Nature and Role of the SC USP

Question 1

what did the judiciary act of 1869 do

Answer 1

set the number of supreme justices to nine

Question 2

what did the judicial reform Bill 1937 do

Answer 2

• aimed to add more justices to Supreme Court
• ‘court packing’ is the term

Question 3

why was FDR’s ‘court packing’ controversial

Answer 3

• judicial independence
• separation of powers
• was not underlined in constitution

Question 4

what are the primary roles of the SC

Answer 4

• final court of appeal
• interprets constitution through judicial review
• creates legal precedents
• protects liberties and rights of people
• checks powers of legislature and executive

Question 5

how is the judiciary kept independent

Answer 5

• lifetime appointments
• appointment process
• salary protection
• can only be impeached if conducted ‘treason, bribery, or other high crimes and misdemeanours’
• control case selection
• JUDICIAL REVIEW
• separation of powers

Question 6

how has judicial independence been questioned recently in the US

Answer 6

• confirmation process is a media circus (Brett Kavanaugh/ Clarence Thomas and SA claims)
• chosen more for political ideologies rather than expertise

Question 7

how has the SC been granted judicial review

Answer 7

• through constitution
• MADISON vs MARBURY
• FLETCHER vs PECK
• declares actions of either branch going against the constitution

Question 8

explain how judicial review was used in DOBBS vs JACKSON WOMEN’S HEALTH ORGANISATION 2022

Answer 8

• SC reinterpreted constitution saying it was not a constitution right to have an abortion
• overturned judicial precedents such as ROE vs WADE and PLANNED PARENTHOOD vs CASEY

Question 9

explain how judicial review was used in BROWN vs BOARD OF EDUCATION

Answer 9

• used power to end racial segregation
• overturned previous ‘separate but equal’ from PLESSY vs FERGUSON

Question 10

arguments FOR the supreme court using judicial review

Answer 10

• all laws align with constitution
• safeguards individual rights
• critical check on branches
• allows constitution to change with time

Question 11

arguments AGAINST the supreme court using judicial review

Answer 11

• not mentioned in constitution
• too much power in judiciary and can be argued as judicial overreach
• unelected and undemocratic
• heavily relies on personal interpretation

Question 12

what was DEPARTMENT OF STATE vs AIDS VACCINE

Answer 12

• 2025
• overturned executive order that paused all foreign aid for 3 months
• Chief Justice Roberts and Amy Coney Barrett joined 3 liberal justices
• $2B in foreign aid passed by congress

Question 13

how was the courts involved with trump2 in concerns to venezuelans

Answer 13

• trump2 ignored judicial directive to halt flights of Venezuelan gang deportees
• still invoked Alien Enemies Act via executive order

Question 14

how was judicial independence been put into jeopardy VERY RECENTLY

Answer 14

• Justice Samuel Alito criticised for flying flag upside down = associated with ‘stop the steal’ (trump’s ‘stolen’ election)