the judiciary

• how is the independence of the supreme court protected?

  • separation of powers
  • life tenure
  • protected salary
  • appointment process
• what is the judicial review process?

  • 'rule of four' - 4 out of 9 have to agree
  • all documents sent to SC
  • briefs collected
  • 30 mins of oral argument given to put forward their case
  • reach majority agreement and write both majority and idssenting opinon. All reasoning drawn from constitution
• which case allowed the creation of judicial review?

  marbury v madison (1803)
• appointment process to supreme court?

  • vacancy occurs
  • presidential nomination
  • ABA rating - Clarence thomas only judge to get 'qualified' instead of 'well qualified'
  • senate judiciary committee
  • full senate vote - Gorsuch 54-45 in senate
• strengths of process?

  • ensures independence
  • ensures qualification
  • roles of elected branches given some accountability
• weakness of appointment process ?

  • politicised by president
  • politicised by senate
  • role of the media can hinder chances of nominee through coverage
• what are the potential impacts which the supreme court can have on public policy?

  it can protect it, it can remove it, it can replace it.
• when was obergefell v hodges?

  2015
• what happened in obergefell v hodges?

  made same-sex marriage legal in every state, reasonable impact as 13 states did not have such a law.
• when was texas v us?

  2016
• what happened in texas v us?

  supreme court struck down DAPA
• when was NFIB v Sebelius?

  2012
• what happened in NFIB v Sebelius?

  upheld obamacare saying it was inline with constitutional requirements regarding tax
• when was whole women's health v hellerstedt

  2016
• what happened in whole women's health v hellerstedt?

  struck down full implementation of texas law which reduced number of abortion clinics in entire state to just 7
• what is an example of the supreme court ruling being overturned by a constitutional amendment?

  striking down of congressional income tax act of 1894, to enable to raising of income tax, 16th amendment added to the constitution
• what are the arguments for judicial activism?

  • elected branches often shy away from controversial issues as it may cost them votes
  • current problems need solutions now - congress often slow to act
  • without interpretation - constitution irrelevant
  • founding fathers could not imagine challenges of 21st C
  • ignoring issues could lead to breaches of constitution
• what are arguments for judicial restraint?

  • supreme court unelected + unaccountable
  • no one can know what founding fathers intended
  • previous court decisions already interpreted constitution
  • limited ways to check court means they should act in a limited fashion
• what is affirmative action?


  something introduced to redress the historic injustices faced by race groups in america. Done through kennedy's executive order of 10925
• what is an example of affirmative action?


  regents of the university of california v bakke case in 1978 - 16 out of 100 spaces put aside for racial minority students in medical school. Bakke argued that he scored higher than some of minority applicants yet denied a place - Court sided with uni
• how many americans support AA in colleges in 2014?

  64%
• when was schuette v coalition to defend affirmative action and what did it do?

  2014 - upheld michigan's right to outlaw AA.
• what are the arguments that the SC is imperial?

  • power of judicial review allows overruling of executive branches
  • judicial review almost impossible to overturn
  • justices appointed for life and almost impossible to remove
  • supreme court chooses to decide on cases which have biggest public impact
• what are the arguments that the SC is not imperial?

  • has no enforcement power
  • court can only rule about constitution and nothing more
  • court can only hear around 80 cases a year
  • court reluctant to rule on particularly controversial issues - only 3 notable cases on gun control since 1990
  • court subject to checks and balances
  • many cases dull and not landmark
• what and when was the guantanamo bay ruling?

  2008, Boumediene v Bush - ruled detainees had rights to protection under us consitution.
• when was affirmative action stopped?

  june 2023