The judicial branch of government Flashcards
(37 cards)
what is the supreme court
- The highest federal court in the US.
- It interprets the Constitution, hears cases of national significance
- can strike down laws through judicial review.
Which article is the Supreme court outlined in?
Article 3
What type of court is the SC?
- An appellate court
- hears appeals against cases that have already been heard by lower courts
When can the Supreme Court have original jurisdiction (first to hear a case)?
- In cases involving disputes between states
- involving ambassadors
- public ministers
- the United States as a party.
how many SC members are there
9
Which Act established the 9 judges of the SC?
1869 Judiciary Act
How are justices appointed?
Nominated by the president and ratified by Congress.
What is the main power of the US Supreme court?
Judicial review
What is judicial review?
- the power to declare federal or state laws and executive actions unconstitutional
- even though this power is not explicitly stated in the Constitution.
From what case was the power of judicial review taken by the SC?
Marbury v Madison (1803)
What phrase did the Marbury v Madison (1803) ruling include?
“duty of the judicial department to say what the law is.”
What happens when SC decides an act is unconstitutional?
It becomes null and void - act has no longer any legal effect
What are the arguments put forward for judicial independence being protected?
- Constitutionally separate branch of government
- Life tenure for justices
- Protected salaries
- New justices only appointed when vacancies occur
What are the arguments put forward for judicial independence not being protected
- Presidents pick Supreme Court justices who usually share their political views.
- The Senate must approve each justice, and this often turns into a political battle.
- Justices criticised by media & political parties
- Justices can be impeached (though rare)
what is an example of judicial independence being undermined
- Brett Kavanaugh’s Confirmation (2018)
- nominated by Donald Trump
- allegations of sexual misconduct
- The Senate confirmed him in a very narrow vote, mostly along party lines (Republicans for, Democrats against).
What is judicial neutrality
- judges are free from political bias.
- They apply and interpret the law in a neutral way and have no bias or interest in a particular outcome of any case.
What are the arguments that judicial neutrality being protected?
- Judges expected to have extensive judicial experience
- judges don’t face re-election or dismissal, allowing them to make impartial decisions free from political pressure.
- Judges write written opinions that explain the legal reasoning behind their decisions
What are arguments that judicial neutrality not being protected?
- Justices often share elite, similar backgrounds
- Media scrutiny exposes ideological leanings
- Decisions align with appointing president’s views
what is the current ideologiacl balance of the supreme court?
- 6 conservatives vs. 3 liberals.
- This conservative majority affects rulings on abortion, guns, and affirmative action.
When can a new SC justice be appointed?
When a vacancy occurs
How does a vacancy occur on the SC?
Through death, retirement of impeachment of a justice
What are 3 examples of a vacancy occurring?
- Ruth Bader Ginsburg died in 2020
- Stephen Breyer resigned in July 2022
- No justice has been successfully impeached
How does a presidential nomination occur?
- President can nominate anyone they wish
- it is expected they have judicial experience.
- President is likely to choose someone with similar ideology.
What are 2 examples of presidential nominations to SC?
- Trump nominated Amy Coney Barrett (conservative ideology) to replace Ginsburg (liberal)
- Biden nominated Ketanji (liberal) to replace Breyer (liberal)
