USA Supreme Court

Question 1

what is the significance of the independent nature of the Supreme Court?

Answer 1

There are 9 justices, this is fixed by congress, he FF were influenced bye the ideas that stated that there is no liberty if the SC is not separated from the other branches.

Question 2

What is the nature and role of the Supreme Court?

Answer 2

under the constitution judges are appointed by the president and must be confirmed by a majority vote in the senate. They hold their role for life, “during good behaviour”, they can only be removed via impeachment- no justice has successfully been impeached, in 1968 Fortas came close.
The SC hears cases that are decided as having a substantial impact or cultural significance.

Question 3

what are the factors that reinforce the idependence of the SC?

Answer 3

The structure that there is only 9 justices means that the other branches are able to pack the court with their allies.
They serve their role for life, this acts as further protection from congress.
Judges are able to make decisions using their own autonomy.
JR allows the court to check the other branches.
The American Bar Association is an interest group that is made up of lawyers, when justices are appointed the ABA will rate the suitability.
The justices serve for life, they can go against those who appointed them- Trump vs Vance example.

Question 4

what are the factors that highlight the little independence of the SC?

Answer 4

Congress retains the power to alter the SC, which could be done to undermine the indpendence.
Members of the court can only be removed by an impeachment process, the fact that they can be impeached hinders the independence of the court.
The Supreme Court lacks enforcement powers, this was evident in brown vs board of education.
The independence and neutrality of the ABA has been questioned, this has suggested that female and minority justices are more likely to receive lower ratings. Clarence Thomas was only seen as being qualified.
Elected politicians are at the heart of choosing justices, so it could be undermined for politics.

Question 5

What is the significance of the judicial review process?

Answer 5

This is the power of the SC to declare acts of congress or actions of the executive unconstitutional and null and void. This means that the court can update the meaning of the constitution. For example it has been noted that the two parties are divided over the issue of abortion and it is the SC that will decide on this issue, highlighting the power of this branch, 2022- Dobbs vs Jackson.

Question 6

What was the significance of Bush vs Gore?

Answer 6

it ruled that the manual recount scheme that was devised by the Florida state SC, was unconstitutional. This is because it violated the “equal protection” clause of the 14th amendment. The court was said to be handing the election to Bush.

Question 7

what is the significance of Trump vs Hawaii?

Answer 7

this ruled that the EO was constitutional, much to the annoyance of Democrats. This EO restricted travel to the US for a number of predominantly muslim countries.

Question 8

what is the significance of Marbury vs Madison and Fletcher vs Peck?

Answer 8

M vs M, 1803- this saw the SC granting itself the power of JR.
F vs P, 1810- this was the first time that the SC ruled against a state law.

Question 9

what is appointment process for the SC?

Answer 9

a vacancy occurs- retirement, death or impeachment.
the president will search for possible nominees.
the nominee is announced
the senate judiciary committee holds and confirmation hearing and makes a recommended vote.
the nomination is debated and voted on in the full senate. a simple majority is required.

Question 10

what is the significance of the process?

Answer 10

Trump was deemed as being a lucky president as by the end of 2020 he was able to nominate 3 justices to the SC, by contrast in his 8 year term, Obama was able to only nominate two.
Justices, due to their life tenure can out live the president that nominated them. For example justice Clarence was nominated by Bush in 1991.
The president will seek advice from many different areas, for example senior Whitehouse officials and key figures in the justice department.
The nomination is a big moment in the media and the nominees will often be invited to the White House with their family.

Question 11

what has taken place in recent years with confirmations and controversies?

Answer 11

in 1987 there was the formal, rejection of Bork who was closely associated with Nixon, he played a role in the Watergate affair.
The confirmation hearing of Clarence Thomas were affected by the claims by Anita Hill that he has been sexually abusive to her. He just squeaked through on 52-48 votes.
inn 2005 Harriert Miers withdrew before formal confirmation hearing because it became clear that she would not get enough votes.
in March 2026, conservative justice Scalia died, Obama nominated a moderate Garland to fill the seat- the republican controlled senate declined to hear the nomination saying it was too close to a new term.
The senate judiciary meeting of Kavanaugh was explosive and he was forced to defend himself over allegations of serious sexual assault.
The appointment of Amy Coney Barrett was filled with controversy as she was allowed to be appointed, weeks away from an election.

