The USA Supreme Court

Question 1

What did the Judiciary Act 1789 establish?

Answer 1

The system of Lower courts by Congress

Question 2

How many court of Appeals are there?

Answer 2

12

Question 3

How many District Courts are there?

Answer 3

91

Question 4

How many members of the Supreme Court are there?

Answer 4

9 = 1 Chief Justice & 8 Associate Justices

Question 5

How can a Supreme Court Judge be impeached?

Answer 5

House votes to impeach by majority, Senate then ‘tries’ the Judge who if found guilty by 2/3 is impeached.

Question 6

Who is the 17th Chief Justice & since when?

Answer 6

2005 - John Roberts

Question 7

What is a Strict Constructionist

Answer 7

Conservative, strict interpretation of constitution influences decisions. Republican.

Question 8

What is a Loose Constructionist

Answer 8

Liberal, interpret the constitution loosely and as a ‘living document’- more dynamic, Democratic Presidents.

Question 9

Example of a Loose Constructionist?

Answer 9

Elena Kagen (Obama)

Question 10

Example of a Strict Constructionist?

Answer 10

John Roberts (W. Bush)

Question 11

4 step Appointment Process?

Answer 11

Vacancy, Search & Recruitment, Announcement, Confirmation

Question 12

How often does a Vacancy occur?

Answer 12

1 every 2 years, Obama placed just 2 over his 8 year time in office.

Question 13

What are two most likely pools or recruitment?

Answer 13

Federal Court of Appeals - Reagen selected Sandra O’Conner from Arizona Court in 1981

Department of Justices - Obama selected Solicitor Elena Kagen in 2010.

Question 14

What happens before Nominee is announced?

Answer 14

FBI checks & Interview with the President

Question 15

What does the ABA Standing Committee on the Federal Judiciary do?

Answer 15

Rates the nominee as either ‘well qualified/qualified/not qualified’

Question 16

What does the Senate Judiciary Committee do during the confirmation process

Answer 16

holds earrings with witnesses/critics/supported of nominee and votes on them.

Question 17

What was controversial about nominee Clarence Thomas?

Answer 17

confirmed in 1991 following sexual allegations and a 50/50 vote split with the Senate Judiciary Committee

Question 18

How many women sit on the Supreme Court?

Answer 18

3/9

Question 19

Issues with the Appointment & Confirmation process?

Answer 19

President - choose one reflecting their opinions

Senate - focuses on ideology rather than competence

Media - hypes up irrelevant matters

Question 20

Issues with the Senate Judiciary Committee

Answer 20

Party in controls members likely to ask ‘soft’ questions, opposition ask ‘hard’ questions to attack and embrace nominee

Question 21

Why are Nominations so important? (5)

Answer 21

opportunities are infrequent, appointments are for life, only 9 members, judicial review, affects lives of American Citizens

Question 22

How long did Anthony Kennedy serve for after his appointer left office?

Answer 22

30 years after Reagan left office

Question 23

What is Judicial Activism?

Answer 23

Judges have an active role & are happy to strike down actions by other branches.

Question 24

What is Judicial Restraint?

Answer 24

Reluctant to strike down actions, Judges refer to pre-establishes court decisions.

Question 25

What is Judicial Review?

Answer 25

Power to declare acts of the other branches as 'unconstitutional' & in return can update the constitution. Marbury v. Madison 1803 - established Judicial Review & define boundaries between executive & Judicial branches (separation of powers)

Question 26

Why is Judicial Activism good?

Answer 26

can stop Congress & Executive from acting unconstitutionally

Question 27

Why is Judicial Restraint good?

Answer 27

Judges are unelected & lack accountability so its right they defer to other branches.

Question 28

Example of Supreme Court upholding the 1st Amendment in Bill of Rights?

Answer 28

Freedom of Religion, Speech & the Press Freedom of Religion Obama care violated this by offering free contreception Freedom of Speech Citizens United vs. Federal Electoral Commission (2010) unconstitutional to limit corporate campaign contributions. Texas v. Johnston (1989) Johnson burning the American flag was a symbol of free speech and his conviction was lifted.

Question 29

Roe vs. Wade

Answer 29

1973: Public Policy 7-2 decision, 'Right to Privacy' under 14th amendment extended to a woman right to an abortion.

Question 30

US vs. Nixon

Answer 30

1974 Prohibited President from using executive powers to withhold evidence.

Question 31

Example of Supreme Court upholding the 2nd Amendment in Bill of Rights?

Answer 31

Right to bear Arms District of Columbia vs. Heller (2008) individuals right to possess a firearm.

Question 32

Obergfell vs. Hodges

Answer 32

2015: 5-4 ruling that same sex couples had right to marry in all 50 states due to 14th amendment.