBG)

Question 4

What are the strengths of the US judicial appointment process?

Answer 4

Independent once appointed (Kennedy)
Scrutiny from senate to weed out unsuitable candidates
Democratic accountability - both elected president and senate have influence in this choice

Question 5

What are the weaknesses of the judicial appointment process?

Answer 5

It is highly politicised - nominations have become increasingly voted along party lines. Presidents are more likely to pick a ‘ideological candidate’ than a ‘good candidate’
Senate hearings have become farcical - dealing with sex abuse allegations and highly influenced by media coverage.
Imbalanced court - vacancies can appear at random times so some presidents get to nominate a lot more judges than others which can imbalance the court.

Question 6

Which 2 cases ‘discovered’ Judicial Review?

Answer 6

Marbury vs Madison - the power of the court over federal law.
Peck vs Fletcher - the power of the court over state law.

Question 7

What does Judicial Review do?

Answer 7

Rules whether a law or policy is constitutional or not. By making this ruling, laws can be ‘struck down’ or new laws can be ‘effectively’ created by the SC decision.
Thousands of cases are sent to the court each year, but less than 100 are heard. If 4 judges agree to hear it ‘rule of 4’ then the case will be considered. The ability to NOT hear a case is as powerful as the ability to hear it.

Question 8

What 2 results does the SC Judicial Review tend to produce?

Answer 8

Unanimus Decision.
Majority Opinion with Dissenting Opinion.

Question 9

What is the SC’s influence on public policy?

Answer 9

They can remove, defend or create public policy by their rulings.
The SC has had a huge influence on gun ownershiop, same-sex marriage, abortion, the death penalty, etc.

Question 10

How easy is the SC to overrule?

Answer 10

Almost impossible. In many cases it would require a constitutional ammendment. Some argue this means that court holds ‘quasi sovereignty’ in the USA as there are insufficient checks and balances on its power. This had led to some calling it an ‘imperial court’.

Question 11

What impact has the SC had on same-sex marriage?

Answer 11

The Obergefell vs Hodges case effectively legalised gay marriage in all states that hadn’t yet done so. Forcing the more religious states to change their policies.

Question 12

What are judicial activism and judicial restraint?

Answer 12

Activism - An approach to decision making that holds that a Justice should use their position to promote desirable social ends. E.g. reinterpret the constitution to enable abortion rights.
Restraint - An approach to decision making that holds that a Justice should not be bringing their own ideas into their decisions. Instead, they should defer to the executive and legislative branches, which are politically accountable to the people, and should put great stress on the principle established in previous court decisions. (stare decisis).

Question 13

WHY might the Supreme court demonstrate more judicial activism?

Answer 13

1. The constitution IS out of date (200 years+). The justices can reinterpret the words in the current context.
2. It is important to defend citizens and uphold the constitution against the other branches
3. Problem need solutions - and where the other branches cannot provide them (e.g. gridlock, concern about re-election, divided government) The SC can take that role.

Question 14

WHY might the Supreme court demonstrate more judicial restraint?

Answer 14

1. Justice are unelected
2. There are insufficient checks and balances on the SC - the system isn’t designed to work this way
3. Decisions should be purely based on the constitution NOT political opinions.
4. The court SHOULD be politically neutral

Question 15

What is the US Bill of Rights?

Answer 15

The first 10 ammendments of the US constitution. These are a set of entrenched rights that protect citizens from government intervention.

Question 16

Which are the most important US Rights (for our course)

Answer 16

I - Freedom of speech
II - Right to bear arms
IV - Freedom from unreasonable searches (including right to privacy)
X - “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” (i.e. anything not explicitly given to the federal government is reserved to the states)

Question 17

Can you name 4-6 amendments to the constitution made after the initial bill of rights.

Answer 17

XIII - made slavery illegal
XIV - prevention of racial discrimination
XV - right to vote
XIX - Granted women right to vote
XXIV - Right to vote without poll tax
XXVI - Right to vote at 18
(You can use these to show further protection of Rights OR you can point out that they have been ineffectual. And there are ‘missing rights’ - gay rights, womens equality, etc)

Question 18

Can you name 3 rights for citixens that have been secured by the Supreme Court?

Answer 18

Same sex marriage (obergefell vs Hodges 2015)
Abortion (Roe vs Wade 1973) - but overturned by Dobbes vs Jackon
Euthanasia - States CAN make laws about Euthanasia if they wish - (Gonzales v Oregon 2006)

Question 19

Give 3 reasons to argue that the Supreme Court has a lot of power

Answer 19

Judicial Review - power to overturn congress , states, and presidency.
Independence - Security of tenure, salary make judges almost unaccountable (think Clarence Thomas and corruption accusations)
Interpretation - The vagueness of the constitution ALLOWS judges to make activitist rulings when asked to clarify laws

Question 20

Give 3 arguments that the Supreme court remains a purely judicial/legal institution

Answer 20

Neutral - 9-0 decisions are very common. Despite the contraversial and famous cases often having majority decisions, the vast majority are decided purely according to law and end up with a unanimous result.
Ruling restricted to the constitution - The court can only make interventions if the constitution allows them to. They also cannot initiate cases - only deal with them if appeal cases are brought to them.
Independence - there have been many cases where judges have made decisions against the president (Nixon, Trump)

Question 21

Give 3 arguments that the Supreme court has become a political institution

Answer 21

Ideological - Justices often vote along party lines according to the president they were appointed by. They also have become involved in political decisions - eg. Gore v Bush 2000
External influence - judges can be pressured by president, congress, interest groups (NRA), (this could also include the nomination process being political)
The 3rd branch of the legislature - Judicial Review has allowed judges to effectively create new policy and laws.