Question 12

what are the strengths of the nomination process with examples?

Answer 12

Each nominee receive detailed background checks by the WH, FBI, the senate judiciary committee, the media- The senate decision on Kavanaugh was delayed until the FBI had reported on the allegations of sexual assault. Jeff Flake said he could not support Kavanaugh unless there were further investigations.

the senate judiciary committee udnerstakes detailed scrutiny- all nominees have to complete lengthy pre-hearing questionnaire, the answers given by Miers in the 2005 hearing were described as insulting.

many nominees have gone against the president that appointed them- Kavanaugh in Trump vs Vance.

the involvement of interest groups such as the ABA provides legisalators with additional information- nominees are given ratings by the ABA.

Question 13

what are the weakness of the confirmation process with examples?

Answer 13

the process has become over-politicised- confirmation votes increasingly reflect party loyalty, Kavanauhg recieved 50-48, its not since 1994 that there has been an almost unaminious vote for a justice.

the senate judiciary committee is equally politicised- at the end of the senate judiciary committee hearing, Lindsey Graham acknowledged that Barrett was what the republicans wanted and not what the democrats what.

interest groups can be politicised- The federalist society and the American constitution society are groups of lawyers that have varied political outlooks.

the political nature of the confirmation process can lead to it become a media frenzy- a group called Demade justice which is headed by Hilliary Clintons former campaign press secretary spent $1.1 million on TV ads opposing Kavanaugh.

the process reinstates that the court is highly politcised- all recent appointment have been labelled as liberal or conservative.

Question 14

what are the factors that affects a president choice of nominee?

Answer 14

judicial ability- many justices are chosen from the federal courts, Elena Kagan of the current bench is the only one that was not chosen from the federal courts.
ideological considerations- Though, this is denied the political leaning of a justice can aid the decision. For example, Obama chose liberal justices.
social characteristics- representation on the bench is increasingly important, for example following the death of Ginsberg in 2020, trump stated that he would choose another female justice, which he did in Barret.
political considerations- they have to bear in mind how their party is doing in Congress as to whether they have a more moderate or centrist nominee, Garland was a more centrist option when Obama nominated him in 2016.

Question 15

what was the significance of justice sotomayor being elected to office?

Answer 15

she was rated well qualified by the ABA, she is liberal and a believer in a living constitution. she was the first hispanic to serve.

Question 16

what are the 4 reasons why the presidents nominee is important?

Answer 16

the justices serve for life and the opportunity to add a justice is infrequent. From 1994-2005 there were no vacancies.
There are only 9 members of the SC, so this is to change 1/9 p the bench’s make-up.
The SC and the power of JR is very significant.

Question 17

what is the current composition and ideological balance of the supreme court?

Answer 17

Anthony Kennedy until his retirement was a swing justice, he balanced between being both liberal and conservative.
strict constructionist, they are conservative in their outlook, they want to embrace the intention of the FF. Clarence Thomas. They also are linked to originalism.
loose constructionist, they are liberal in outlook they interpret the constitution in a more flexible way, they favour the power of the fed,gov over state rights. Sotomayor falls into this category.

Question 18

how would the Robert’s court be defined?

Answer 18

this is a lot more conservative, this is due to the three appointments that were made under the Trump era.

Question 19

what is the case for consensus in many SC rulings?

Answer 19

between 2000-2018 a unanimous decision was more likely than any other decision, this averaged 36%, there were also majorities of 7-2 for eg. The now commonly seen 5-4 decisions were only 19% of cases.
For example, a 7-2 decision was made in relation to masterpiece bakeshop vs Colorado civil rights commission.
The decision in earlier years were better as they provided for legal clarity.
A clear role of the SC is to provide legal clarity, this is why majority decisions are important.

