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16 Cards in this Set
- Front
- Back
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List 4 checks by Congress
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1. Senate has power to confirm or reject appointments
2. Number of justices 3. Impeachment 4. Constitutional amendments - negate decisions |
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How does the Senate's power to confirm and reject appointments put a check and balance on the court?
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Hand in who does/doesn't sit on the Court
e.g. Robert Bork 1987; Harriet Miers 2005 |
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How does the Senate's power to decide how many justices sit on the court put a check and balance on the court?
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Increase in number = new appointments, alter philosophical make-up
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Why did Congress refuse FDR's plan to increase unmber of SC justices from 9-15?
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Nature of the court would be altered
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How does the Senate's power to impeach put a check and balance on the court?
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Threat is effective - 1968 Abe Fortas resigned rather than face impeachment
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How does the Senate's power to initiate constitutional amendments put a check and balance on the court?
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Negates decisions by the Courts
e.g. 1895 Pollock v Farmers' Loan and Trust Company declaring federal income tax unconstitutional - Congress initiated 16th Amencment |
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What was the 16th Amendment initiated due to?
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Pollock v Farmers' Loan and Trust Company declaring fed income tax unconstitutional
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Give examples of Congress' attempts to initiate constitutional amendments to overturn SC decitions
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1. Flag burning
2. School prayer 3. Abortion rights 4. Congressional term limits |
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List 2 checks by the president on the SC?
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1. Nomination
2. Decision to throw political weight behind a decision of the court or criticise it openly |
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How did Eisenhower give political support to Court decisions?
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1. Brown v Board
2. used power of c-i-c to send fed troops to Little Rock High School |
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List 5 other checks on the SC
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1. No power of initiation
2. no enforcement power e.g. Brown v Board 3. Public opinion 4. Self-checking 5. Constitution |
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Why is the court unable to rule on the matter of thw War Powers Act?
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No case regarding the Act has appeared before the court
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How has the court tries to lead and mould public opinion?
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Brown v Board
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How has the court tried to be careful to try to mirror public opinion?
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1992 Planned Parenthood v Casey -
Court decided neither that women no constitutional right to choose an abortion nor that such a right was unlimited Ruling: right to abortion but limitations but states |
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How does the SC have a check on itself?
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- Brown v Board/Plessy v Ferguson
- Stanford v Kentucky/Roper v Simmons - executions for minors are a violation of 8th Amendment - Scalia wrote the maj opinion in 'Stanford v Kentucky' was still on the court to see the opinion overturned! |
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How is the constitution a check on the SC?
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Some parts open to interpretation (e.g. 1st amendment) other parts are unambiguous allowing little room for modern-day interpretation by the court
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