the supreme court Flashcards
(11 cards)
describe the ‘levels’ of courts in the US:
- US district courts
- US courts of appeal
- US Supreme Court
how many people are in the supreme court?
9 judges - 1 chief justice and 8 associate justices
how long are justices appointed for?
for life
what’s the current membership of the court and what’s there political leanings?
- John Roberts - Chief Justice - conservative
- Clarence Thomas - conservative
- Ketanji Brown Jackson - liberal
- Samuel Alito - conservative
- Elena Kagan - liberal
- Sonia Sotomayor - liberal
- Neil Gorsuch - conservative
- Brett Kavanaugh - conservative
- Amy Coney Barett - conservative
what is a strict constructionist?
-they interpret the constitution literally and emphasise the retention of power by individual states
-they try to interpret the constitution as the original founding fathers would have wanted
-they believe the constitution is a precise legal document that can only be changed through the formal amendment process
what is a loose constructionist?
-they see the constitution as a living document which should take account of modern society
-they interpret the constitution less literally
what’s an issue that strict and loose constructionists have a differing opinion on?
the death penalty
-strict constructionists believe capital punishment was widely accepted at the time of the 8th amendment
-they think that if the death penalty is to be abolished it should be through legislation (i.e. amendments through congressional processes)
-loose constructionists believe the death penalty is unconstitutional because it is a cruel and unusual punishment
-they think that if the death penalty is to be abolished it should be through judicial interpretation (i.e. through the SC)
what are the views regarding the different approaches to the constitution?
-liberals criticise strict constructionists for preventing necessary and positive change
-conservatives argue that practice of updating the meaning of the constitution beyond the framers’ intentions is a ‘power grab’ by unelected justices
-some justices take a middle ground and agree that the process is more complex than just strict or loose constructionists e.g. sonia sotomayor and chief justice roberts
how does the SC protect citizens’ rights
-it’s the ultimate court of appeal for those who believe their rights have been infringed
-it can strike down laws if they don’t comply with the bill of rights or other constitutional rights
-it can rule actions as unconstitutional if they infringe citizens’ constitutional rights
example of a SC case that protected freedom of religion (1st amendment):
-Burwell v Hobby Lobby Stores 2014
-SC struck down part of the affordable care act that meant businesses had to contribute to health insurance that might be used for contraception, because catholics in the business don’t agree with contraception
-the court must strike a balance between avoiding an ‘established’ religion and allowing citizens to practice whatever religion they choose
example of a SC case that protected the right to bear arms (2nd amendment):
-District of Columbia v Heller 2008
-SC ruled that the 1976 law that banned the ownership of handguns was unconstitutional
-difference of interpretation - liberals interpret the 2nd amendment as a collective right to own guns (state militas) whereas conservatives view it as an individual right
-as this court was
