US Rights Reversed

Question 1

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

Answer 1

Describe the US Supreme Court

Question 2

Vacancy Arises (retirement or death)Presidential nominationABA (American Bar association) makes a recommendation (optional)Senate Judiciary committee interviews candidatesSenate vote

Answer 2

What is the Supreme Court nomination process?

Question 3

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)

Answer 3

What factors influence a presidents choice for Supreme Court judge

Question 4

Independent once appointed (Kennedy)Scrutiny from senate to weed out unsuitable candidatesDemocratic accountability - both elected president and senate have influence in this choice

Answer 4

What are the strengths of the US judicial appointment process?

Question 5

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.

Answer 5

What are the weaknesses of the judicial appointment process?

Question 6

Marbury vs Madison - the power of the court over federal law.Peck vs Fletcher - the power of the court over state law.

Answer 6

Which 2 cases ‘discovered’ Judicial Review?

Question 7

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.

Answer 7

What does Judicial Review do?

Question 8

Unanimus Decision. Majority Opinion with Dissenting Opinion.

Answer 8

What 2 results does the SC Judicial Review tend to produce?

Question 9

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’.

Answer 9

How easy is the SC to overrule?

Question 10

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.

Answer 10

What impact has the SC had on same-sex marriage?

Question 11

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).

Answer 11

What are judicial activism and judicial restraint?

Question 12

1. 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.

Answer 12

WHY might the Supreme court demonstrate more judicial activism?

Question 13

1. 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

Answer 13

WHY might the Supreme court demonstrate more judicial restraint?

Question 14

The first 10 ammendments of the US constitution. These are a set of entrenched rights that protect citizens from government intervention.

Answer 14

What is the US Bill of Rights?

Question 15

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)

Answer 15

Which are the most important US Rights (for our course)

Question 16

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)

Answer 16

Can you name 4-6 amendments to the constitution made after the initial bill of rights.

Question 17

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)

Answer 17

Can you name 3 rights for citixens that have been secured by the Supreme Court?

Question 18

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

Answer 18

Give 3 reasons to argue that the Supreme Court has a lot of power

Question 19

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)

Answer 19

Give 3 arguments that the Supreme court remains a purely judicial/legal institution

Question 20

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.

Answer 20

Give 3 arguments that the Supreme court has become a political institution

Question 21

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)

Answer 21

Give 3 examples of how the US Supreme court has been effective at protecting citizens rights.

Question 22

–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.

Answer 22

Give 3 examples of how the US SC has not been effective at protecting constitutional rights of citizens

Question 23

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.

Answer 23

Give 3 reasons to argue that the Supreme Court’s power is limited

Question 24

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).

Answer 24

Name 3 event from the 1800s regarding race rights in the USA

Question 25

Brown vs Board SC case overturns Plessy vs FergusonCivil Right campaigns such as MLK result in legislation like the Civil Rights Act and Voting rights ActAffirmative action in college adminissions upheld by Californa vs Bakke - this helps minorities with applications to universities etc.

Answer 25

Name 3 events from 1900s regarding race rights in USA

Question 26

Obama vs black US presidentExecutive orders by Obama to protect undocumented immigrantsTrump overturns Obamas ruling + Travel ban from Muslim countries.

Answer 26

Name 3 events from 2000s regarding race rights

Question 27

Legal avenues such as Supreme court - interest groups like NAACP helping to fund cases.Demonstrations, protests, civil disoedience -BLM, MLKElections - electing minorities into positions of power

Answer 27

What methods have been used to campaign for racial equality?

Question 28

Famous Supreme court rulings in favour of civil rights Legislation for civil rights (voting act)Growing number of racial minorities in power (obama, Kamala Harris, minorities on SC)…However still a long way to go. See- voting restrictions often impacting racial minorities harder.

Answer 28

What successes have their been in campaigning for racial equality?

Question 29

The name given to techniques that try to benefit previously disadvantaged individuals in areas of employment, education and training. For example, some schemes in the past have required universities to accept a certain % of racial minorities. This is sometimes known as a quota

Answer 29

What is affirmative action?

Question 30

They have make somewhat unclear rulings. The famous ‘Bakke’ case meant that universities COULD discriminate when doing applications but that quotas weren’t allowed. BUT it has also allowed states to legislate against affirmative action (schuette vs Coalition)

Answer 30

What as the Supreme court said on affirmative action

Question 31

They are broadly supportive - but often split along party lines. Many republicans are not in favour - and other think that as time goes on, it should be phased out. However, compaigns like BLM would counter this view and say it is still necessary.

Answer 31

What do most Americans think about affirmative action?

Question 32

This is do with how people who want (or are) living in the USA but are not US citizens should be treated. This mainly falls into 2 areas -1. Helping those undocumentented (no passport) illegal immigrants who have lived in the USA a long time (Obama - DACA/DAPA). 2. Taking measures to prevent new immigrants from entering USA (Trump’s wall etc).

Answer 32

What is immigration reform?

Question 33

He failed to get his immigration bill (the dreamers act) through congress. This WOULD have given unauthorised immigrants (and their children) conditional residency and the right to work. After failing to get it through congress, he used executive orders (DAPA) to protect children from deportation. BUT Texas vs US 2016 struck down DAPA as unconstitutional.

Answer 33

What did Obama try to do regarding immigration reform?

Question 34

Elected on promise to ‘build a wall’ between USA and mexico. Very little ended up being built as congress refused to fund it. Series of executive orders aimed at reducing immigration - e.g. Muslim travel banReversed DACA by executive orderIncreased deportationsSeparated children from parents at USA borders and detention centres.

Answer 34

What did Trump do regardining immigration reform?

Question 35

Used executive orders to reverse Trumps executive ordersAssigned the VP (Kamala Harris) to find a solution to the immigration problem.

Answer 35

What has Biden done regarding immigration reforms?

Question 36

1. There are a wide range of access points for civil rights groups to lobby in the USA (think federal system)2. They can take cases to both state and US Supreme Court and provide AMICUS CURIAE briefings to support the cases of others. 3. The bill of rights entrenches citizens rights and this means groups can use this as legal support for their causes.

Answer 36

Give 3 reasons why US interest groups are effective at protecting citizens rights?

Question 37

1. System of checks and balances in USA mean that changes to the law are very hard to make unless there is widespread agreement amongst executive and both legislatures (and even sometimes blocked by SC!)2. SC will sometimes find against civil rights groups in court cases. e.g. 2012 upholding rights of state insist on people carrying immigration paperwork3. Bill of rights is quite limited (especially compared to ECHR) and it also gives a huge amount of power to states to set their own laws regarding rights.

Answer 37

Give 3 reasons why US interest groups are NOT effective at protecting citizens rights?