US Supreme Court

Question 1

What act introduced the Supreme Court?

Answer 1

Federal Judiciary Act 1789.

Question 2

How is independence of the SC enforced?

Answer 2

-Justices appointed for life meaning they can’t lose their position based on their decisions.
-Vacancies only available if a current justice dies/retires/impeached to prevent other branches packing it with allies.
-Security of tenure to protect government interefence through bribery/threat.
-Senate approval of President’s nomination.
-Granted its own independent powers such as judicial review.
-American Bar Association rates candidates.

Question 3

Which two cases granted the SC the power of judicial review?

Answer 3

Marbury v Madison 1803

Fletcher v Peck 1810

Question 4

What did the Judiciary Act of 1896 establish?

Answer 4

-One chief justice and 8 associate justices.
-P must constitutionally nominate justices for the Senate to confirm or reject.

Question 5

What are the stages of the appointment process?

Answer 5

-Vacancy arises
-Presidential nomination - consider demographic, ideology and experience.
-American Bar Association rating
-Senate Judiciary Committee hearings
-Senate Floor vote - 2017 can no longer be fillerbustered.

Question 6

Why was Brett Kavanaugh’s appointment controversial?

Answer 6

-Kenedy known as ‘swing justice’, whereas Kavanaugh very conservative, creating an ideological imbalance.
-Appointment embroiled in accusations of sexual assault.
-IGs such as pro-choice NARAL lobbied against.

2018

Question 7

How does Neil Gorsuch’s appointment highlight lack of judicial neutrality?

Answer 7

-Obama had nominated Merrick Garland but Mitch McConnell (majority leader of the House) rejected nomination as it was ‘too late’ in Obama’s term.
-BUT he allowed Trump to nominate and appoint Gorsuch in his last year.
-Enabled Trump to appoint 3 justices and ideologically restructure the SC.

2016

Question 8

What evidence regarding the nomination of officials on a like-for-like basis suggests the nomination/appointment process is too politicised?

Answer 8

-By appointing officials on a like-for-like basis, the nature/make-up of the SC remains fairly stable and balanced (if ideology of SC justices remained equal).
-SC justices Alito, Kavanaugh and Amy Coney Barrett were not likefor-like replacements, as they were significantly more conservative.
-This highlights how presidential nominations aren’t focused on neutrality and balance, but instead the idea of packing the SC with allies.

Question 9

How has the demographic of the SC improved in diversity?

Answer 9

-Obama appointed two women, one of which was Sonia Sotomayer, the first Hispanic justice.
-Biden appointed Ketanji Brown Jackson, the first AA female.

Question 10

What are the ideas of a conservative justice?

Answer 10

-More likely to try and achieve rulings which produce a more limited federal government.
-Want to uphold conservative ideals such as pro-gun and anti-abortion.
-Likely to interpret Constitution literally.

Question 11

What are the ideas of a liberal justice?

Answer 11

-More likely to try and achieve rulings which produce greater equality for all, even if that means a larger federal government.
-Uphold liberal ideals such as LGBT rights and gun control.
-Likely to interpret the Constitution more broadly.

Question 12

What is judicial restraint?

Answer 12

-Believes in a limited role for the SC.
-SC is to rule only for the people in front of them in a case.
-Deferring to the elected and accountable branches when possible.

Question 13

What is judicial activism?

Answer 13

-Justice who believes in using their position on the Court to achieve rulings that give desirable social ends as far as their ideology is concerned.
-May include overturning previous Court rulings.

Question 14

What are the ideas of a strict constructionist?

Answer 14

-Will stick to the wording of the constitution as the text is written, without interpretation.
-Includes protecting state power.

Question 15

What are the ideas of a loose constructionist?

Answer 15

-More willing to interpret the wording of the Constitution broadly.
-May include giving more power to federal government.

Question 16

What is originalism?

Answer 16

-Belief that the meaning and interpretation of the Constitution is set by its original principles.
-It shouldn’t be subjected to broad interpretation considering modern advances.

Question 17

What is a living Constitution?

Answer 17

-Belief that the Constitution is a living, organic and evolutionary document that can be changed through reinterpretation over time.
-Closely linked to loose constructionism.

Question 18

Who are strict constructionists on the 2025 SC?

