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U.S Politics (AK) > The Supreme Court and Civil Rights > Flashcards

The Supreme Court and Civil Rights Flashcards

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1
Q

what are the 4 most recent courts up to present

A

Warren (1953-69)
Burger (69-86)
Rehnquist (86-‘05)
Roberts (‘05-)

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2
Q

who did Obama appoint to the Supreme Court

A

Sonia Sotomayor

Elena Kagan

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3
Q

who did Donald Trump appoint to the Supreme court

A

Neil Gorsuch

Brett Kavanaugh

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4
Q

strict constructionist/originalist

A

interpret strictly/literally

stress rentention of states rights

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5
Q

which judges would be classed as strict constructionists

A

Roberts
Thomas
Gorsuch
Alito

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6
Q

loose constructionist

A

interprets constitution less literally

stress broad power to federal gov

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7
Q

living constitution

A

dynamic, take into account contemporary views

put in context

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8
Q

what did Scalia say about the constitution

A

‘not meant to facilitate change’

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9
Q

who favours a living constitution

A

Kagan

Sotomayor

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10
Q

why is capital punishment controversial in regards to controversial

A

constitution says ban on ‘cruel and unusual punishment’

originalist-capital punishment was around at the time+accepted so not what this is talking about

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11
Q

what are the 5 stages of the appointments process

A
  • vacancy occurs
  • president searches for nominees
  • announce nominee
  • confirmation hearing
  • debate+vote
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12
Q

how many vacancies have been filled on the supreme court since 1789

A

119
=1 every 2 years
Trump 2
Carter none

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13
Q

how can the judges on the supreme court be described

A

echo chamber where earlier where views from earlier decades can still be heard
e.g Kennedy appointed by Reagan-stayed on court 30yrs after Reagan left

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14
Q

what posts do SC judges often hold before becoming a justice

A

federal judge

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15
Q

where can presidents looks for sc nominations

A 
state courts ('81 sandra day o'connor Arizona)
department of justice (Kagan general solicitor '10)
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16
Q

which part of the announcement process of SC court judges has become tradition

A

American Bar Association standing committee rate them

well q,q,not q

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17
Q

who was the only recent SC judge not to be given a well qualified rating by ABA

A

Clarence Thomas

qualified

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18
Q

the SC nomination confirmation process

A

stand before Senate Judiciary committee
hearings wi witnesses support or oppose
vote on it

