20.4 - The Supreme Court and Protection of Rights

Question 1

What are rights?

Answer 1

Fundamental entitlements or freedoms that everyone possesses, regardless of their status, and which governments and individuals are obligated to respect and protect.

Question 2

What are constitutional rights?

Answer 2

The rights that are explicitly identified within the Constitution and other amendments.

Question 3

Where is the most notable protection of rights in the Constitution?

Answer 3

The Bill of Rights.

Question 4

What are the adverse effects of rights protection?

Answer 4

In protecting one group, you may do this to the detriment of another.

Obergefell v Hodges 2015 protected rights of the LGBTQ community, but arguably infringed upon the religious community. Kim Davis, a clerk in Kentucky, refused to issue marriage licenses to same-sex couples stating it violated her religious beliefs. She was briefly jailed for this.

Question 5

What is a ‘Living Constitution’ Justice?

Answer 5

Believe in interpreting the text more widely in the context of modern society and expectations.

Question 6

What is a ‘Originalism’ Justice?

Answer 6

See the meaning of the Constitution as fixed at the time of its writing, at least for judicial interpretation. They believe that it does not evolve and interpreting it as evolving undermines the principles codified within it.

Question 7

Why is the power of the Supreme Court to protect rights possibly weaker than initially thought?

Answer 7

They only hear 1% of the cases placed before them, referring those decisions back to the lower courts.
In 2018, they declined to hear an appeal from a florist who refused to make an arrangement for a same-sex couple, shying away from this controversial issue.

Alongside this, they are reliant upon state and federal governments to enforce their rulings.
The cases heard about Guantanamo Bay routinely fell in favour of the defendants, but these decisions were often ignored.

All judicial action from the Supreme Court must be rooted in the Constitution. The Court may find it difficult to protect rights as rulings must be found within Constitutional wording.
The Westboro Baptist Church was protected in the Synder v Phelps case despite being highly offensive and insensitive.

Question 8

How should the Constitution be interpreted?

Answer 8

Living Constitution
* It will become out of date if it is not interpreted in the light of modern developments
* Elected and accountable branches often favour the will of the majority, so interpretation of the Constitution can ensure minority rights are protected
* The Founding Fathers could not have envisaged the world which exists today
* The amendment process is too difficult to allow for the development to allow the development of the Constitution
* Principles of the Constitution can be upheld despite the wording of the doc

Originalist
* The Supreme Court is inherently political, which undermines its ability to check other branches of government
* Changes required should be left to the elected and accountable branches
* The amendment process exists and has been used

Question 9

What are the two terms for how justices act?

Answer 9

• Activist
• Restrained

Question 10

How did Obama describe activist judges?

Answer 10

‘somebody who ignored the will of Congress, ignored democratic processes and tried to impose judicial solutions on problems’

Question 11

What is Judicial Activism?

Answer 11

Making laws or overturning laws based on personal policy preferences rather than strictly interpreting the Constitution, potentially undermining the legislative branch’s role.

Question 12

What is an example of liberal activism?

Answer 12

Obergefell v Hodges.

Created a new policy where same-sex marriage was legalised nationally.

Question 13

What is an example of conservative activism?

Answer 13

Citizens United v FEC.

Allowed money to be seen as an extension of free speech, it embraced conservative ideals which embrace meritocracy and reduced gov. intervention in individuals’ lives.

Question 14

3 arguments against judicial activism + examples

Answer 14

Undermines Democratic Legitimacy
* Allows unelected judges to make policy decisions that should be left to elected representatives. This undermines the democratic process.
* Eg. Roe v. Wade (1973) – Created a constitutional right to abortion instead of leaving the issue to state legislatures.

Leads to Judicial Overreach
* Courts may extend their power beyond constitutional limits, making decisions based on personal or political beliefs rather than legal principles.
* Eg: Obergefell v. Hodges (2015) – Critics claim the Court redefined marriage without constitutional justification, imposing its will on the states.

Creates Legal Uncertainty and Instability
* Frequent reinterpretation of laws and the Constitution can lead to inconsistency, making it harder for citizens and lawmakers to predict legal outcomes.
* Eg: Bush v. Gore (2000) – The Supreme Court’s intervention in the election recount was criticized as an activist decision that undermined judicial neutrality.