Answer 18

-Clarence Thomas (Bush)
-John Roberts (Bush)
-Samuel Alito (Bush)
-Neil Gorsuch (Trump)
-Brett Kavanaugh (Trump)
-Coney Barrett (Trump)

Question 19

Who are loose constructionists on the 2025 SC?

Answer 19

-Sonia Sotomayor (Obama)
-Elena Kagan (Obama)
-Ketanji Brown Jackson (Biden)

Question 20

What was Dobbs v Jackson Women’s Health Organisation?

What was Biden’s response?

Answer 20

-2022
-Overturned Roe v Wade
-12 states have a complete abortion ban as a result.

Biden called it a ‘tragic error’.

Question 21

How is the length of the SC appointment process problematic?

Answer 21

-2 to 3 months.
-If the justice has died, the SC is left with 8 justices.
-This was possibly a factor in the striking down of Obama’s DAPA. There were only 8 justices, leading to a 4-4 tie after the death of Justice Scalia.

Question 22

How is the long appointment process beneficial?

Answer 22

-Ensures candidates undergo vetting and that they’re suitable for the post on the SC.
-Harriet Miers’ withdrawl was partly due to the criticism she faced for her lack of experience.
-Allows plenty of time to ensure the candidate is suitable.

Question 23

What is evidence to suggest the appointment process has become politicised?

Answer 23

-Since 2006 appointments have seen party-line votes in the Senate e.g all Rs voted for Kavanaugh but only 1 out of 49 Ds.
-Senate Judiciary Committee tends to try attack/embarass the nominee rather than elicit relevant info.
-Ps usually nominate someone with similar ideology, rather than to allow continuity/like-for-like replacement. E.g Kavanaugh and Gorsuch more conservative than predecessors.

Question 24

How can the P politicise the SC appointment process?

Answer 24

-Pick someone with an ideology that aligns with their own.
-If a P has party control of the Senate, he can get just about anyone he wants confirmed.

Question 25

Give an example of how Ps have used the SC to pack it with allies.

Answer 25

-Trump -Appointed 3: Gorsuch, Kavanaugh, Coney Barrett. -Allowed him to move the SC ideologically to the right. -Possibly reason for Dobbs v Jackson 2022, overruling Roe v Wade.

Question 26

How does the media politicise the appointment process?

Answer 26

-Create a media circus. -E.g volume of protests against nomination of Kavanaugh. -E.g Gorsuch’s appointment huge donations such as Judici Crisis Network have $10 million to support him.

Question 27

Overall strengths of the appointment process.

Answer 27

-Nominees reciece detailed background scrutiny from the White House, FBI, SJC, and the media. -Senate confirmation provides an important check on the P. -Some justices have proven to be independent of their political patrons. -Specialist IGs such as ABA provide legislators with additional insights.

Question 28

Overall weaknesses of the appointment process.

Answer 28

-SJC is politicised and partisan. -Specialist IGs are affected by the political angle. -Public nature of the process can make it a media circus and partisan. -Opposing IGs often pur millions into advertising anf lobbying the Senate. -Reinforces the impression of a highly politicised court.

Question 29

Give examples of liberal judicial activism

Answer 29

**Brown v Board of Education of Topeka 1954** - desegregation. **Roe v Wade 1973** - abortion rights. **Obergefell v Hodges 2015** - legalised same-sex marriage nationally and struck down DOMA as unconstitutional.

Question 30

Give examples of conservative judicial activism

Answer 30

**Bush v Gore 2000** - effectively gave presidency to Bush. **DC v Heller 2008** - extended the provisions of the Second Amendment to include individual right to bear arms not only for militia reasons. **Dobbs v Jackson Women's Health Organisation 2022** - overturned Roe v Wade and the constitutuional right to abortion.

Question 31

Give an example of liberal judicial restraint

Answer 31

**Whole Women's Health v Hellerstedt 2016** Demonstrated a continuing defense of Roe v Wade, a constitutional principle. Ruled that Texas' limit to two abortion clinics was unconstitutional.

Question 32

Give an example of conservative judicial restraint

Answer 32

**Glossip v Gross 2015** -Shows SC continual defense of execution based on the Constitution. -Court held, 5–4, that lethal injections using midazolam to kill prisoners convicted of capital crimes do not constitute cruel and unusual punishment under the Eighth Amendment

Question 33

What are criticisms of judicial activism?

