4 - US Judiciary Flashcards
(12 cards)
Key Facts?
- 9 Justices
- One chief justice (John Roberts)
- Office for life
- Chosen by President and confirmed by Senate
- Judicial Review
Nomination Process?
1) President Team draws up list
2) Background-checked by FBI + White House (e.g. Anthony Kennedy interrogated for 10 hours)
3) Nominee considered by Senate Judiciary Committee + vote
4) Senate Vote
Is the appointment process good?
1) Detailed scrutiny
2) Check on executive power
3) Expertise of Senate Judiciary Committee
Is the appointment process bad?
1) Politicised appointments
2) Senate Judicial Committee questioning may be too political
3) Presidential Senate control could reduce scrutiny
Two important constitutional roles?
1) Interpreting the Constitution
2) Protecting citizens’ rights
Importance of Judicial Review?
- Marbury v Madison (1803) – First strike- down of act
- US v Texas (2016) – Ruled against Obama order delaying deportations
- Boudemiene v Bush (2008) – Ruled that detained terrorists had right to challenge detentions
Importance of protecting civil rights & liberties?
- Roe v Wade (1973)
- Obergefell v Hodges (2015)
- DC v Heller (2008) - Can’t just ban guns
- Citizens United v FEC (2010) - Donations are free speech
How is the Supreme Court too political?
1) Appointments process
2) Judicial Activism
3) “Quasi-legislative”
How is the Supreme Court not too political?
1) Based on legal principles
2) Congress can check power
3) Neutral judges
How does structural theory affect the Judiciary?
1) Security of tenure
2) Constitutional v Parliamentary soveriegnty
3) Appointments
How does cultural theory affect the Judiciary?
1) Prized rule of law + independence
2) SCOTUS contributes to “culture war” in US
3) UKSC more limited and defers to Parliament
How does rational theory affect the Judiciary?
1) US much more political
2) Nominees censured by people with their own political goals
3) Both Presidents and PMs have wanted to reform judiciary for their own benefit
