Flashcards in USA4 Deck (16)
what is the power of judicial review?
what are the 4 ways in which the supreme court is independent?
can rule on whether state or federal law is constitutional.
-separation of powers
what is the judicial review process ?(4)
-4/9 need to agree to a case
-plaintiff briefs are collected
-plaintiff/defence given 30 mins
what is the appointment process ?(5)
-senate judiciary committee
-full senate vote
strengths of appointment process? (3)
-elected branches accountable
-politicised by the president
-politicised by the senate
-media, hinders chances of nominees
what are the 3 judicial ideologies ?
-liberal, protect rights, socially progressive
-conservative, gov authority and guns
-swing, middle ideologically
what is public policy?
what are the supreme courts 3 potential impacts on public policy?
policy that involves lives of US citizens
-uphold constitutional value, protect policy
-striking down removes policy
-either can produce new policy
what is judicial activism?
-elected branches shy away from controversial issues
-current problems need solutions now
-need interpretation to be relevant
-founding fathers didn't know 21st issues
-ignoring issues could breech constitution
why is judicial restraint the correct approach? (5)
-supreme, unelected unaccountable
-don't know what fathers intended
-already interpreted, reinterpretation uses personal views
-limited ways to check, act limited
-activism undermines independence and neutrality
living constitution (2)
-loose constructionist philosophy
-strict constructionist philosophy
Bill of Rights...
-in need of interpretation
rights protected by supreme court ruling ?
-1st amendment free speech
-8th amendment death penalty Guantanamo bay
-3rd right to privacy
row vs wade (1973)
Race and Rights 3 methods?
-civil disobedience, demos 'black lives matter'
-22 districts represented by African US
what is affirmative action? introduced by? when? achieved by ?
equality of opportunity in US, Kennedy, 1965, quotas
-2014, 63% support
-supreme court upheld AA in uni (fisher v Texas 2016)
-majority favoured AA not preferential treatment
-suggested in 25yr AA not needed
-Michigan right to outlaw AA
supreme court is judicial? (7)
-rule based on constitution
-relies on elected branches to enforce
-no initiation power
-appointed on experience (ABA rating)
-do not vote on party/ideology lines
-emphasise stare decisis(previous decisions)
supreme court political?(5)
-rules on law/action of elected branch
-divided into liberal/conserve (ideologies)
-impact far beyond plaintiff
-chosen for political ideology
-president/congress/interest groups try influence through media
is the supreme court an 'imperial judiciary' (too much power)
-judicial review overrule elected branches
-review impossible to overturn
-chooses cases for public impact
-no enforcement power
-only rule on constitution
-only hear 80 cases a year
-reluctant rule on controversy
-subject to checks and balances
-many cases dull