US Rights Reversed Flashcards
(37 cards)
Created by Article III of the constitution. 9 Justices (including one chief justice). The court is independent from the other branches as part of the separation of powers. Judges have life tenure. Their key role is exercised through Judicial Review
Describe the US Supreme Court
Vacancy Arises (retirement or death)Presidential nominationABA (American Bar association) makes a recommendation (optional)Senate Judiciary committee interviews candidatesSenate vote
What is the Supreme Court nomination process?
Pick a nominee that is likely to be accepted by ABA and senateNominee that is likely to share presidents ideological outlookPerhaps nominate someone young (Barrett) or iconic (RBG)
What factors influence a presidents choice for Supreme Court judge
Independent once appointed (Kennedy)Scrutiny from senate to weed out unsuitable candidatesDemocratic accountability - both elected president and senate have influence in this choice
What are the strengths of the US judicial appointment process?
It is highly politicised - nominations have become increasingly voted along party lines. Presidents are more likely to pick a ‘ideological candidate’ than a ‘good candidate’Senate hearings have become farcical - dealing with sex abuse allegations and highly influenced by media coverage.Imbalanced court - vacancies can appear at random times so some presidents get to nominate a lot more judges than others which can imbalance the court.
What are the weaknesses of the judicial appointment process?
Marbury vs Madison - the power of the court over federal law.Peck vs Fletcher - the power of the court over state law.
Which 2 cases ‘discovered’ Judicial Review?
Rules whether a law or policy is constitutional or not. By making this ruling, laws can be ‘struck down’ or new laws can be ‘effectively’ created by the SC decision. Thousands of cases are sent to the court each year, but less than 100 are heard. If 4 judges agree to hear it ‘rule of 4’ then the case will be considered. The ability to NOT hear a case is as powerful as the ability to hear it.
What does Judicial Review do?
Unanimus Decision. Majority Opinion with Dissenting Opinion.
What 2 results does the SC Judicial Review tend to produce?
Almost impossible. In many cases it would require a constitutional ammendment. Some argue this means that court holds ‘quasi sovereignty’ in the USA as there are insufficient checks and balances on its power. This had led to some calling it an ‘imperial court’.
How easy is the SC to overrule?
The Obergefell vs Hodges case effectively legalised gay marriage in all states that hadn’t yet done so. Forcing the more religious states to change their policies.
What impact has the SC had on same-sex marriage?
Activism - An approach to decision making that holds that a Justice should use their position to promote desirable social ends. E.g. reinterpret the constitution to enable abortion rights.Restraint - An approach to decision making that holds that a Justice should not be bringing their own ideas into their decisions. Instead, they should defer to the executive and legislative branches, which are politically accountable to the people, and should put great stress on the principle established in previous court decisions. (stare decisis).
What are judicial activism and judicial restraint?
- The constitution IS out of date (200 years+). The justices can reinterpret the words in the current context. 2. It is important to defend citizens and uphold the constitution against the other branches3. Problem need solutions - and where the other branches cannot provide them (e.g. gridlock, concern about re-election, divided government) The SC can take that role.
WHY might the Supreme court demonstrate more judicial activism?
- Justice are unelected2. There are insufficient checks and balances on the SC - the system isn’t designed to work this way3. Decisions should be purely based on the constitution NOT political opinions.4. The court SHOULD be politically neutral
WHY might the Supreme court demonstrate more judicial restraint?
The first 10 ammendments of the US constitution. These are a set of entrenched rights that protect citizens from government intervention.
What is the US Bill of Rights?
I - Freedom of speechII - Right to bear armsIV - Freedom from unreasonable searches (including right to privacy)X - “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” (i.e. anything not explicitly given to the federal government is reserved to the states)
Which are the most important US Rights (for our course)
XIII - made slavery illegalXIV - prevention of racial discriminationXV - right to voteXIX - Granted women right to voteXXIV - Right to vote without poll taxXXVI - Right to vote at 18(You can use these to show further protection of Rights OR you can point out that they have been ineffectual. And there are ‘missing rights’ - gay rights, womens equality, etc)
Can you name 4-6 amendments to the constitution made after the initial bill of rights.
Same sex marriage (obergefell vs Hodges 2015)Abortion (Roe vs Wade 1973) - but overturned by Dobbes vs JackonEuthanasia - States CAN make laws about Euthanasia if they wish - (Gonzales v Oregon 2006)
Can you name 3 rights for citixens that have been secured by the Supreme Court?
Judicial Review - power to overturn congress , states, and presidency. Independence - Security of tenure, salary make judges almost unaccountable (think Clarence Thomas and corruption accusations)Interpretation - The vagueness of the constitution ALLOWS judges to make activitist rulings when asked to clarify laws
Give 3 reasons to argue that the Supreme Court has a lot of power
Neutral - 9-0 decisions are very common. Despite the contraversial and famous cases often having majority decisions, the vast majority are decided purely according to law and end up with a unanimous result. Ruling restricted to the constitution - The court can only make interventions if the constitution allows them to. They also cannot initiate cases - only deal with them if appeal cases are brought to them.Independence - there have been many cases where judges have made decisions against the president (Nixon, Trump)
Give 3 arguments that the Supreme court remains a purely judicial/legal institution
Ideological - Justices often vote along party lines according to the president they were appointed by. They also have become involved in political decisions - eg. Gore v Bush 2000External influence - judges can be pressured by president, congress, interest groups (NRA), (this could also include the nomination process being political)The 3rd branch of the legislature - Judicial Review has allowed judges to effectively create new policy and laws.
Give 3 arguments that the Supreme court has become a political institution
Has ruled against guantanamo Bay multiple times (right to fair trial, cruel and unusual punishment)Has protected the right to abortion on several occasions. Confirmed citizens rights to gun ownership (Chicago vs McDonald) (although not their right not to get shot)
Give 3 examples of how the US Supreme court has been effective at protecting citizens rights.
–Whilst the court made many rulings against guantanamo, they never closed it. Abortion has since been overturned AND even before Dobbs vs Jackson, the ability of citizens to access abortion had been restricted.Even gun rights weren’t FULLY protected.Rulings on affirmative action arguably allow for some forms of discrimination.
Give 3 examples of how the US SC has not been effective at protecting constitutional rights of citizens
Judicial Review - Justices are limited to interpreting the law within the confines of the wording of the constitution. AND some judges might choose to limit their own power if they believe in judicial restraint. Independence - Judges can be subjected to pressure from the president and from the mediaLimited Jurisdiction - Judges are limited to constitutions only AND they can TECHNICALLY be overuled by a constitutional amendment.
Give 3 reasons to argue that the Supreme Court’s power is limited
US Civil war - predominantly over slavery13th-15th amendments - banning slavery, introducing right to vote and be equal under the law. Plessy vs Ferguson upholds ‘seperate but equal’. (SC supports segregation).
Name 3 event from the 1800s regarding race rights in the USA
