The Supreme Court

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Who appoints members to the Supreme Court?
The president
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Who confirms the appointments made by the president?
The Senate (simple majority)
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How can a justice be removed from the court?
Impeachment, tried and removed from office by Congress, voluntary retirement, death
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What does the appointment process look like?
President waits for an opening, begins search for candidates, background checks, president announces the nominee, American Bar Association rates them, hearing at the Senate Judiciary Committee (vote on recommendation), debated in the Senate, final vo
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Where will the president look for nominations?
Federal appeals court (Sonia Sotomayor), the state courts (Sandra Day O'Connor), the executive branch (Elena Kagan), academia (Elan Kagan)
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Who did the Senate rejected in 1987?
Robert Bork
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What are the two types of judges?
Loose (liberal) + strict (conservative)
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What is judicial review?
The power of the Supreme Court to declare acts of Congress, or actions of the executive - or acts or actions of state governments - unconstitutional, and thereby null and void
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What is judicial restraint?
An approach to judicial decision-making which holds that a judge should defer to the legislative and executive branches and should put great stress on the precedent established in previous Court decisions
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What is judicial activism?
An approach to judicial decision-making which holds that a judge should use his or her position to promote desirable social ends
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What is due process?
Can mean either 1. substantive due process: the requirement that the substance of the law be administered fairly, reasonably and constitutionally; or 2. procedural due process: the requirement that the process of the law must be fair
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Court case for the first amendment: freedom of religion?
Lee V. Weisman 1992 - Court declared prayer at public school graduation ceremonies unconstitutional
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Court case for the first amendment: freedom of speech and expression?
Texas V. Johnson 1989 - Texas state law forbidding the burning of the US flag was declared unconstitutional
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Court case for the second amendment: right to bear arms?
United States V. Lopez 1995 - Declared the 1990 - Gun-Free School Zones Act unconstitutional
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Court case for the fifth amendment: right to silence?
Miranda V. Arizona 1966 - right to remain silence extended to be reminded of that right when being arrested
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Court case for the eighth amendment: capital punishment?
Roper V. Simmons 2005 - unconstitutional to send anyone to death for a crime they committed before they were 18
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Court case for the fourteenth amendment: rights of racial minorities?
Brown V. Brown of Education of Topeka 1954 - led to the desegregation of schools
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Court case for the fourteenth amendment: abortion rights?
Roe V. Wade 1973 - Court struck down a Texas state law forbidding abortion
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Court case proving the Supreme Court's checks on congressional power?
United States V. Lopez 1995 - Stated Congress has exceeded its power
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Court case proving the Supreme Court's checks on presidential power?
United States V. Richard Nixon 1974 - The Court declared the president's refusal to hand over the White House tapes to be unconstitutional
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What checks does Congress have on the Supreme Court?
Senate confirms appointments, House can impeach justices and Senate try them, Congress can alter the number of justices
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What checks does the president have on the Supreme Court?
President nominates all justices, can support or criticise decisions, has the power of pardon
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What are the other checks on the court?
The court has no enforcement powers, the court has no initiation power, public opinion can be a check on the Court, some parts of the Constitution are not open to interpretation, supreme court can reverse previous decisions
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Other cards in this set

Card 2

Front

Who confirms the appointments made by the president?

Back

The Senate (simple majority)

Card 3

Front

How can a justice be removed from the court?

Back

Preview of the front of card 3

Card 4

Front

What does the appointment process look like?

Back

Preview of the front of card 4

Card 5

Front

Where will the president look for nominations?

Back

Preview of the front of card 5
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