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19
Q

what happens if the hearing is going badly for the SC nominee

A

withdraw

2005 Harriet Miers

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20
Q

what happens if the vote is close or lost

A

likely to be defeated
1987 Robert Bork
42-58

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21
Q

examples of unanimous approvals of SC justices

A

Ruth Ginsburg

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22
Q

how many nominees has the senate rejected since 1789

A

12

confirmed 125

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23
Q

what are the 3 main problems with the appointments process

A

politisicisation of media, congress and president

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24
Q

what kind of appointments are republican presidents likely to make

A

conservative justice

literal+strict view of constitution

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25
what is the 'litmus test' that presidents do to justices
scrutinise their previous judgements | espeically on abortion,affirmitive action+captial punishment
26
example of politicisation of senate when choosing a justice
defeat of Robert Bork TV ad against him=$15mill interest groups against his nom e.g national abortion rights action league
27
how did Clarence Thomas describe the senate part of nomination process
'circus' 'national disgrace' | Thomas did lack qualifications, but hearing focused on sexual harrassment accusations+conservative philosophy
28
evidence to show partisan politicisation of nominations in the senate
Thomas only 11 dems voted in favour 2 repubs against
29
what are 'soft questions'
asked from senators of presidents party not rlly trying to scrutinise nomination this way pres can get anyone through
30
how much money was spent during Alito's nomination process to shape public opinion on him
$2 mill
31
what is the flaw with the scrutiny of the nomination process
attempt to embarass/expose people qualified people less likely want to stand don't get best possible justice
32
what does the refusal of Merrick Garland's nomination show
politicisation wait for Obama to leave office if repub pres gets in they can pick unprecedented
33
how did Edward Lazarus describe nominations to the court
'election campaigns for political control of the court'
34
how did the media politicise clarence thomas' nomination
didn't focus on his qualification | focused on sexual harrassment
35
4 reasons to demonstrate the importance of supreme court nominations
infrequent for life only 9 judicial review power
36
why does the fact that nominations to the supreme are infrequent make it important
can't change frequently setting new president, can be on for years 94-05 no vaccancies
37
why does the fact the appointments are for like make in important
echo chamber
38
why is it important the court only has 9 members
opinion has significant weight | only need 5 people to agree one a decision
39
why does the power of judicial review make the sc important
can strike down laws as unconstitutional | make decisions on massive issues which affect people's lives
40
judicial review
power to declare acts of congress, exec or state gov unconstitutional
41
civil rights
positive acts og gov | protect people against descriminatory treatment
42
civil liberties
guarantee protection of persons, expression and property
43
when was the power of judicial review 'found' as its not in the constitution
1803 Marbury v Madison declared act of congress unconstitutional
44
what is the importance of Fletcher v Peck
first declared state law unconstitutional | 1810
45
why has the court been described as 'the third house of legislature'
Roe v Wade constitutional right to an abortion equal to passing abortion rights laws
46
judicial activism
court which sees itself leading way to reform american society
47
which 3 cases have been criticised for judicial activism
Brown v Board Roe v Wade Bush V Gore
48
summarise Bush v Gore
SC ruled manual recount scheme was unconstitutional violated equal protection clause basically award Bush presidency
49
which court was said to be 'activist'
Warren 1950s+60s | trying to move society along in areas of black civil rights+arrested persons
50
judicial restraint
judges should defer to legislative and executive branches | and precedent set
51
stare decisis
stand by that which is decided | only overturn in pressing+changed circumstances
52
when does judicial activism occur
judges seen to lead way in public policy matters courts frequently declare things unconstitutional 'making' rather than 'interpreting' the law
53
when does judicial restraint occur
defend elected institutes mostly rely on precedent rarely declare unconstitutional
54
First Amendment
freedom of religion + speech
55
landmark cases about 1st amendment
Burwell v Hobby Lobby Stores
56
Burwell v Hobby Lobby Stores
5-4 affordable cares act required family owned corporation pay for health insurance coverage for contraception violated religious freedoms act
57
landmark campaign finance ruling
Citizens united v FEC 2010 corporations are 'people' have same constitutional rights relating to political free speech overturned decisions dating to 1947
58
second amendment
gun control
59
landmark gun control ruling
district of columbia V Heller | gave individuals right to own guns
60
what did liberals argue about the 2nd amendment
it states 'in a well trained militia' | individuals therefore shouldn't have the right
61
Eighth Amendment
death penalty | 19/50 don't use it
62
state with highest amount of executions
Texas 538 | 7 in 2016
63
5 states which dominate death penalty league table
``` texas oklahoma virginia florida missouri ```
64
Ring v Arizona
7-2 Death penalty by judges unconstitutional infringed 6th amendment right (trial by Jury)
65
Roe v Wade ruling
7-2
66
Gonzales v Carhart
5-4 upheld partial birth abortion ban act 2003
67
Obergefell V Hodges
defense marriage act unconstitutional
68
recent judgment over congress' power relating to the commerce clause
National federation of independent business v sebelius 5-4 upheld most provisions in affordable care act including 'penalty' for not buying health insurance
69
what did the opposition argue about national federation of independent business v sebelius
congress was forcing people to buy things | counter was it wasn't a 'penalty' but a tax
70
landmark immigration case relating to the power of congress
united states v arizona court struck down 3 provisions in arizona law they encroached on congress' power protecting power of congress
71
example of court check on presidents power
Rasul v Bush (detainees at Guantanamo bay) National labour relations board v Noel canning (unconstitutional for Obama to make high level executive appointments when senate technically still available)
72
The supreme court is a political institution YES
appointed by pres confirmed by congress makes decisions on election issues e.g abortion
73
the supreme court is a political institution NO
members aren't politicians make decisions on legal arguments not involved in party politics
74
The supreme court has too much power YES
judicial review unelected abused its power to bring certain legislation e.g same sex marriage yes if believe living constitution
75
The supreme court has too much power NO
checked by congress (amendments) has no initiative power checked by constitution where wording is precise
76
Advancement of civil rights 1964
24th amendment | Voting rights not be denied for non payment of poll tax
77
Advancement of civil rights 1965
Voting rights act | Ending literacy and other tests for voter registration
78
Affirmative action
Give members of a previous disadvantaged minority group a head start
79
How was it suggested racial disadvantage is overcome
Busing (moving children to create mixed schools) | Quotas (% of higher education, employment reserved for minority’s)
80
Why was affirmative action needed
Have the opportunity but opinions have changed so don’t have equality of results
81
What did many conservative groups and republicans think of affirmative action
Patronising to minorities and unfair
82
Gratz v bollinger
2003 Ruled 6-3 Michigan uni affirmative action programme was unconstitutional Too ‘mechanistic’
83
Gutter v Bollinger
2003 5-4 University Law schools admissions programme constitutional as more individualised More subtle affirmative action
84
What did the Supreme Court day about affirmative actions time period
Will be a cut off | Estimate 25 years
85
Regents of the university of California v Bakke 1978
Ruled out radical quotas | Left door open for race to be considered in admissions procedures
86
Parents involved in community schools inc. v Seattle school district
Unconstitutional to assign students to public schools solely just to get a racial balance
87
Chief Justice Roberts on affirmative actions
The way to stop discriminating on the basis of race is to stop discriminating on the basis of race Violates equal protection act of 14th amendment

U.S Politics (AK) (4 decks)

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