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
2
Q
No, independence enshrined into A3
A
- security of tenure, appt for life
- go against the ideology of the president who appointed them
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
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
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
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