Answer 33

-SC is **unelected and unaccountable**. -Allowing SC to strike down Acts of Congress and the executive branch, with only limited checks on their power, **breaches the separation of powers**. -Allowing Congress to strike down state laws** ignores the constitutional principle of federalism**. -Court is **acting politically** rather than neutrally. -Judicial review interprets the Constitution meaning their are a **lack of checks** on power.

Question 34

What are criticisms of judicial restraint?

Answer 34

-If SC defers to elected branches, it **may allow laws and policies that contravene the Constitution** to stand. -As the SC is unelected, they are the only branch that can deal with controversil issues/minority rights **without fear of public reprisals**. -**Codified Constitution would be outdated** if SC were unable to interpret it. -Court should act to **limit the power of government** as the FF intended.

Question 35

What Court shows judicial restraint and why?

Answer 35

The Roberts Court John Roberts became the swing justice, and often acted with judicial restraint. His decisions often don't appear to follow a particular political ideology as he changes.

Question 36

John Roberts judicial restraint shown in abortion.

Answer 36

**Gonzales v Carhart 2007** voted to uphold Partial-Birth Abortion Ban Act passed by Congress and signed by Bush - upholding actions of the elected and women's constitutional right to abortion. **Whole Women's Health v Hellerstedt 2016** voted to uphold Texas new state laws limiting abortion clinics - adhered to Texas state legislature, elected. Voted against overruling of Roe v Wade in 2022 - following the constitutional precedent set in 1973.

Question 37

John Roberts judicial restraint shown in LGBT+ rights.

Answer 37

**2015 Obergefell v Hodges** voted against recognition of same-sex marriage - accused others of enacting their own vision as it wasn't in Constitution. **2020 Bostock v Clayton County** voted in protection of LGBT+ rights - deferred to CRA 1964, passed by the elected.

Question 38

What impact can the SC have on public policy?

Answer 38

-Remove a policy -Create new policy

Question 39

In which 2 cases did the SC effect election policy?

Answer 39

**Citizens United v FEC 2020** - created new policy by allowing for the creation of Super PACs which could raise unlimited amounts for campaigning. **McCutcheon v FEC 2010** - removed the 'aggregate cap' which limited the total amount an individual could spend in an election.

Question 40

In which 2 cases did the SC affect healthcare policy?

Answer 40

**NFIB v Sebelius 2011** - upheld Obamacare. **King v Burwell 2015** - upheld the key principle of OBamacare that subsidies were available for those in the federal healthcare exchange. ## Footnote *Had they voted 'no' in 2015, it would've reduced federal subsidies by $29 billion and made healthcare unaffordable for many.*

Question 41

In what case did the SC affect environmental policy?

Answer 41

Michigan v Environment al Protection Agency (EPA) 2015 -SC limited the interpretation allowed by the executive branch when enforcing legislation. -EPA now had to consider whether costs could be justified, undermining Obama's environmental policy.

Question 42

How can the SC have an impact in choosing not to hear a case? Use an example.

Answer 42

-The ruling of the lower court will stand. -E.g. **Planned Parenthood of Arkansas v Jegley** - *challenged Arkansas' strict regulation of medically-induced abortion making it challenging to obtain the 'abortion pill'.* In refusing to hear the case, the SC allowed this law to come into force in Arkansas.

Question 43

What are the 4 cases the SC has ruled on affecting abortion law?

Answer 43

**Roe v Wade 1973** **Gonzales v Carhart 2007** - upheld Partial-Birth Abortion Ban Act 2003. **Whole Women's Health v Hellerstedt** - struck down Texas' law enabling only 2 abortion clinics in the state. **Dobbs v Jackson 2022** - overruled Roe v Wade.

Question 44

What are the 2 cases the SC has ruled on affecting marriage equality?

Answer 44

**United States v Windsor 2013** - declared DOMA 1996 unconstitutional as is denied federal benefits to married same-sex couples. **Obergefell v Hodges 2015** - made same-sex marriage legally recognised nationally. | DOMA - Defense of Marriage Act

Question 45

What do the examples of SC cases affecting law show about the SC?

Answer 45

-Interpretation. -Guaranteeing and guarding the rights and liberties of the Constitution. -Becoming a political institution. -Acting as a quasi-legislative body.

Question 46

What was the Clarence Thomas scandal?

Answer 46

-Failure to diclose lavish gifts of luxury vacations and private-jet travel from a Texan real estate magnate.