Question 15

3 arguments against judicial restraint + examples

Answer 15

Allows Injustice to Persist
* If courts strictly adhere to precedent and avoid intervention, they may uphold unjust or outdated laws. Judicial activism is sometimes necessary to correct systemic wrongs.
* Eg: Brown v. Board of Education (1954) – The Supreme Court overturned Plessy v. Ferguson (1896) and ended racial segregation, rejecting judicial restraint in favor of justice.

Fails to Check Legislative and Executive Power
* Judicial restraint may allow the government to pass unconstitutional laws or infringe on rights without proper checks. Courts must actively ensure constitutional limits.
* Eg: Korematsu v. United States (1944) – The Court upheld Japanese-American internment during WWII, deferring to the executive branch rather than protecting individual rights.

Leads to Rigid and Outdated Legal Interpretations
* Societal values and needs evolve, and strict adherence to historical interpretations can prevent necessary legal progress.
* Eg: Dred Scott v. Sandford (1857) – The Court ruled that African Americans could not be U.S. citizens, relying on outdated legal interpretations instead of adapting to changing values.

Question 16

What is stare decisis?

Answer 16

A judicial principle meaning ‘let the decision stand’.

Where possible, justices should refer and adhere to previous Court rulings.

(Associated with judicial restraint)

Question 17

What is an example of liberal restraint?

Answer 17

Planned Parenthood v Casey

Upheld the right to an abortion which had been given by the previous court.

Question 18

What is an example of conservative restraint?

Answer 18

Plessy v Ferguson

Upholding the racial segregation of public facilities, allowing democratic institutions to make changes.

Question 19

What are the criticisms of judicial activism?

Answer 19

• The Supreme Court is unelected.
• The Supreme Court strikes down Acts of Congress with limited checks on its own power, breaching the separation of powers.
• The Supreme Court can strike down state laws, ignoring the constitutional principle of federalism.
• The Court can overrule its own decisions, even when the Constitution has not changed. Suggests the court is acting politically.
• Judicial review interprets the Constitution, meaning there are few effective checks on the Court’s power.

Question 20

What are the criticisms of judicial restraint?

Answer 20

• Elected branches often shy away from dealing with controversial topics due to the short election cycle, or focus only on the will of the majority
• The codified constitution would be highly outdated if it had not been interpreted in reference to modern issues
• The power of judicial review can be implied in the Constitution, so the court should act to limit the gov.

Question 21

What are the main checks and balances on the Court?

Answer 21

• The only power is judicial review, but it only hears around 80 cases a year.
• The President appoints justices
• Congress can in theory alter the number of justices or pass a constitutional amendment to overturn a Court decision

Question 22

How are the main checks and balances on the Court weakened?

Answer 22

• The President must wait for a vacancy to arise before he can appoint a justice
• Congress has not changed the number of justices since 1869 or overturned a Court decision since 1913

Question 23

What is an imperial judiciary?

Answer 23

A judiciary which is overly powerful due to a lack of checks and balances placed on its power.

Question 24

Is the Supreme Court an ‘imperial judiciary’? (Yes)

Answer 24

• Court is unelected and yet is almost entirely unaccountable.
• In theory, justices can be impeached but it almost never happens.
• The power of judicial review is almost impossible to overturn, only happening once in 1913.
• Decisions can overturn laws and actions from accountable branches who also have an electoral mandate.
• Decisions have gone far beyond the original text of the Constitution.
• 8000 cases are brought before the Court each year, giving it a vast choice on what to rule on.

Question 25

Is the Supreme Court an 'imperial judiciary'? (No)

Answer 25

* The Court has no method to enforce its rulings. * The Court cannot choose cases to investigate if they have not been brought before it. * The Court's rulings can be overturned by constitutional amendment. * The Court has shied away from hearing cases where public opinion is divided. * The Constitution is the biggest limit on the Supreme Court.

Question 26

Is the Supreme Court judicial or political? (Judicial)

Answer 26

* The Supreme Court can only take cases with a constitutional basis. * Members of the Court have legal rather than political experience. * The Court lacks powers to enforce their decisions. * Upwards of 2/3s of cases are decided by a majority of more than five justices. * The Court often adheres to legal principles such as stare decisis.

