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Flashcards in USA4 Deck (16)
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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
-life tenure
-protected salary
-appointment process


what is the judicial review process ?(4)

-4/9 need to agree to a case
-plaintiff briefs are collected
-plaintiff/defence given 30 mins
-need majority


what is the appointment process ?(5)

-presidential nomination
-ABA rating
-senate judiciary committee
-full senate vote


strengths of appointment process? (3)

weaknesses? (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?
correct approach?(5)

theory applied
-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)

originalism (2)

-evolutionary document
-loose constructionist philosophy

-interpreted literally
-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?


-supreme court
-civil disobedience, demos 'black lives matter'
-ballot box

-22 districts represented by African US
-24/30 Hispanic


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

-republicans oppose
-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)
-independent tenure
-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
-judicial activism
-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


opinion on gun control..
-judicial restraint?
-living constitutionalist?
-judicial activists?

-upheld 'right to bear arms'
-crucial to protection of state
-congress/president- rule as elected branch
-lack of interpretation concerning
-founding fathers didn't mean gun for every
-congress/president failed to act