Justice of the Supreme Court Flashcards

(44 cards)

1
Q

Since when has the number of justices, 9, remained unchanged?

A

1869

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2
Q

What is the phrase for the Justice being office holders?

A

They hold office for life “during good behaviour”

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3
Q

What is the appointment of a justice a way for the president to create?

A

A legacy

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4
Q

What is the average frequency with which the President is able to appoint a Justice?

A

2 years

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5
Q

How many did Obama appoint?

A

2

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6
Q

Who made no appointments?

A

carter

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7
Q

Between which two years were no appointments made?

A

1994 and 2005

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8
Q

What are the first two steps of the nomination process?

A

1) Presidential aides draw ups candidate shortlist and candidates are subject to rigorous interviews and a background check by the FBI
2) President then announces his choice at a public gathering at the white house

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9
Q

What happens after the president announced his choice at the white house?

A

American Bar Association offer rating on the qualification

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10
Q

What shows the importance of the American Bar Association?

A

Clarence Thomas is the only nominee to have survived anything less than a ‘well qualified’ rating. He got ‘qualified’

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11
Q

What do the Senate Judicial committee vote on after they have held a hearing?

A

Whether to recommend the nomination

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12
Q

What kind of majority is needed on the senate floor to confirm the appointment?

A

Simple majority

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13
Q

What are the four pools of appointment?

A

1) federal appeals court
2) state courts
3) academia
4) executive branch

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14
Q

Which nominee came from the federal appeals court pool?

A

Sonia Sotomayor

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15
Q

Form which two pools did Elena Kagan come from?

A

Executive branch and academia

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16
Q

What is the ranking of the court of appeal that means that they are a pool of recruitment?

A

Tier below the supreme court

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17
Q

What about the fact that the court of appeal is the tier below the supreme court makes the justices strong potential appointees?

A

They will ahem had experience of all major cases that will have been passed to the supreme court

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18
Q

States have their own what (2) for recruitment to the supreme court?

A

State supreme courts and courts of appeal

19
Q

Why does the fact that each state has their own supreme court and court of appeal mean that they are good pools of recruitment?

A

They will have expertise with dealing with constitutional cases as each state has its own constitution

20
Q

Who were the two Bush successful appoitnemtns and the one who withdrew?

A

john roberts
Samuel Alito
and Harriet Mires withdrew

21
Q

Fundamentally, Harriet Mires was too close to who?

22
Q

Why was Mires too close to Bush?

A

She had headed the Texas state lottery and headed campaigns for him in 2000 before becoming his White House counsel

23
Q

When was Mires nominated and who was she nominated to replace?

A

2005 nominated to replaced sandra day o’conner

24
Q

what did Mires lack any form of?

A

Judicial experience

25
why was Mires bad from the perceptive of the GOP?
Republicans doubted her understanding of constitutional law
26
Why was Mires bad from the perceptive of the Democrats?
They thought she was only nominated because of her friendship with Bush
27
How did Roberts claim to see his role?
That of an umpire
28
What did Roberts say about himself?
I have no platform, judges are not politicians
29
Who was Samuel Alito replacing and what was the ideological difference?
Samuel Alito was known conservative replacing centrist O'Connor
30
Who are the two Obama Appointments?
Sonia Sotomayer and Elena Kagan
31
Who did Sonia Sotomayer replace?
The surprisingly liberal David Souter, a Bush senior appointee
32
Who did Elena Kagan replace?
The liberalish John Paul Stevens, appointed by ford
33
How many potential justices have the senate ever rejected?
12 since 1789
34
Who was the most recent rejection?
Robert bark in 1987
35
Who are the two nominees that Nixon lost in two years?
Haynsworth 1969 | Carswell 1970
36
What would a president look for in a judge?
Someone who shares their judicial philosophy
37
How does a loose constructionist relate to the framers?
looks at the intent of the framers then tries to apply that in the context
38
How does a strict constructionist relate to the framers?
focus on the text and language of the framers
39
For a loose constructionist, what is the key to interpretation?
Looking at the law's spirit, purpose and essence, not the exact letter of the law
40
Which type of constructionist has a better reputation for safeguarding individual liberties?
Loose
41
Which type of constructionist has a tendency to favour state government over federal government?
Strict
42
The principles of the constitution are what to a strict constructionist?
Fixed
43
Give an example of a swing justice?
Anthony kennedy
44
The court's division over which case demonstrates the split between loose and strict constructionists?
1995 Adarand vs Pena