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Supreme Court 15 Markers - Fully answered
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Complete set of 15 markers on the Supreme Court; I achieved 100 UMS in the exam.
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Supreme Court – 15 markersWhat are the most significant factors in the President’s choice of Supreme Court justices?
• Ideological leaning
• Judicial credentials
• The composition of the Senate (to ensure the nominee is voted through – a compromise)
• Ethnicity, gender or race
What is judicial review, and why is it controversial?
• Definition:
o The power of the SC to declare acts of Congress or the executive as
unconstitutional, and thereby null and void
• It is not in the constitution
o It was a power awarded to the court by itself, and thus has no constitutional backing
o People consider this undemocratic
• Through it, the court has become a quasi-legislative body
o The court can effectively amend the constitution and overrule the laws made by
elected officials
o Many see an unelected body having this much power as controversial
o ‘The third house of the legislature in continuous session’
• It has politicised the court by allowing itself to get involved in divisive issues
o Not only can it become involved, but it can overrule the other bodies and rule on the
issue
o Some see this as beneficial, as it ensures that there is an arbitrator to make a final
decision that compromises the two disagreeing sides; however, the majority see it as
wholly undemocratic and too much of an extension of the court’s power
• It has undermined the legitimacy of the court and has led to debate over its role in politics
To what extent have Supreme Court justices reflected the political views of the Presidents who
nominated them?
In what was is the independence of Supreme Court justices protected?
• The separation of powers means the judicial function is vested solely in the court
o It is theoretically free from political interference and thus remains independent of
politics
• The two stage appointment process prevents politicisation
o The fact that both the President and Senate must agree shows some form of
independence from politics, especially in the case of a divided government
• Lifetime tenure
o Have no political agenda in order to try and win re-election, and thus should in theory
always act reasonably and logically, and not vote in a partisan way
• Impeachment must be ratified by both Houses, making politically motivated impeachments
hard and unlikely
Why is the issue of the composition of the Supreme Court so controversial?
• The power it wields
o It is effectively a quasi-legislative body, and people deem this unconstitutional and
undemocratic, especially as it can overturn the rulings of the other two elected
branches
• The life tenure of judges
o Can rarely be held to account, and have the power to accumulate power
o People argue the limits to tenure of office to the President should apply to such a
powerful body
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