Question 22

Give 3 examples of how the US Supreme court has been effective at protecting citizens rights.

Answer 22

Has ruled against guantanamo Bay multiple times (right to fair trial, cruel and unusual punishment)
Has protected the right to abortion on several occasions.
Confirmed citizens rights to gun ownership (Chicago vs McDonald) (although not their right not to get shot)

Question 23

Give 3 examples of how the US SC has not been effective at protecting constitutional rights of citizens

Answer 23

–Whilst the court made many rulings against guantanamo, they never closed it.
Abortion has since been overturned AND even before Dobbs vs Jackson, the ability of citizens to access abortion had been restricted.
Even gun rights weren’t FULLY protected.
Rulings on affirmative action arguably allow for some forms of discrimination.

Question 24

Give 3 reasons to argue that the Supreme Court’s power is limited

Answer 24

Judicial Review - Justices are limited to interpreting the law within the confines of the wording of the constitution. AND some judges might choose to limit their own power if they believe in judicial restraint.
Independence - Judges can be subjected to pressure from the president and from the media
Limited Jurisdiction - Judges are limited to constitutions only AND they can TECHNICALLY be overuled by a constitutional amendment.

Question 25

Name 3 event from the 1800s regarding race rights in the USA

Answer 25

US Civil war - predominantly over slavery
13th-15th amendments - banning slavery, introducing right to vote and be equal under the law.
Plessy vs Ferguson upholds ‘seperate but equal’. (SC supports segregation).

Question 26

Name 3 events from 1900s regarding race rights in USA

Answer 26

Brown vs Board SC case overturns Plessy vs Ferguson
Civil Right campaigns such as MLK result in legislation like the Civil Rights Act and Voting rights Act
Affirmative action in college adminissions upheld by Californa vs Bakke - this helps minorities with applications to universities etc.

Question 27

Name 3 events from 2000s regarding race rights

Answer 27

Obama vs black US president
Executive orders by Obama to protect undocumented immigrants
Trump overturns Obamas ruling + Travel ban from Muslim countries.

Question 28

What methods have been used to campaign for racial equality?

Answer 28

Legal avenues such as Supreme court - interest groups like NAACP helping to fund cases.
Demonstrations, protests, civil disoedience -BLM, MLK
Elections - electing minorities into positions of power

Question 29

What successes have their been in campaigning for racial equality?

Answer 29

Famous Supreme court rulings in favour of civil rights
Legislation for civil rights (voting act)
Growing number of racial minorities in power (obama, Kamala Harris, minorities on SC)
…However still a long way to go. See- voting restrictions often impacting racial minorities harder.

Question 30

What is affirmative action?

Answer 30

The name given to techniques that try to benefit previously disadvantaged individuals in areas of employment, education and training. For example, some schemes in the past have required universities to accept a certain % of racial minorities. This is sometimes known as a quota

Question 31

What as the Supreme court said on affirmative action

Answer 31

They have make somewhat unclear rulings. The famous ‘Bakke’ case meant that universities COULD discriminate when doing applications but that quotas weren’t allowed.
BUT it has also allowed states to legislate against affirmative action (schuette vs Coalition)

Question 32

What do most Americans think about affirmative action?

Answer 32

They are broadly supportive - but often split along party lines. Many republicans are not in favour - and other think that as time goes on, it should be phased out. However, compaigns like BLM would counter this view and say it is still necessary.

Question 33

What is immigration reform?

Answer 33

This is do with how people who want (or are) living in the USA but are not US citizens should be treated.
This mainly falls into 2 areas -
1. Helping those undocumentented (no passport) illegal immigrants who have lived in the USA a long time (Obama - DACA/DAPA).
2. Taking measures to prevent new immigrants from entering USA (Trump’s wall etc).

Question 34

What did Obama try to do regarding immigration reform?

Answer 34

He failed to get his immigration bill (the dreamers act) through congress. This WOULD have given unauthorised immigrants (and their children) conditional residency and the right to work.
After failing to get it through congress, he used executive orders (DAPA) to protect children from deportation.
BUT Texas vs US 2016 struck down DAPA as unconstitutional.

Question 35

What did Trump do regardining immigration reform?

Answer 35

Elected on promise to ‘build a wall’ between USA and mexico. Very little ended up being built as congress refused to fund it.
Series of executive orders aimed at reducing immigration - e.g. Muslim travel ban
Reversed DACA by executive order
Increased deportations
Separated children from parents at USA borders and detention centres.

Question 36

What has Biden done regarding immigration reforms?

Answer 36

Used executive orders to reverse Trumps executive orders
Assigned the VP (Kamala Harris) to find a solution to the immigration problem.

Question 37

Give 3 reasons why US interest groups are effective at protecting citizens rights?

Answer 37

1. There are a wide range of access points for civil rights groups to lobby in the USA (think federal system)
2. They can take cases to both state and US Supreme Court and provide AMICUS CURIAE briefings to support the cases of others.
3. The bill of rights entrenches citizens rights and this means groups can use this as legal support for their causes.

Question 38

Give 3 reasons why US interest groups are NOT effective at protecting citizens rights?

Answer 38

1. System of checks and balances in USA mean that changes to the law are very hard to make unless there is widespread agreement amongst executive and both legislatures (and even sometimes blocked by SC!)
2. SC will sometimes find against civil rights groups in court cases. e.g. 2012 upholding rights of state insist on people carrying immigration paperwork
3. Bill of rights is quite limited (especially compared to ECHR) and it also gives a huge amount of power to states to set their own laws regarding rights.