SC Too Political Flashcards

(6 cards)

1
Q

Yes, judicial review enables it to interpret the constitution and create “ interpretive amendments “

A

-( obergefel v hodges )
- (bucklew v precylthe) 8th amendment “cruel and unusual”
- more political, quasi legislative body

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2
Q

No, independence enshrined into A3

A
  • security of tenure, appt for life
  • go against the ideology of the president who appointed them
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3
Q

Judicial review political, makes decisions on areas parties cannot agree on due to polarisation

A
  • (Grutter), school admissions constitutional because it took an individualised approach, race and grades
  • ( Fisher v Texas ) recognise benefits of diversity for unis
  • don’t always uphold precedent
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4
Q

Swing justices, split evenly, decisions based in law

A
  • write majority minority decisions explaining judgement
  • Kennedy joined loose c when writing maj opinion in Obergefell deciding equal protect clause applied to same sex marriage
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5
Q

Quasi legislative thru judicial review

A
  • acts and actions
  • roe v wade and dobbs
  • dc v heller right to bear arms applied to everyone
  • criticised as they expand rights
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6
Q

SoP means judges do not involve themselves in politics

A
  • can’t be member of party or donate or run for office
  • senate judiciary comm gets all noms to ensure suitability
  • candidates seen as too political would not pass
  • ## can be impeached if broke rule, has never
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