supreme court and civil rights

Question 1

article 3

Answer 1

supreme court is outlined

vague gives little in way of explicit power

judical power is vested in supreme court
congress can establish courts

justices have life tenure
supreme court is an appellate court

article 3 section 2 outlines the cases the court can hear -limits power to hearing cases

Question 2

interpretation of the consititution

Answer 2

only court can interpret

Question 3

judical review

Answer 3

the ability the supreme court has to declare acts of congress and acts or actions by the president unconstitutional therefore null and void.

Question 4

appelate court

Answer 4

a court of appeals.

dealing with cases where one of the parties in the case is appealing against the decision of the lower court

Question 5

origional jurisdiction

Answer 5

the power of the supreme court to hear a case first before any other court. rare

Question 6

constitutional grantees

Answer 6

life tenure

a salary shall not be diminished during thier time in office a justice earns over 200k

justices are appointed not elected

supreme court has power outlined in constituion

judical appointment process is rigeruous includes imput from judicial experts such as american bar association

courts power of judicial review is widley accepted and it is rare that the ruling is ignored by federal or state gov

Question 7

appointment process of scotus

Answer 7

vacancy through death usually eg ruth bader ginsburg

search for nomination
aba rating

senate judicary commitee hearings and vote

full senate vote

Question 8

weaknesses of process

Answer 8

process become too political

presidents have politicised the nomination look for candidate with their ideaology

hearings have become more for show than anything else

role of the media udermines the process

Question 9

strenths of appointment process

Answer 9

lengthy and rigerous process

role of elected officials lends legitimacy to judges

Question 10

factors that influence presidents choice

Answer 10

ideology
gender and ethnic balance
outgoing justices

Question 11

swing justice

Answer 11

justice that swings both ways

Question 12

strict and loose constitutionalist

Answer 12

loose constructionalist favours broad interpreatation of constitution other way around for strict

Question 13

criticisms of judical activism

Answer 13

supreme court is unelected and therefore unaccountable

goes againt theory of separation of powers

can overule stare decisis

there are limited checks on the supreme court to balance this power

undermiens the courts neutrality

Question 14

criticisms of judicial restraint

Answer 14

defernce by suopre court can lead oto beaches of constitution going unchecked

congress and preisent avoid controversial topics

constituion could become outdated

rights apply to all not just th majoirty tet the eleced braches focus on later

Question 15

Hadimi v Rumsfeld

hamdan v rumsfeld

Boumediene v bush

Answer 15

guatanimo bay , supreme court ruled to close it

Question 16

Bucklew v precythe

Answer 16

those sentenced to death were not garunteed a painless death

Question 17

Fisher v university of Texas

Answer 17

use of affirmative action to support minority rights

Question 18

Kennedy v Louisiana

Answer 18

put limits on those who could be put to death eg prevented a child rapist being put to death.

Question 19

Obergefell v Hodges

Answer 19

legalised gay marraige

Question 20

bush v gore

Answer 20

decided who would be president

Question 21

comparisons with uk

Answer 21

both countries justices are appointed for life

appointment process in UK ensures independance

both countires justices are expected to have legal backgrounds

lack of constitutional protection in the UK
both countries court have come under attack from th egovenemtn