USA4 Flashcards
what is the power of judicial review?
what are the 4 ways in which the supreme court is independent?
can rule on whether state or federal law is constitutional.
- separation of powers
- life tenure
- protected salary
- appointment process
what is the judicial review process ?(4)
- 4/9 need to agree to a case
- plaintiff briefs are collected
- plaintiff/defence given 30 mins
- need majority
what is the appointment process ?(5)
- vacancy
- presidential nomination
- ABA rating
- senate judiciary committee
- full senate vote
strengths of appointment process? (3)
weaknesses? (3)
- independent
- qualified
- elected branches accountable
- politicised by the president
- politicised by the senate
- media, hinders chances of nominees
what are the 3 judicial ideologies ?
- liberal, protect rights, socially progressive
- conservative, gov authority and guns
- swing, middle ideologically
what is public policy?
what are the supreme courts 3 potential impacts on public policy?
policy that involves lives of US citizens
- uphold constitutional value, protect policy
- striking down removes policy
- either can produce new policy
what is judicial activism?
correct approach?(5)
theory applied
- elected branches shy away from controversial issues
- current problems need solutions now
- need interpretation to be relevant
- founding fathers didn’t know 21st issues
- ignoring issues could breech constitution
why is judicial restraint the correct approach? (5)
- supreme, unelected unaccountable
- don’t know what fathers intended
- already interpreted, reinterpretation uses personal views
- limited ways to check, act limited
- activism undermines independence and neutrality
living constitution (2)
originalism (2)
- evolutionary document
- loose constructionist philosophy
- interpreted literally
- strict constructionist philosophy
Bill of Rights…
- upheld
- controversial
- in need of interpretation
rights protected by supreme court ruling ?
- 1st amendment free speech
- 8th amendment death penalty Guantanamo bay
- 3rd right to privacy
row vs wade (1973)
Race and Rights 3 methods?
effectiveness?
- supreme court
- civil disobedience, demos ‘black lives matter’
- ballot box
- 22 districts represented by African US
- 24/30 Hispanic
what is affirmative action? introduced by? when? achieved by ?
good?(3)
equality of opportunity in US, Kennedy, 1965, quotas
- 2014, 63% support
- supreme court upheld AA in uni (fisher v Texas 2016)
- majority favoured AA not preferential treatment
- republicans oppose
- suggested in 25yr AA not needed
- Michigan right to outlaw AA
supreme court is judicial? (7)
- rule based on constitution
- relies on elected branches to enforce
- no initiation power
- appointed on experience (ABA rating)
- independent tenure
- do not vote on party/ideology lines
- emphasise stare decisis(previous decisions)
supreme court political?(5)
- rules on law/action of elected branch
- divided into liberal/conserve (ideologies)
- impact far beyond plaintiff
- chosen for political ideology
- president/congress/interest groups try influence through media
is the supreme court an ‘imperial judiciary’ (too much power)
YES(5)
NO(6)
- judicial review overrule elected branches
- review impossible to overturn
- tenure
- judicial activism
- chooses cases for public impact
- no enforcement power
- only rule on constitution
- only hear 80 cases a year
- reluctant rule on controversy
- subject to checks and balances
- many cases dull
