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10 Cards in this Set
- Front
- Back
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What is the role of the court? |
The court interprets the constitution (Judicial Review) and many cases have major political implications. Nearly all cases are appeals from the lower courts (less than 100 each year). A 5-4 majority required. |
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What is Judicial Review? |
The power to decide if Congressional or state laws or actions the President are in accordance with constitution. If not, they are deemed 'unconstitutional' (struck down). This power is not in the constitution but developed after the 1803 Marbury v Madison Case. |
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How is Judicial independence maintained? |
•Separation of powers •Judges appointed not elected •Lifetime tenure •Pay cannot be reduced •Impeachment is difficult |
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Liberal V Conservative divide |
After ww2 a lot of civil rights cases e.g. segregation/abortion. Conservatives argue that liberal judges imposed there own laws and not sticking to FF views. They want liberal judges replaces to Roe v Wade be overturned. |
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What factors influence a President's choice? |
•Judicial Philosophy: Liberal/conservative judge, President will nominate someone v similar to them. However Bush appointed David Souter (v liberal on many issues) •Judicial Ability: Need credibility e.g. Elena Kagan only one who wasn't a judge before but she was a distinguished academic. Miers seen as unqualified (poor grasp on constitutional law). •Composition of Senate: esp if Senate controlled by opposition party (3 republics rejected by Dem Senate since ww2). •All groups represented: If it wants to remain legitimate e.g. Obama and Sotomayor (2008) |
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What is the Process Of Appointment? |
•President nominates (FBI check/ABA rating) •Senate Judiciary Committee (interviews/calls witnesses-anita Hill) also has a non binding vote. Bork defeated 9-5 in 1987. •Whole Senate votes |
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What are the problems with the appointment process? |
•Politicisation: Increased conservative/liberal partisanship (less objectivity) E.g. EK got just 70 votes in 2010. E.g. PGs like NOW ran a $15 mill on a successful Anti-Bork campaign. •Meaninglessness: Kagan called hearings a 'charade' because as of Bork they are guarded/evasive with their responses. Also no accountability to stick to what they said, e.g. Chief Roberts. |
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Different Interpretations of the Constitution? |
Conservative approach Strict: Constitution should be interpreted just as it was written. Originalism: Idea that C should be interpreted in the context of what the FF wanted. 》Doesn't work because segregated schools were once accepted.
Liberal Approach Loose/Living: Has to evolve and be interpreted in a way that is relevant to the modern world. Judicial Activism. 》Too long to change constitution so SC have to being it up to date (societal values change cause public flogging was once accepted)
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What is Judicial Activism? |
Is the overriding by the SC of a state or Congressional law, or the reversal of one of the court's own precedents (previous rulings). |
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What is Judicial Restraint? |
Judges should only intervene in serious cases when constitution has been violated. |
