20.1 - The Nature and Role of the Supreme Court Flashcards
(21 cards)
What is the Chief Justice?
The presiding member of the Supreme Court, who holds no additional voting power to the eight other members of the Court.
.
Who is the Chief Justice?
Justice Roberts.
What is an associate justice?
All other members of the Supreme Court.
What Article deals with the Supreme Court?
Article III of the Constitution.
What legislation did Congress create to deal with Article III?
The Federal Judiciary Act 1789.
Allowed for the creation of the Supreme Court called by the Constitution, consisting of one chief justice and five associate justices.
What else did the Federal Judiciary Act 1789 do?
Create the courts that sat below the Supreme Court.
(District Courts and Circuit Courts)
How many district courts and circuit courts are there?
94 and 13 respectively.
What do district courts do?
Deal with federal matters such as trials involving federal laws or crimes, or constitutional issues.
What do circuit courts do?
They are appellate courts.
They predominantly hear appeals to the rulings of the district courts.
What is an appellate court?
A court of appeals, accepting cases for review from the courts beneath it.
What is original jurisdiction?
The right of the Supreme Court to be the first court to hear a case in certain circumstances, rather than a case needing to be an appeal.
When does original jurisdiction actually kick in?
Cases involving public ministers, two or more states, citizens of different states, or the USA.
How is the Supreme Court independent?
- Justices appointed for life.
- Vacancies only available if a current justice dies, retires or is impeached.
- Constitution prevents salary of justices being lowered during their time in office.
- Constitution requires approval of Senate for nominees from president.
- The separation of powers ensures the Courts own power.
- ABA rates the suitability of each of the justices.
What is judicial review?
The power of the Supreme Court to judge actions of the presidential branch or acts and actions of Congress against the constitution.
Article III makes mention of the power of Judicial Review. T/F?
False.
No mention, but the powers are taken by the Court anyway.
What is a Conservative Justice?
A justice who is more likely to try to achieve rulings that produce a more limited federal government and uphold conservative ideals such as pro-gun rights and pro-life. Likely ot interpret the Constitution more literally
What is a Liberal justice
A justice who is more likely to try to achieve rulings that produce greater equality for all and uphold liberal ideals, which may mean a larger federal government, such as LGBTQ+ rights
and gun control. Likely to interpret the Constitution more broadly
What is the difference between a strict and loose constructionist
Loose constructionist
A justice who is more wiling to interpret the wording of the Constitution broadly, which might include giving more power to the federal government
Strict constructionist
A justice who will stick to the wording of the Constitution as the text is written, without interpretation. This therefore includes protecting state power
What happened with the Boarsberg Conflict with Trump Case and why does it matter?
What happened
* Trump wanted to impeach Judge James Boasberg for ordering a halt in deportations of accused gang members to El Salvador
* Chief Justice Roberts Publically stated that an impeachment is invalid without due process from Congress
Why it matters
* Shows the judiciary isnt dominated by the executive and is relatively independent
What happened with the Trump and Abrego Garcia Case and why does it matter?
What happened
* 9-0 ruling by the Supreme Court to bring back innocent Abargo Garcia from El Salvador
Why it matters
* The ruling protects due process, clarifies immigration law, and sets a strong precedent for fair treatment of deported individuals, especially when there’s evidence of innocence.