Question 47

What 4 things prtect the rights and civil liberties of US citizens?

Answer 47

-Constitution -Bill of Rights -Subsequent constitutional amendments -Rulings of the SC

Question 48

What is the Bill of Rights?

Answer 48

The first 10 amendments to the Constitution, ratified togetehr in 1791.

Question 49

What are 7 of the the 10 selected rights protected by the Bill of Rights?

Answer 49

1. **No established religion** - freedoms of religion, speech and assembly. 2. The right of the people to **keep and bare arms**. 5. **No deprivation** of 'life, liberty, or property, without due process of law. 6. The right to a **speedy and public trial**, by an impartial jury. 8. **No excessive fines** or 'cruel and unusual punishments'. 9. Enumeration of rights (written) **shouldn't contradict other rights**. 10. Powers not delegated to federal gov are **reserved to the states**.

Question 50

What are constitutional amendments that protect the rights of citizens?

Answer 50

-13th - abolished slavery. -14th - granted full citizenship to those born in the US. -15th - right to vote irrespective of race or colour and all US males in theory. -24th - forbade denial of the vote for non-payment of taxes. -19th - 1919 full voting and political rights to woemn equally to men. -26th - 1971 lowered voting age from 21 to 18.

Question 51

2 cases of the SC protecting the 1st Amendment. | Free speech and religion

Answer 51

**Synder v Phelps 2011** - ruled free speech in public, even if considered offensive or emotionally distressing, is not limited. **Burwell v Hobby Lobby Stores 2014** - Obamacare provisions cannot require employers to provide insurance cover for birth control if it conflicts with their religious beliefs.

Question 52

3 cases of the SC protecting the 2nd Amendment. | Gun control

Answer 52

**District of Columbia v Heller 2008** - ruled their is a right to gun ownership without a connection to militia, and for use in the home as self-defense. **Chicago v McDonald 2010** - ruled the Constitution protects the right to keep arms for seld-defense and thisright can't be infringed by local/state gov. **Caetano v Massachusetts 2016** - ruled all instruments that contitute bearable arms are included in the Amendment, reversing Massachusetts ban.

Question 53

1 case of the SC protecting the 4th Amendment. | Searches

Answer 53

**Carpenter v U.S 2018** - ruled to aquire cellphone location data amounts to a 4th Amendment search and therefore requires a warrant to access.

Question 54

2 cases of the SC protecting 5th Amendment. | Right to silence (Miranda rights)

Answer 54

**Miranda v Arizona 1966** - established code of conduct for police interrogations to protect the right of suspects from incriminating themselves (police must inform the suspect of their rights to remain silent and have an attorney). **Salinas v Texas 2013** - remaining silent before being read your rights can be used as evidence in a court of law.

Question 55

1 case of the SC protecting the 8th Amendment. | Capital punishment

Answer 55

**Glossip v Gross 2015** - lethal injecting using midazolam does not violate the 'cruel and unusual punishments' outlawed in the 8th Amendment.

Question 56

2 cases of the SC protecting 14th Amendment. | Women + LGBTQ rights

Answer 56

**Whole Women's Health v Hellerstedt 2016 **- Texas laws were unconstitutional. **Obergefell v Hodges 2015** - right to marry is guaranteed to same-sex couples by the 14th Amendment.

Question 57

How has the SC's power of judicial review turned it into a political institution?

Answer 57

-Can make decisions on contentious issues on which the two major parties fundamentally disagree. -Allows them to lead where both Congress and the P have been unwilling or unable to. -Effectively makes them a political institution.

Question 58

How has the court's power of judicial review made it a quasi-legislative body?

Answer 58

-Many of its decisions have had the same effect as legislation. -Seen particularly in the rulings of loose constructionists who some claim 'legislate from the bench'.

Question 59

What is affirmative action and why do some disagree with it? | What did Trump have to say about it?

Answer 59

-Designed to create a more equal lanscape by giving minority individuals an advantage. -Justice Roberts claimed it was essentially a racist policy in itself. -Trump argued against it, blaming it for a 2025 plane crash.

Question 60

What suggests the Court lack enough power to effectively protect rights?

Answer 60

-Only hear about 1% of cases. -Lacks the power to enforce its ruling and must rely on the P and Congress. -Ultimately bound by the Constitution which is rigid and old.

Question 61

How does the Constitution assist the SC is protecting rights effectively?