Question 27

Is the Supreme Court judicial or political? (Political)

Answer 27

* The impact of many rulings is inherently political. * The appointment process to the Supreme Court is inherently political. * Justices are identified and labelled as 'liberal' or 'conservative'. * The Court accepts amicus curiae briefs. * The Court tends to shy away from more controversial cases (gerrymandering, gun control etc.) * Decisions change without any constitutional change. (Roe v Wade passing then overturning)

Question 28

What is Judicial Restraint?

Answer 28

When a justice sees their role on the Supreme Court in a far more limited fashion. They believe that, where possible, they should alow the policy created by Congress and the president to stand.

Question 29

Set out 3 cases ruled on by the US Supreme Court regarding the issues of **Foreign policy or due process (Guantanamo)** - how did the court find in each case and what were the consequences of these decisions

Answer 29

**Rasul v Bush (2004)** * Foreign detainees in Guantánamo can petition the federal government for habeas corpus, reviewing the legality of their detention * The British men involved in this case were transported ot the UK before the decision was handed down **Hamden v Rumsfeld (2006)** * Using military commissions to try detainees in Guantánamo Bay was unconstitutional, as were congressional Acts or presidential actions authorising them * The detainees could still be tried but must be tried by a court. It led ot the passing of the Military Commissions Act 2006 ot authorise the use of military commissions ni Guantánamo Bay and overcome the Supreme Court ruling **Boumediene vBush (2008)** * Detainees ni Guantánamo Bay have a right ot try their cases ni the US courts, and the Military Commissions Act 2006 was unconstitutional * This not only struck down a congressional Act, it also asserted the Court's right ot rule over presidential actions ni this policy area

Question 30

2 cases ruled on by the US Supreme Court regarding the issue of **Healthcare** - how did the court find in each case and what were the consequences of these decisions

Answer 30

**NFIB v. Sebelius (2012)** * Ruling: Upheld the ACA’s individual mandate as a tax but struck down mandatory Medicaid expansion. * Preserved the ACA but allowed states to opt out of Medicaid expansion, creating coverage gaps. **King v. Burwell (2015)** * Allowed federal subsidies for health insurance under the ACA, even in states without their own exchanges. * Protected healthcare access for millions, preventing a collapse of the ACA’s insurance market.

Question 31

3 cases ruled on by the US Supreme Court regarding the issues of **Elections and election spending** - how did the court find in each case and what were the consequences of these decisions

Answer 31

**Bush v. Gore (2000)** * The Court stopped the Florida recount, effectively deciding the presidential election in favor of George W. Bush. * Raised concerns about judicial involvement in elections and set a precedent for handling disputed elections. **Citizens United v. FEC (2010)** * Struck down limits on independent political spending by corporations and unions, ruling that such spending is protected as free speech under the First Amendment. * Led to the rise of Super PACs and significantly increased the influence of money in politics. **Shelby County v. Holder (2013)** * Invalidated a key part of the Voting Rights Act, removing federal oversight of election laws in certain states. * Led to new state-level voting restrictions, including voter ID laws, raising concerns about voter suppression.

Question 32

2 cases ruled on by the US Supreme Court regarding the issue of the environment - how did the court find in each case and what were the consequences of these decisions

Answer 32

**Massachusetts v. EPA (2007)** * The Court ruled that the Environmental Protection Agency (EPA) has the authority to regulate greenhouse gases under the Clean Air Act. * Forced the EPA to regulate carbon emissions, leading to stricter environmental policies and climate change regulations. **West Virginia v. EPA (2022)** * The Court limited the EPA’s power to regulate carbon emissions from power plants without clear congressional authorization. * Weakened federal climate regulations, shifting responsibility to Congress and the states for setting emissions policies.

