Judiciary Flashcards

1
Q

What is the structure of US courts

A
  • US Supreme Court
    -US Court of Appeals
    -US district courts
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2
Q

What is layed out about the judiciary in the constitution

A

Congress can ordain and establish new courts
Judges hold office for life in good behaviour

No mention of judicial activism
No provision of number of judges

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3
Q

6 feature of the membership of the SC

A

8 judges
1 chief judges
All have an ideological stance
9 number was set by congress
FDR threat to pack the cour
They hold office for life

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4
Q

Presidents appoint judges who they share what with

A

Judicial philosophy

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5
Q

What does judicial philosophy mean

A

Ideological stance whether they are conservative or liberal

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6
Q

How many women in the Supreme Court

A

3/9 all left wing

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7
Q

What is a strict constructionist

A

Justices who interpret the constitution literally and stresses the retention of power by individual states

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8
Q

What is an origins list

A

A judge who interprets the constitution in line with meaning and intent of the founding fathers

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9
Q

Living constitution

A

Dynamic living document which should be interpreted and taken account of the views of todays society

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10
Q

Examples of president appointing based on judicial philosophy

A

Obama appointment of sotomayor and kagan

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11
Q

What is the basis of judicial review

A

There is no constitutional basis

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12
Q

What did the Marburg v Madison 1803 allow the court to rule

A

Acts of congress
Executive actions
State law

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13
Q

What is the most likely pool of recruitment to the SC

A

The federal court of appeals

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14
Q

Who does an SC nominee first appear to

A

The senate judiciary committee where hearings are held and they vote to recommend further scitom

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15
Q

What is wrong with the appointment process of SC

A

Politicisation of president, media and senate

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16
Q

ideological composition

A

6 republican
3 liberal

17
Q

confirmation process of Justices

A

Article II- the president nominates a candidate and the senate provides advice and consent before shown before the court

first referred to the SJC
undergo investigations and hearings
a simple majority is needed for confirmation after a floor debate

18
Q

brown v board of education 1854

A

resulted in desegregation of public schools across the country

19
Q

what court was brown v board under

A

warren court

20
Q

what court was roe v wade under

A

burger court 1969

21
Q

bush v gore was under which state

A

Rehnquist court 2005

22
Q

bush v gore

A

landmark decision settled by SC over presidential election
bush though FL recount was unconsitutional and in violation of the 14th amendment argued that article 2 had been violated by interpreting the law and making a new law

23
Q

bush v gore ruling outcome

A

SC declared recount of FL was in violation of equal protection clause
recounts suspended and state was declared for bush
bush was elected president at EC

24
Q
A