US judicary Flashcards

1
Q

The powers of SCOTUS

A

Veto powers via setting house rules but no positive agenda setting powers.

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2
Q

Important change of judge 2006

A

Justice O’Connor retired, replaced by Alito (now Conservative control)

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3
Q

Example of a court ruling that carved out social precedent

A

Earl Warren’s decisions on civil rights 1950s

DC vs Heller assert right to bear arms (2nd Amendment)

Roe vs Wade “right to privacy” that not in constitution

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4
Q

An alternative to “judicial activism” claims

A

Roosevelt’s “deference” based on institutional competence, lessons of history, defects in democracy and the costs of error

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5
Q

Example of Roosevelt’s deference standard being applied

A

Romer vs Evans (1996) strike down Colorado state laws persecuting homosexuals.

“Legitimate deference” because this group politically underrepresented in other spheres

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6
Q

Examples of SCOTUS being overridden by other branches of government

A

Congress passing the Lily Ledbetter Fair Pay Act (2009) and the President/Congress getting involved in Teri Schiavo’s case with “Palm Sunday Compromise” (2005)

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7
Q

3 different types of interpretation by court

A

Declare state law unconstitutional
Declare congressional law unconstitutional
Interpret statute without use of constitution

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