U.S Supreme Court & Civil Rights Flashcards
(18 cards)
US Constitution – Interest Groups vs. Supreme Court: How do interest groups influence legislation and policymaking?
Interest groups lobby Congress and government officials to shape laws that align with their constitutional views.
Example: The NRA has effectively influenced gun legislation and protected Second Amendment rights through lobbying.
US Constitution – Interest Groups vs. Supreme Court: How do interest groups mobilise public opinion to influence the Constitution?
They run grassroots campaigns to raise awareness and pressure lawmakers, indirectly affecting constitutional change.
Example: The NAACP mobilised support for desegregation, influencing Brown v. Board of Education (1954).
US Constitution – Interest Groups vs. Supreme Court: What are litigation strategies used by interest groups to shape constitutional interpretation?
They sponsor cases or submit amicus curiae briefs to influence judicial decisions.
Example: The Federalist Society has influenced the appointment of conservative judges like Clarence Thomas.
US Constitution – Interest Groups vs. Supreme Court: Why does the Supreme Court have final authority on constitutional interpretation?
It can interpret the Constitution through judicial review, making binding decisions nationwide.
Example: Roe v. Wade (1973) and its reversal in Dobbs v. Jackson (2022) show the Court’s power over constitutional rights.
US Constitution – Interest Groups vs. Supreme Court: How does the Supreme Court act as a check on other branches of government?
It ensures that Congress and the president comply with the Constitution through judicial review.
Example: In United States v. Nixon (1974), the Court ruled against Nixon, reinforcing that no one is above the law.
US Constitution – Interest Groups vs. Supreme Court: What ensures the Supreme Court’s judicial independence from political pressure?
Justices serve lifetime appointments, protecting them from electoral or political pressures.
Example: Chief Justice Roberts sided with liberal justices in NFIB v. Sebelius (2012), upholding the Affordable Care Act despite conservative lobbying.
U.S. Supreme Court – Political or Judicial Body: How does the politicised appointment process suggest the Supreme Court is a political body?
Justices are nominated by the president and confirmed by the Senate, both political institutions, often leading to partisan battles over appointments.
Example: Merrick Garland’s nomination was blocked by Senate Republicans in 2016 due to political considerations.
U.S. Supreme Court – Political or Judicial Body: How do Supreme Court decisions reflect ideological divides?
The Court’s rulings often align with the ideological leanings of the justices, suggesting political motivations over legal reasoning.
Example: In Dobbs v. Jackson Women’s Health Organization (2022), the conservative majority overturned Roe v. Wade, restricting abortion rights.
U.S. Supreme Court – Political or Judicial Body: How can external political pressures influence the Supreme Court?
Justices may be swayed by public opinion, political movements, or the broader political climate, especially in high-profile cases.
Example: In NFIB v. Sebelius (2012), Chief Justice Roberts upheld the Affordable Care Act, possibly to preserve the Court’s legitimacy amid political pressure.
U.S. Supreme Court – Political or Judicial Body: How does the Supreme Court’s commitment to legal principles and precedent show judicial independence?
Justices are guided by constitutional interpretation and the principle of stare decisis (respect for precedent), not politics.
Example: In United States v. Nixon (1974), the Court unanimously ruled against President Nixon, demonstrating independence from political influence.
U.S. Supreme Court – Political or Judicial Body: What role does judicial independence through life tenure play in maintaining the Court’s judicial status?
Lifetime appointments insulate justices from electoral pressures, allowing decisions based on legal reasoning rather than political gain.
Example: Justice Anthony Kennedy’s swing votes, including in Obergefell v. Hodges (2015), showed independence from consistent ideological lines.
U.S. Supreme Court – Political or Judicial Body: How do checks and balances within the constitutional system reinforce the Supreme Court’s judicial role?
The Court reviews laws for constitutionality, acting as a check on both Congress and the president without engaging in policymaking.
Example: In Department of Homeland Security v. Regents of the University of California (2020), the Court struck down Trump’s attempt to end DACA.
Presidential Appointments & Supreme Court – Political or Judicial: How does the politicised nomination process suggest the Supreme Court is a political body?
Presidents nominate justices who align with their political ideologies, aiming to shape the Court’s future decisions.
Example: Trump’s appointments of Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett created a conservative majority influencing cases like Dobbs v. Jackson (2022).
Presidential Appointments & Supreme Court – Political or Judicial: Why is the Senate confirmation process seen as partisan?
Confirmation votes are often split along party lines, reflecting political allegiances rather than judicial qualifications.
Example: The Senate refused to hold hearings for Merrick Garland in 2016 to maintain conservative influence on the Court.
Presidential Appointments & Supreme Court – Political or Judicial: How do presidents use Supreme Court appointments to shape long-term political legacies?
Since justices serve for life, presidents use appointments to influence American law and politics beyond their terms.
Example: Trump’s rapid appointments (Gorsuch 2017, Kavanaugh 2018, Barrett 2020) shifted the Court’s balance towards conservatism.
Presidential Appointments & Supreme Court – Political or Judicial: How does judicial independence through life tenure support the view that the Court is a judicial body?
Lifetime appointments protect justices from political pressures after confirmation, allowing rulings based on legal principles.
Example: Chief Justice Roberts, appointed by Bush, sided with liberals to uphold the Affordable Care Act in NFIB v. Sebelius (2012).
Presidential Appointments & Supreme Court – Political or Judicial: What is the role of legal precedent and constitutional interpretation in maintaining judicial impartiality?
Justices rely on legal reasoning and the doctrine of stare decisis (respect for precedent) rather than political preferences.
Example: In Texas v. Johnson (1989), the Court upheld the right to burn the American flag as free speech despite public opposition.
Presidential Appointments & Supreme Court – Political or Judicial: How does the Supreme Court function as part of the U.S. system of checks and balances?
The Court reviews laws and executive actions for constitutionality without direct political influence.
Example: In Department of Homeland Security v. Regents of the University of California (2020), the Court blocked Trump’s attempt to end DACA.
