interpretations and debates over supreme court and civil rights USP Flashcards
(20 cards)
by how many votes did Justice Antonin Scalia get in with
98-0
how has the roberts court shifted in terms of political ideologies
moved more towards judicial activism
in 2023, how was the supreme court seen as political
- struck down Biden’s student loan forgiveness plan = influence national policy
- political changes happen mostly through supreme court
how did the living constitution impact the 14th AMENDMENT
- OBERGEFELL vs HODGES
- ROE vs WADE
how did the living constitution impact the 4th AMENDMENT
- RILEY vs CALIFORNIA (can’t seize telephone during arrest)
how did the living constitution impact the 1st AMENDMENT
- BOSTOCK vs CLAYTON COUNTY (can’t discriminate based on sexual orientation and gender indentity)
how did the orignalism impact the 1st AMENDMENT
- CITIZENS vs FEC
how did the orignalism impact the 10th AMENDMENT
- SHELBY COUNTY vs HOLDER
how did the orignalism impact the 14th AMENDMENT
- DOBBS vs JACKSON overturning ROE vs WADE
rights are protected by interest groups
- BLM (Assembly Bill 392/ attempted George Floyd Justice in Policing Act)
- NRA (preventing Obama’s gun laws reforms after sandy hook massacre)
arguments that rights ARE effectively protected by government and congress
- voting rights act 1965
- ACA
- Women’s Health Protection Act of 2023
arguments for that the supreme court’s judicial overreach has too much power
- judicial activism is judicial overreach (overturning of ROE vs WADE)
- 9 unelected judges
- influenced by political motivations
- constitution is no longer sovereign, the supreme court is
how can affirmative action be seen as a success
- increased diversity
- tackles prejudice
- promotes workplace diversity
- promoting equal opportunity
how can affirmative action be seen as a failure
- supreme court ruled against affirmative action in STUDENTS FOR FAIR ADMISSIONS vs HARVARD
- reverse discrimination
- stigmatisation of beneficiaries
- racial tensions
how has promotion of racial equality by congress been seen as a success
- voting rights act 1965
- improved representation in congress
- higher african american turnout
- BLMs impact on congressional actions
how has promotion of racial equality by congress been seen as a failure
- SHELBY COUNTY vs HOLDER (overturning that federal government has to monitor gerrymandering)
- still a white man field
- suppression of black voters in 2020
- BLM couldn’t pass George Floyd Justice in Policing Act
explain DACA
- defered action for childhood arrivals
- temporarily granted relief from deportation for DREAMers
- DACA accpted 845,000 application in june 2016
- DREAM act attempted to provide pathway to citizenship for eligible migrants
- failed to pass senate
how was imigration during biden’s presidency
- May 22 = 224,000 monthly net migration
- December 23, US border control recorded 250,000 migrant encounters (MONTHLY RECORD)
how can immigration reform be seen as a success
- provided educational and employment opportunities
- equitable treatment of migrants
how can immigration reform be seen as a failure
- DREAM act was failure
- Biden struggled to manage influx
- inhumane treatment of asylum seekers