Question 20

what is the importance of the swing justice?

Answer 20

Roberts, himself is a key swing justice and sided with liberals to uphold provisions such as the affordable care act, this was evident in NFIB vs sebelius.
in carpenter vs US, 2018 sided with liberals with regards to requiring a warrant for phone location data.
Roberts has also sided with liberals with regards to LGBTQ workers.
Roberts received criticism from Trump when he voted against the attempt to close down deferred action for childhood arrivals.

Question 21

what is the significance of the SC and the results of the 2020 election?

Answer 21

There were dozens of court cases that sought to have the results overturned, for example Texas vs Pennsylvania, the SC refused to hear the cases. This displays that whilst the SC has a conservative majority there are limits as to how much this would influence a decision.

Question 22

what is the significance of judicial activism?

Answer 22

when decisions are made where political leanings are at play this when JA is involved, these judges tend to be linked with loose constructionism. JA sees the court as an equal partner with legislative and executive branches of government. Obgerfells vs Hodges was a key case when JA was used.
Conservative examples: Bush vs Gore, 2000.
DC vs Heller, 2008- this meant that someone had the right to own a gun without being connected to a militia.
these judges can be conservative or liberal, it may be said that these judges have an attitude that seek to aid the other branches of government.
This makes the claim that justices are legilating from the bench and that the USA now has an imperial judiciary.
In 2010 Obama criticised JA stating that there now was “a conservative jurisprudence that oftentimes makes the same error” with regards to ignoring the will of congress.

Question 23

what is the significance of judicial restraint?

Answer 23

This is where the courts are more inclined to accept the views and actions of elected officials. for example there was a continuing defence of Roe vs Wade in whole women’s health vs hellerstedt.
There has also been commitment to the policy of execution, for example in Bucklew vs Precythe 2019 this stand that the prisoner should be executed.

Question 24

what are the criticisms of the philosophy?

Answer 24

criticisms of JA:
these justices become politicians in robes
the constitution is only updated in the way that the justices see fit.
extending constitutional rights in areas such as abortion should be done in congress
some has said that this has allowed for reforms that wouldn’t of otherwise have happened.

criticisms of JR:
the narrow focus on the text limits the interpretation of the document.
the original meaning is often unclear
people of JR are happy to seek changes to the constitution when it suits them
this may lead to “popular tyranny”

Question 25

what is the significance of the SC and upholding public policy?

Answer 25

upholds existing policy
removes existing policy
shaping public policy through inaction
establishing new policy

Question 26

what is the impact of the SC in upholding existing policy?

Answer 26

they upheld the congressional law NFIB vs Sibelius, 2012 key example for federalism
this saw the SC defend the federal government over the states. The case was designed to challenge the ACA
Roberts sides with the liberal justices (5-4)
displays how the SC can become centre of political controversy, this was said to stun politicians.

upholding an SC ruling in whole woman’s health vs Hellerstedt, 2016-
this concerned a law that posed to restrict access to abortion.
This was a 5-3 judgement
this meant that the SC had defended the policy of Roe vs Wade, this is a key example of the SC upholding judicial precedent.

Question 27

what is the significance of the Supreme Court removing existing policy?

Answer 27

the Supreme Court has acted as an effective check on both different branches of government and the president.
checking the president: United States vs Texas, 2016. Obama issued the Executive Order for DAPA, which was legislation reform for immigration, this would have allowed 5 million people to stay in the USA. There was a tied 4-4 decision, the federal judges of appeal declared that the legislation was UC. The judgement of the SC was delivered in just 9 words and there was a clear split down ideological lines.

striking down a federal law: Citizens united vs FEC, 2010. A conservative interest group wanted to air a film critical of Hillary Clinton, this was printed by the Bipartisan Campaign reform Act which prevented such actions, CU stated that this went against their first amendment rights. This was a 5-4 decision in favour of CU, these cases highlight how there are philosophical differences between the conservative/strict constructionist, and the liberal/living constructionist. To date, this displays how the SC can act as a quasi-legislative body.

