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Supreme Court Flashcards

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1
Q

What is the Judicial system in the US?

A

Supreme Court
13 courts of appeal (Circuit)
94 trial courts (District)

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2
Q

What % of cases does the Supreme Court hear?

A

4%

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3
Q

How are Supreme Court Justices appointed?

A

Nominated by President and confirmed by a simple majority in the Senate

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4
Q

What is the nuclear option?

A

Filibusters can no longer be used in the confirmation process, meaning the 60 votes to overrule is no longer necessary

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5
Q

Which SCJ resigned in 1968 so as to avoid Impeachment?

A

Abe Fortas

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6
Q

Who is currently on the Supreme Court

A 
John Roberts
Samuel Alito
Clarence Thomas
Sonia Sotomayor
Elena Kagan
Ruth Bader-Ginburg
Anthony Kennedy
Stephen Breyer
Neil Gorsuch
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7
Q

What is a strict constructionist approach, and what do they tend to favour?

A

Justice of the Supreme Court who interprets the Constitution in a strict, literal of conservative fashion

Favour state rights over the federal government power

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8
Q

What is a loose constructionist approach, and what do they favour?

A

Justice of the Court who interprets the Constitution in a loose or liberal fashion

Tend to favour the power of the federal government over state rights

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9
Q

What is Judicial Activism?

A

Making decisions which hold that a judge should use their power to promote desirable social ends

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10
Q

Give two examples of activist courts?

A

Warren Court - Brown vs Board 1954

Burger Court - Roe vs Wade 1973

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11
Q

What is judicial restraint?

A

The idea that a judge should defer power to the legislative and executive branches, and should put great emphasis on precedence established previously

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12
Q

What kind of court is more likely to declare an Act of Congress unconstitutional?

A

A judicially active court

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13
Q

How many justices did Clinton and Bush Jnr appoint?

A

2 each

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14
Q

How many vacancies were there between 1995 and 2004?

A

0

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15
Q

Why are Supreme Court nominations so important?

A

The justice tends to out serve the President

Eg. Nixon left office in 1974, died in 1994. Rehnquist served until 2005

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16
Q

What are the 3 key pools of recruitment for Supreme Court Justices?

A

Department of Justice
State Courts
Federal Courts of Appeals

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17
Q

How many of the current Justices come from the circuit courts?

A

8, only Kagan isn’t

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18
Q

What court of appeals did Neil Gorsuch come from?

A

10th

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19
Q

From which state court was Sandra Day O’Connor from?

A

Arizona in 1981

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20
Q

What was Kagans job when appointed in 2010?

A

Solicitor General at the Department of Justice

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21
Q

When did Trump announce Neil Gorsuch as his appointment?

A

31st January 2017

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22
Q

Before which committee does a nominee appear?

A

Senate Judicial Committee

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23
Q

Why is the Senate hearing so important?

A

If it goes badly the candidate may have to withdraw

Harriet Miers withdrew is 2005 after Republican opposition

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24
Q

How does the Senate Commitee pass the candidate to the floor?

A

Makes a recommendatory decision that’s normally quite accurate
Bork (5-9) - 42-58
Gorsuch (11-9) - 55-45