Question 33

Set out 2 cases ruled on by the US Supreme Court regarding the **1st amendment (free speech)** - how did the court find in each case and what were the consequences of these decisions

Answer 33

**Schenck v. United States (1919)** * The Court upheld restrictions on speech that presents a "clear and present danger," ruling against Schenck, who distributed anti-draft leaflets during WWI. * Established the "clear and present danger" test, allowing limits on speech during wartime but later refined by subsequent rulings. **Citizens United v. FEC (2010)** * The Court struck down limits on corporate and union political spending, ruling that such spending is protected as free speech under the 1st Amendment. * Led to the rise of Super PACs and increased the influence of money in elections, sparking debates over campaign finance reform.

Question 34

2 cases ruled on by the US Supreme Court regarding the **2nd amendment (gun control) **- how did the court find in each case and what were the consequences of these decisions

Answer 34

**District of Columbia v. Heller (2008)** * The Court ruled that the 2nd Amendment protects an individual’s right to own firearms for self-defense, striking down Washington, D.C.'s handgun ban. * Established gun ownership as a personal right, limiting strict gun control laws but not addressing state regulations. McDonald v. Chicago (2010) * The Court ruled that the 2nd Amendment applies to state and local governments, striking down Chicago’s handgun ban. * Expanded gun rights nationwide by preventing states from enacting strict firearm bans, reinforcing Heller’s precedent.

Question 35

2 cases ruled on by the US Supreme Court regarding the **4th amendment (searches)** - how did the court find in each case and what were the consequences of these decisions

Answer 35

**Mapp v. Ohio (1961)** * The Court ruled that evidence obtained through illegal searches and seizures (without a valid warrant) cannot be used in court, applying the exclusionary rule to state governments. * Strengthened protections against unlawful searches, requiring police to follow proper procedures or risk having evidence thrown out. **Riley v. California (2014)** * The Court ruled that police must obtain a warrant before searching a suspect’s cellphone, as digital data is protected under the 4th Amendment. * Limited warrantless searches in the digital age, ensuring stronger privacy protections for personal electronic devices.

Question 36

2 cases ruled on by the US Supreme Court regarding the **5th amendment (right to silence) **- how did the court find in each case and what were the consequences of these decisions

Answer 36

**Miranda v. Arizona (1966)** * The Court ruled that suspects must be informed of their rights before interrogation, including the right to remain silent and the right to an attorney. * Established the Miranda warning, requiring law enforcement to advise suspects of their rights, shaping modern police procedures. **Salinas v. Texas (2013)** * The Court ruled that simply remaining silent is not enough to invoke the 5th Amendment; a suspect must explicitly state their right to remain silent. * Limited the protection of the right to silence, making it necessary for individuals to clearly invoke their 5th Amendment rights to prevent self-incrimination.

Question 37

Set out 2 cases ruled on by the US Supreme Court regarding the **8th amendment (cruel and unusual punishment) **- how did the court find in each case and what were the consequences of these decisions

Answer 37

**Furman v. Georgia (1972)** * The Court ruled that the death penalty, as applied at the time, was arbitrary and discriminatory, violating the 8th Amendment. * Temporarily halted the death penalty nationwide until states reformed their sentencing guidelines to make capital punishment more consistent. **Atkins v. Virginia (2002)** * The Court ruled that executing individuals with intellectual disabilities violates the 8th Amendment. * Led to bans on executing intellectually disabled individuals, requiring states to adjust their death penalty laws accordingly.

Question 38

Set out 3 cases ruled on by the US Supreme Court regarding the **14th amendment **- how did the court find in each case and what were the consequences of these decisions

Answer 38

**Brown v. Board of Education (1954)** * The Court ruled that racial segregation in public schools violated the Equal Protection Clause of the 14th Amendment. * Overturned Plessy v. Ferguson (1896), ending "separate but equal" and leading to school desegregation and the Civil Rights Movement. **Roe v. Wade (1973)** * The Court ruled that the right to privacy, protected by the Due Process Clause of the 14th Amendment, included a woman’s right to have an abortion. * Legalized abortion nationwide until Dobbs v. Jackson Women’s Health Organization (2022) overturned it, returning abortion regulation to the states. **Obergefell v. Hodges (2015)** * The Court ruled that same-sex marriage bans violated the Equal Protection and Due Process Clauses of the 14th Amendment. * Legalized same-sex marriage across the U.S., ensuring marriage equality for LGBTQ+ couples.