Question 28

How effective is the Supreme Court at establishing new policy?

Answer 28

obgerfell vs Hodges- these would preside over whether a marriage between a homosexual couple should be legal, this would create new law on what was to be known as marriage equality. The court decided 5-4 in favour of the case, the work dignity appeared 9 times in Justice Kennedy’s majority opinion, this was significant as the view that was ordained by Obama himself just 7 years earlier was now illegal.
Carpenter vs USA, 2018
Requiring cell phone location date was akin to the 4th amendment and required a search warrant, this was a 5-4 decision of the liberal justices joined by Roberts. This allowed the court to provide legal clarity.

Question 29

what is the significance of the shaping public policy through inaction?

Answer 29

Planned parenthood of Arkansas Vs Jegly 2018.
This case was in appeal to the strict regulation surrounding medically regulated abortion, this would have had an impact on reducing abortions in the state.
The refusal to hear the case may of stemmed from a conservative bench wanting to uphold abortion rights.

Question 30

What are the key rights that are stated in the constitution?

Answer 30

Right for states to be involved in the electing of a president via the electoral college.
Right of congress to make law.
the creation of an independent judiciary
Checks and balances, separation of powers.

Question 31

What is the significance of Zelman vs Simmons-Harris? and Greece vs Galloway?

Answer 31

This upheld a programmed in Ohio that allowed them to receive financial aid to send their children to religious schools, the court ruled 5-4 upheld the programme stating that the choice was made by the parents and not the state to send children to these religious schools, this programme was supported by the Bush administration. (Zelman)

Greece vs Galloway:
The SC ruled 5-4 that councils could start their meetings with prayer, the SC ruled that this did not go against the first amendment.

Question 32

what is the significance of SC legislation with regards to the right to bear arms?

Answer 32

DC vs Heller, 2008
This proclaimed that the handgun ban was unconstitutional, the majority took the view that this prohibits against the lawful ownership of handguns.

Mcdonald V City of Chicago, 2010 this states that the right for a person to bear arms cannot be infringed.

Question 33

what are significant cases with regards to the death penalty?

Answer 33

Roper vs Simmons (2005)
The court ruled that it is UC to sentence anyone to death for a crime that they committed when they were 18.

Breclew vs Precythe, 2019
The claim by Brewclew was that because of a rare condition he would have faced an unnecessary painful death. Gorsuch claimed that the constitution did not prevent someone against a painful death. This was a classic liberal vs conservative case, as the liberal justices dissented Breyer stated that Bucklew had clearly stated that he would suffer from a painful death.

Question 34

what is the significance of the 14th amendment?

Answer 34

This has been dissented with the recent Dobbs vs Jackson case, yet Obergfell vs Hodges was a key example of the equal protection clause being used.

Question 35

what is the definition of Affirmative Action?

Answer 35

This is a programme giving disadvantaged groups in society a head start in life, for example with higher education.

Question 36

How has the Supreme Court ruled with regards to Affirmative Action?

Answer 36

In Gratz vs Bollinger, 2003 the court ruled 6-3 that the affirmative action based admission programme was UC because it was too mechanistic. Yet, in Grutter vs Bollinger, 2003 the law school admission programme was constitutional because it had an individual approach.
Clarence Thomas denounced these programme, stating that it was simply a way to get too poor or uneducated people involved in politics.

2007, parents involved in community schools vs Seattle school district and Meredith vs Jefferson county. The court declared that it was UC to assign students to a school with the sole purpose to achieve a racial balance. The court declared a 5-4 ruling, Chief Justice Roberts stated that there was a concern that assigning children to schools in this way violates the equal amendment.
Further legal challenge was also evident with Abigail Fisher, a white woman who applied to the University of Texas, she claimed that she wasn’t accepted to the university simply because she was white. After the case found itself in the court of appeals, the case was heard in the SC in 2016 and with a 4-3 ruling the justices sided with the affirmative action. Yet, Thomas stated that this was AA gone “berserk”