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25
How many nominee has the Senate rejected, and who was the most recent?
12 | Robert Bork
26
Who was Sotomayor appointed to replace and when?
David Souter, May 2009
27
Why were Republicans keen not to reject Sotomayor? [2]
Didn't want to be seen to be rejecting a Hispanic nominee | Had similar philosophy to Souter so didn't change the balance of the court
28
How did the Committee vote on Sotomayor, and how did the Senate vote?
13-6 | 68-31
29
Why was Kagans nomination key? [2]
At the age of 50, she was the youngest member of the court | First time the court included 3 females
30
How did the Committee vote, and how did the Senate vote?
13-6 | 63-37
31
How does the President politicise the nomination process? [2]
Choose candidates with a similar political philosophy to them Choose candidates with similar stances on key constitutional issues
32
How does the Senate politicise the nomination process? [3]
Presidents party often pose soft questions that aren't challenging Opposition party tend to seek to find opportunities for attack - Thomas accused of sexual harassment Justices requently confirmed on party lines - only 3 democrats voted for Gorsuch
33
How was the media criticised with the Clarence Thomas hearings?
Rather than an informed debate about philosophy and qualification, it became a competition between media outlets about who could come up with the most tasteless details about false accusations
34
Why are Supreme Court nominations so important? [5]
Only 9 members so Justices play a much bigger individual role than congressmen Judicial review is extremely important Court has final say on key constitutional issues Appointments are for life Occur highly infrequently
35
What is Judicial review?
Power of the Supreme Court to declare acts of Congress, or actions by the executive branch, unconstitutional and therefore null and void
36
How was Judicial Review established?
1803 Marbury vs Madison | First time an act of congress was declared unconstitutional
37
What does Judicial review allow? [2]
Court can update the meaning of words or clauses of the Constitution Can act as a guarantor of fundamental civil rights and liberties
38
What are civil rights?
Positive Acts of Government designed to protect people against discriminatory treatment by government or individuals
39
What are two key clauses that the Court act on?
Equal Protection clause - protects individual rights, ends school segregation etc. Due Process clause - limited government. Laws can't be unconstitutional
40
What does the 1st amendment state about Freedom of Religion?
Congress shouldn't establish a state religion - means that the Court can't establish a state religion, but also can't hinder a citizens right to practice their religion freely
41
What three cases relate to prayer in public schools?
1962 Engal vs Vitale - New York law that provides a prayer for use in schools unconstitutional 1963 Abington vs Schempp - Schools can't recite passages of the bible 1992 Lee vs Weismann - prayers at school graduations also unconstitutional
42
What 4 key cases relate to Freedom of Speech?
Buckley vs Valeo 1976 - Presidential spending limits unconstitutional Citizens vs FEC 2010 - unlimited expenditure by businesses, Super PACS Reno vs ACLU 1997 - putting indecent material of minors on the Internet was a crime Synder vs Phelps 2011 - protesters can protest at military funerals
43
What 3 key murders created national concern about the 2nd amendment?
JFK (1963) Robert Kennedy (1968) MLK (1968)
44
What did 1995 US vs Lopez declare?
1990 Gun Free Schools Zone act unconstitutional | - had made it illegal to knowingly carry a firearm in a school zone
45
What was the 2008 DC vs Heller ruling?
Declared unconstitutional a ban on handguns in DC
46
What was Caetano vs Massachusetts 2016?
Vacated a Massachusetts conviction of a women who carried a stun gun in self defence
47
What's the 5th amendment?
Right to remain silent
48
What 3 key cases relate to the 5th amendment?
Miranda vs Arizona 1966 - should be reminded of such right when arrested Dickerson vs US 2000 - even if Miranda rights weren't read, a voluntary statement given could be used in court Bergius vs Thompkins 2010 - suspect must state they intend to remain silent, can't just not speak
49
What is the 8th amendment?
Freedom from cruel and unusual punishment
50
What are three key cases related to the 8th amendment?
Furman vs Georgia 1972 - death penalty unconstitutional. Led to increased use of lethal injection Atkins vs Virginia 2002 - execution of mentally disabled unconstitutional. 20 of 38 states that allow death penalty allowed it Roper vs Simmons 2005 - can't sentence someone to death for a crime they committed under the age of 18
51
What are the three areas that the 14th amendment covers in relation to racial minorities?
Segregation Affirmative Action Racial Quotas
52
What was the issue with Brown vs Board?
Only addressed de jure segregation, as a result of state legislatures Didn't address de facto segregation, due to neighbourhood schooling - Charlotte vs Swann 1971 led to introduction of school busing
53
What are the two key cases relating to abortion rights?
1973 Roe vs Wade - made abortion legal in the US 1992 Planned Parenthood vs Casey - upheld a law requiring women to receive counselling before an abortion. Made it harder
54
How does the Court check Congressional power?
By Judicial review, it has the right to declare Congressional powers unconstitutional Vague clauses have allowed Congress to expand its power, but the Court can rule whether it has violated such provisions
55
How did the Court express that Obamacare violated congressional power?
Democrats had argued Obamacare was constitutional due to the Commerce Clause Roberts argued that if this was true with forcing people to buy healthcare, then it could also be true with buying 'cars or broccoli'
56
How did the Court rule on Congressional power in US vs Arizona 2012
Court ruled Arizona couldn't implement its immigration law as it was a Congressional power. Shows the Court protecting congressional authority, and maintaining the federalist balance
57
What are the three key cases the Court has ruled on in relation to Presidential power?
Nixon and Watergate Clinton and Paula Jones Bush and Guantanamo
58
What was the Watergate scandal?
Nixons team bugged the DNC during the 1972 election, then staged a huge cover up for the next two years Court declared Nixon had to hand over the tapes of the Oval Office - Led to his resignation in 1974
59
What did the Court rule in Clinton vs Paula Jones?
President wasn't above the law and could be prosecuted. Questions about Jones led to Monica Lewinsky, which led to his impeachment in 1998
60
What were the two key cases relating to Bush and Guantanamo?
Rasal vs Bush 2004 - ruled that detainees could access the federal courts to challenge their detention, rejecting the administrations notion that they were under the law Hamden vs Rumsfeld 2006 - military commissions set up to try people at Guantanamo we're unconstitutional. Limited war time powers of the President
61
How does judicial review politicise the court?
Court is making decisions in areas that are politically contentious and on which the two major parties completely disagree - linked to partisanship and ideological differences
62
How does Judicial review give the court quasi-legislative power?
Court decisions have the same effect as a piece of legislation passed by Congress
63
What are the checks on the Court by Congress? [4]
Senate has power to confirm or reject appointments to the Court Can decide how many justices there are - Roosevelts proposal for 15 was rejected by Congress Impeachment, even the threat Constitutional amendments can overrule SC decisions (income tax, 16th amendment)
64
Checks on the Court by the President [2]
Nominate justices. Can shape the philosophical nature of the court Can publicly support or be critical of the Courts decisions - Eisenhower supported Brown vs Board 1954 - Bush described Texas vs Johnson as 'dead wrong'
65
How did Obama seek to influence the Court?
Was highly critical of Citizens United vs FEC 2010 Said in 2012 he was confident the Court would rule in favour of Obamacare, offering his opinion before a verdict was even reached
66
What are other checks on the Courts power? [4]
No power of initiation No enforcement powers, as seen with Brown vs Board 1954 Public Opinion Precedence
67
What law is thought to be unconstitutional, but is yet to be ruled on due to lack of initiation?
War Powers Act 1973
68
Why is Public Opinion a check on the Court?
If a decision is seen to lack credibility, it could limit the legitimacy of the Court

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