Fichas
Topic 4 - Judicial Branch of US Gov.
Fichas del conjunto (28)
- 1Define Federalism- Structure of US Government
- Division of political power between NATIONAL and LOCAL government
- Contrast to UK unitary system
- Power separation defined in constitution
- Protect the individual interests of states - 2Define Judicial Review- To assess the constitutional validity of law
- 'checks and balances' over both the executive and legislative branch
- not part of the constitution
- 1st example = 1803, Marbury v Madison
- Not in UK - 3Importance of Membership in Supreme Court- 9 members
- Membership lasts for life
- Most important appointment
- Allows President to leave a legacy after term is up
- e.g. Brennan appointed by Eisenhower in 1956 but stayed in court until 1990 - 4Appointment process to the Supreme Court1) Wait for vacancy (av. every 2 years)
2) Search for suitable candidate
3) Shortlist drawn up with FBI checks
4) American Bar Association (ABA) suitability rating
-a) Senate Confirmation
-b) Candidate investigated by Senate Judiciary Committee - witnesses called - 5Examples of rejected candidates- 1987, Robert Bork = rejected by committed and Senate, 'too conservative'
- 1991, Clarence Thomas = split committee BUT won Senate by 4 votes
- 2005, Harriet Miers = withdraw after public criticism
- 2016, Merrick Garland = Congress refuse to even start the process - 6What is the Role of the Supreme Court?- Supreme Court decided whether laws contravene the sovereign constitution
- Judicial Review
- Becoming a highly political role - 7List 5 Republican appointed Judges- John Roberts = CHIEF JUSTICE (2005)
- Anthony Kennedy = both loose and strict / 'swinger' (Reagan, 1988)
- Clarence Thomas (Bush, 1991)
- Samuel Alito (G.W Bush, 2006)
- Neil Gorsuch (Trump, 2016) - 8List 4 Democrat appointed Judges- Ruth Ginsburg (Clinton, 1993)
- Stephen Breyer (Clinton, 1994)
- Sonia Sotomayor (Obama, 2009)
- Elena Kagan (Obama, 2010) - 93 reasons appointment system criticised1) Politicalised by President -
same ideology
2) Politicalised by Senate - oppose if from dif. party than majority - 2016, Garland
3) Policialised by media -
Thomas attacked despite experience - 10David Souter- Appointed by Bush Senior
- never asked his views on abortion
- expected to have conservative outlook
- BUT typically followed liberal outlook
- Waited until Obama to retire = have a liberal replacement - 11Examples of Judicial Review ruled UNCONSTITUTIONAL1) Bush vs Gore, 2000 - Florida recounts
2) Furman vs Georgia, 1972 - lethal injections as 'cruel and unusual'
3) Roe vs Wade, 1973 -Texan abortion law
4) DC vs Heller, 2008 - banning handguns
5) Adarand Constructors vs Pena, 1995 - positive discrimination in employment - 12Examples of Judicial Review ruled CONSTITUTIONAL x31) NFIB vs Sebelius, 2012 - 'Obamacare' imposed as an income tax
2) Obergefell vs Hodges, 2015 - guarantee to gay marriage
3) NY times vs US, 1971 - release pentagon papers - 13Limitations of Supreme Court Power x6- Court can reverse own rulings
- Has no power of initiation - court cases brought to them
- Has no enforcement powers
- Limited flexibility due to constitution
- By President (LATER)
- By Congress (LATER) - 14How can the President limit the courts power?- President appointments change court political balance
- Judges need President support on rulings (BUT not always - Flag desecration, 1989)
- Has power of enforcement - 15How can Congress limit the courts power?- Appointment confirmation = influence membership
- Impeachment power = use as threat
- Can change the number of judges
- BUT difficult to make constitutional amendments - 16Does the US Supreme Court have too much power? - YES x3- Judicial Review
= 'checks + balances', influence policy
- Un-elected body
= power unchecked by term limits/election
- Bring about change
= imp. social change with political implications (Brown Ruling, 1954) - 17Does the Supreme Court have too much power? - NO x3- Checks already exist on power
= membership, impeachment, public
- Constitution sets out limits
= defined role, no initiation or enforcement
- Court is a 'servant' to the law
= interpret the law NOT make it - 18Strict constructionism- literal meaning of constitution
- ORIGINALISM
- NO open interpretation
- Not judges responsibility to respond to changes in society
- Bork and Scalia
- Judicial restraint - 19Loose constructionalism- Go beyond literal meaning
- use variety of evidence - foreign laws
- Protection of minorities
- 'legislating from the bench'
- Roe vs Wade, 1973 = interpretation of 9th amendment
- Judicial activism - 20Different interpretations of Capitol punishment- Originalists follow 5th Amendment of a "capitol crime"
- Activists follow 8th Amendment of a "cruel and unusual punishment" - 21Judicial Activism- Activists courts = reforming US society
- Warren Burger's court - 1973, Roe vs Wade
- Court seen as equal to exec. +legislative
- Role in shaping and making policy
- often a term used with neg. judgement - 22Judicial Restraint- Court which uses previous rulings as guideline for future
- follow precedent
- Separation of powers
- 'judical deference'
- fewer statue laws made unconstitutional - 23Define Judicial IndependenceA separation of powers away from the other branches of US Government and should not be subject to their influence - private or partisan
- 24How does the Supreme Court protect the rights of citizens?Through court rulings and interpretations, (particularly in active + loose courts) citizens are protected.
- Religion, Law and Order, Freedom of expression, Abortion, Discrimination, LGBTQ, Guns - 25What are 'entrenched rights'?The rights which are explicitly outlined in the US constitution - Bill of Rights
- 26What is the concept of 'original intent'?- Original intent of the Founding Fathers
- Followed by strict constructionism
- Originalism
- There is a single, unified definition behind the constitution - 27Situation of current Supreme Court- Kennedy to retire soon meaning an unbalanced court
- Arguably active as upheld 'Obamacare', 2008, and legalised gay marriage, 2015 - 28Ways in which the Supreme Court has become increasingly politicalised1) Judicial Review - law like rulings, in UK gay marriage was legalised through Parliament
2) Types of Issues - abortion, LGBTQ, capital punishment etc long been featured in political debate due to party disagreement --> 2000 Bush v Gore = chose President?
3) Appointment process - partisan judgement, Garland 2016
4) 'Advice and Consent' powers - during divided Gov. become 'search and destroy'
BUT contrast with Court limitations!!!
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- - Government & Politics Fichas sobre Topic 4 - Judicial Branch of US Gov., creado por Emily Bevis el 06/01/2018.
- Creado por
- Emily Bevis · ene 2018
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- 23 mar 2018
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