4.1, 4.2, 4.3- the supreme court

Question 1

what was the case that extended the power of judicial review to states?

Answer 1

1810 Fletcher v Peck

Question 1

what was the case that created judicial review?

Answer 1

1803 Marbury v Madison

Question 2

what are the characteristics that secure the SC independence?

Answer 2

• separation of powers
• appointments are made using both the president and the senate
• can only be removed from office by impeachment
• salary cannot be lowered

Question 3

what article protects the salary of incumbent justices?

Answer 3

article 3

Question 4

Give an example that may suggest a lack of independence of justices.

Answer 4

• Justice Clarance Thomas has taken 3 trips hostel by Harlan Crow (billionaire republican donor)

Question 5

How many petitions does the Supreme Court receive a year, and how does this compare to the number of cases it hears?

Answer 5

• receive around 7000 petitions a year
• hear around 100-150

Question 6

Give an example of when it could be argued the Supreme Court made a political decision.

Answer 6

2000 Bush v Gore
- the supreme court blocked a recount of presidential votes in Florida on the grounds of the equal protection clause
- the ruling was 5-4

Question 7

Explain how it could be argued that Roosevelt used the bull pulpit to change a Supreme Court decision.

Answer 7

• Roosevelt was defeated many times
• he tried to implement the Judicial Procedures and Reform Bill (1936), which would allow him to appoint 6 justices for everyone over 70
• seen as an attempt to secure favourable rulings

Question 8

Give an example of a unanimous decision by the Supreme Court.

Answer 8

Brown v BOE (1954), ruled that segregation in schools was unconstitutional

undermined the seperate but equal doctrine in plessy vs ferguson

Question 9

Give an example of when a president was given undue influence over the ideology over the court. compare this to obama.

Answer 9

• trump promised to use appointments to overturn roe v wade
• due to luck he was able to appoint 3 juctices
• in obamas 8 years he was only able to appoint 2 juctices.

Question 10

Give an example of when an appointment had very little bipartisan support.

Answer 10

• Senate vote on Brett Kavanaugh
• one democrat voter for - joe manchin
• one republican voted against - Lisa Murkowski

Question 11

How does the ranking of S.C. nominees suggest that the candidates are well-appointed?

Answer 11

• the American Bar Association has not rated anyone in the court to be unqualified
• most were rated well well-qualified

Question 12

Give an example of a justice who has switched ideological stances while on the court.

Answer 12

Earl Warren

Question 13

what do loose constructionists believe?

Answer 13

• the constitution is a living document, the vagueness works to its benifit

Question 14

what are the criticisms of the supreme court appointment process?

Answer 14

• appointments are increasingly political, presidents appoint juctices who align with their view
• members of the senate judicial committee of the same party to the president conduct weak questioning
• members of the senate judicial committee of the opposing party try to attack or embarrass the nomenee rather than peform effective quetstioning

Question 15

give two examples that could be used to show that the supreme court has become a quazi legislative body.

Answer 15

• roe v wade 1973
• obergefell v hodges

had effects comparible to abortion/ same sex marriage laws being passed by congress

overturned many state laws

Question 16

what is judicial activism and judicial restraint?

Answer 16

• judical activism: overturns desisions of other branches, sees itself as an equal partner to other branches
• judicial restraint: defers to other branches, respects presedent

Question 17

what are the arguments that the supreme court is a political institution?

Answer 17

• appointed by president
• confirmation by politicians (senators)
• makes desisions over which there is often a partisan divide
• its desisions have a quasi-legislative effect

Question 18

what are the arguments that the supreme court is not a political institution?

Answer 18

• the court is independent, not subject to politcal pressure
• juctices having an ideological leaning is not the same as party affiliation
• confirmed by the senate, need bipartisan support

Question 19

what are the arguments that the supreme court has too much power?

Answer 19

• can strike down acts of congress
• it is unelected an unaccountable
• the constitution is vague, allowing for significant interpretation by juctices

Question 20

what are the arguements that the power of the SC is highly limited?

Answer 20

• congress can initiate ammendments that can overide court desisions
• congress can impeach
• no initiative power

Question 21

what are the differences between the UK and US supreme court?

Answer 21

• UK SC was created through an act of parliament
• UK SC for a long time was fused with the legislative as the apelate court in the lords
• the UK court system has developed significantly, in the US it was created when the constitution was created
• UK SC is appointed by the judicial appointments commision and the SOS for juctice
• US SC can strike down acts as unconstitutional

Question 22

name a justice who was appointed during divided government.

Answer 22

antonin scalia
- was confirmed 98-0

Question 23

give an example of a justice who was rejected due to a lack of experience.

Answer 23

• Harriet Miers
• appointed by G.W bush in 2005
• rejected by the Senate due to concerns about her lack of experience as a judge
• she had previosly been in the cabinet
• The Senate was Republican at the time

Question 24

what was the name of the juctice the senate refused to vote on?

Answer 24

• Merrick Garland
• appointed by Obama
• 2016

Question 25

give an example of the supreme courts lack of initiative power.

Answer 25

DC v heller 2008 upheld that the second ammendment allows for the individual right to own a fire arm. Debates over this constitutional protection were prevelant in the weeks before this.

Question 26

what is the name of the committee used to scrutinse supreme court appointments.

Answer 26

the senate judiciary committee

Question 27

give an example of a more liberal court. what are some desisions this court made?

Answer 27

warren court
- brown vs BOE
- miranda vs arizona (Mandated individuals be told their miranda rights)

Question 28

what is the name of the current supreme court? name some desisions it has made.

Answer 28

the roberts court
- dobbs vs jackson
- citizens united vs FEC
- students for fair admissions vs harvard
- DC vs Hellar 2005
- shelby county vs holder

Question 29

what are the arguments for judicial activism?

Answer 29

• adapts the constitution to changing times
• protects rights- minorities may lack the power to implement legislative change
• helps to fill legislative gaps
• allows to correct previos mistakes

Question 30

what are the arguments against judicial activism?

Answer 30

• undermines the seperartion of powers- quasi legislative
• leads to instability is precendent isnt respected
• encorages judicial bias and subjectivity

Question 31

give an example of juctice roberts behaving with judicial restraint.

Answer 31

in the 2016 case, whole womens health vs hellerstedt roberts voted to uphold texas’ restrictions on abortions

however in a similar case (june medical services vs russo) in 2020 he sided with liberal juctices and voted to strike down a similar louisiana bill based on a respect for precedent