The supreme Court

• Article 3 of the constitution vests the judicial power of the US into the supreme court.
• Originalism is the idea that the US constitution is fixed and should not be left to interpretation , often a view upheld with conservative justices .
• Living constitution is the idea that the constitution is evolutionary and may change over time , often a view of liberal justices
• How many cases were held between 2022 and 2023?

  58 cases , 96% of cases are rejected . The supreme court usually takes 100 - 150 cases a year .
• Roles of the supreme court

  • It serves as the final court of appeal , individuals may appeal to the supreme court if they are disatisfied with the ruling by lower courts .
  • Uses judicial review to determine if laws are consistent with the constitution .
  • Creates legal precedents that lower courts must follow
  • Protects individual rights and fundamental liberties , ensure government branches adhere to the constitution
  • Acts as a check on power of the executive and legislative powers
• Why are lifetime appointments important for Supreme Court justices?

  They ensure no pressure of elections to alter their views as long as 'good behaviour' is upheld.
• What role does salary protection play in the independence of Supreme Court justices?

  It ensures economic protection and judicial independence.
• How can Supreme Court justices be removed from their position?

  They can be removed through impeachment .
• What is the significance of the fact that only one justice has been impeached in 1804?


  Implies that justices can get away with bad behaviour as ' good behaviour ' isnt clearly defined .
• How does control over case selection contribute to the independence of the Supreme Court?

  It allows justices to select significant issues to address .
• What are the key factors that keep the Supreme Court independent?

  • Lifetime appointments of justices
  • Appointment process involving presidential nomination and Senate confirmation
  • Salary protection for economic independence
  • Impeachment process for removal of justices
  • Control over case selection
• Can the independence of the supreme court be questioned?

  Justices are nominated by the president and confirmed by the senate , therefore as both are politicised bodies , justices can have ideological leanings . E.g Kavanaugh nomination in 2018 by trump and confirmed by republican majority senate lead to questions of political influence over court .
• Can the supreme courts independence be questioned?

  Confirmation process has become focused more on candidates ideological leanings rather than skills as a judge while voting for the candidate in the senate has become increasingly partisan e.g conformation process of Barrett in 2020 , despite her qualifications as a judge hearing focused on her beliefs regarding abortion and political leanings .
• Can the independence of the supreme court be questioned?

  Nominees are chosen for their political beliefs rather than merit as a judge leading to a more impartial court , ideologically driven appointments threatens neutrality e.g Clarence Thomas 1991 nomination was seen to occur due to his similar political beliefs with President Bush rather than judicial qualifications .
• What case was judicial review established through and when was it?

  Marbury v Madison 1803 , establishing the supreme court has the final say in interpreting the constitution and has the authority to invalidate laws . It was then expanded in 1810 to include state laws through Fletcher v Peck .
• Name of the case that overturned Roe v Wade?

  Dobbs V Jackson 2020 , abortion was reinterpreted as not a constitutional right .
• Name of case used to end racial segregation in school?

  Brown V Board of education 1954 , this overturned the ' separate but equal ' rulings of Plessy v ferguson 1896 .
• Arguments for judicial review

  • Ensures all laws and government action align with the constitution , safeguarding rights
  • Acts as a check on the executive and legislative branches
  • Allows constitution to evolve through interpretation over time , ensuring relevance
• Arguments against judicial review

  • Judicial review wasnt mentioned in the constitution , instead the power was given to the supreme court by itself .
  • Unelected judges hold significant power , leading also to judicial overreach
  • Interpretations of justices can be politically influenced
• Argument the supreme court is politicised due to its role in the political system

  • The supreme court has gone beyond its role of interpreting and upholding the constitution . This can be seen in 2023 where the supreme court struck down Bidens student loan forgiveness plan , showing the courts ability to influence policy directly .
• Argument the supreme court isnt politicised due to its role in the political system

  • The supreme court holds the role of upholding the constitution and therefore isnt politicised e.g the unanimous decision to strike down colorados effort in 2024 to disqualify trump from running as president . It was a judicial decision rather than a political one .
• Name of case overturning Roe v Wade?

  Dobbs V Jackson