Answer 61

-Allows Court's rulings to have considerable influence as they are effectively sovereign. -Vagueness of the Constitution allows a good deal of breadth in the Court's interpretation to protect rights that aren't explicitely identified.

Question 62

What are arguments for a living constitution?

Answer 62

-SCs **duty to be faithful to the values/provisions of the Constitution** and protect from tyranny of the majority. -Elected branches favours majority so SC **protects minorities**. -With some amendments being virtually impossible in the modern era, judicial activism is the **only way the Constitution can be upheld**. -Principles of the Constitution are **applied in a contemporary setting**. -Some words in the Constitution are redundant today if not interpreted as the **FFs could not have envisaged our modern society**.

Question 63

Arguments against a living Constitution.

Answer 63

-Makes the SC **inherently political**, undermining independence. -**Makes the court a player** in the legislative process, not a referee. -Undermines **separation of powers**. -Changes can be **left to the elected** and accountable. -**Amendment process** exists and has been used successfully. -Purpose of the Constitution is to be **clear**, not constantly altered.

Question 64

What are checks on the SC's power?

Answer 64

-Dependent on Congress and P to uphold rulings. -Checked by public opinion. -P can only appoint justices when a vacancy occurs.

Question 65

Does the SC have too much power? | YES

Answer 65

-Gave itself the power of judicial review. -Has become more vigorous in striking down Acts of Congress over time. -Has made decisions out of line with public majority. -Unelected and largely unaccountable. -Has abused its power to bring about significant policy change (judicial activism) e.g. same-sex marriage, abortion etc.

Question 66

Does the SC have too much power? | NO

Answer 66

-Checked by Congress. -Congress has the power of impeachment. -No initiative power, must wait for cases. -Dependent on the rule of law and other branches to enforce decisions. -Public opinion restrains it. -Checked by the words of the Constitution.

Question 67

What 4 cases did the SC hear about Guantanamo Bay?

Answer 67

**Rasul v Bush 2004** - struck down parts of Bush's 'war on terror', ruling that detainees could petition petition federal gov for habeas corpus. **Hamdi v Rumsfeld 2004 + 2006** - declared military commissions to try detainees unconstitutional + detainees have a right to due process. **Boumediene v Bush 2008** - Military Commissions Act 2006 deemed unconstitutional. ## Footnote Habeas corpus - reviewing/challenging the legality of their detention.

Question 68

Reasons why the Court is imperial.

Answer 68

-Unelected and almost entirely unaccountable yet able to make decisions with a huge impact on the US. -Only one justice has ever been impeached, 1805. -Courts JR often has the final say as it is so challenging to overturn. -Can overturn decisions of elected and accountable branches. -Has broad powers to interpret the Constitution.

Question 69

Reasons why the court is not imperial.

Answer 69

-No way to enforce its own rulings, dependent on the P and Congress. -Can only rule on cases brought before it, no picking. -Decisions can be overturned if necessary. -Court has often shied away from controversial cases such as gun control. -Constitution limits how justices can rule significantly. -Justices are subject to the threat of removal.

Question 70

SC cases on immigration reform

Answer 70

**Department of Homeland Security v Regents of the University of California 2020** - Trump could not rescind DACA. **Kansa v Garcia 2020 **- gave states new authority yo use state laws to prosecute immigrants for supplying false paperwork when applying for jobs. **Trump v Hawaii 2018** - Trump successful in his tarvel ban from several Muslim majority countries.

Question 71

What is some key legislation/SC rulings concerning African American rights?

Answer 71

-Three-Fifths Compromise 1765 -13th Amendment 1865 -14th Amendment 1868 -15th Amendment 1870 -Plessy v Ferguson 1896 -1954 Brown v Board of Education -1964 Civil Rights Act

Question 72

How can groups attempt to effect change using the legal system? | Use examples

Answer 72

-Bring cases before the SC e.g. *BAMN brought a case in 2014 to challenge affirmative action ban in Michigan.* -Amicus curiae briefs e.g. *more than 60 filed for Trump v Hawaii 2018 from groups such as NAACP.*

Question 73

Give an examples of mass demonstration organised to try and achieve change?

Answer 73

-March on Washington for Jobs and Freedom 1963. -Black Lives Matter (founded 2013). -2018 Women's March gathered 500,000 people to Washington to protest against Trump and fight for women's rights. -Montgomery Bus Boycott 1956.