Summary
The Supreme Court in the US - summary notes
- Course
- Institution
easy to revise from - good for last minute revision
[Show more]
Seller
Follow
sophieallsop97
Content preview
The Supreme Court: SummaryArticle III – 9 justices, 1 chief justice, 8 associate justices – only hear 1% of cases
a. Independence – maintained through the appointment process, tenure and salary arrangements ($274,000)
b. Life tenure
c. Key political role is exercised through judicial review
Appointment process: vacancy (dies/retires/impeached), nomination by president (similar ideological outlook), ABA
rating (not in constitution), senate judiciary committee (experts etc), senate simple majority vote.
STRENGTHS: independence (not expected to be loyal and cannot lose their job due to unpopular decisions),
suitability through SJC and ABA, accountability (senators play a part in the process to ensure some democratic
accountability)
WEAKNESSES: politicised by both the president and the senate (senate can block justices, president nominates –
Kavanaugh and Barrett), media can impact decisions on nominations, imbalanced court (6 conservatives)
Judicial review – not enumerated in the constitution (majority opinion/dissenting opinion)
Overturning of decision by the supreme court is seen as quasi-sovereign – almost irreversible
1. Obergefell v Hodges 2015 – same sex marriage
2. Reversal of Roe v Wade 1973 – lets states decide on abortion laws
3. Gonzales v Oregon 2006 – euthanasia decided by states
POWER: judicial review, independence due to life tenure, interpretation due to vagueness (confirmed in Marbury
Madison 1803 – supreme court grants itself judicial review)
LIMITED POWER: limited to the wording of the constitution (conservatives and judicial restraint limit the power), can
be subjected to external pressures (media/president), limited jurisdiction to constitutional issues only – they can be
undermined by constitutional amendments
JUDICIAL: 9-0 decisions happen 80% of the time showing that decisions are made on the basis of law rather than
political ideology, independence – US v Nixon 1974 (justices that Nixon appointed found against him)
POLITICAL: ideological – Gore v Bush 2000 all conservatives voted against Gore, external influence from
congress/president/pressure groups, ‘legislating from the bench’
Public policy: Citizens united v FEC 2010 – some provisions of the bipartisan campaign reform act violate the 1 st
amendment – allowed super PACs, criticised by Obama’s state of union 2010
Race – civil rights campaigns (Rosa Parks, MLK) resulted in legislation such as the Civil rights Act 1964 and the Voting
rights Act 1965
Affirmative action in college admissions upheld by University of California v Bakke 1978, Grutter v Bollinger
2003, Fisher v University of Texas 2016
Against affirmative action – Schuette v Coalition to defend affirmative action 2014
Interest groups such as NAACP, Black Lives Matter
Immigration reform: Obama filed to pass his DREAM act through congress, but used executive orders to pass DACA
and DAPA to protect children, Texas v US 2016 found DAPA unconstitutional. Trump introduced the Muslim travel
ban, reversed DACA by executive order in 2017, increased deportation. 2017 – Biden reversed many of these reforms
INTEREST GROUPS EFFECTIVE: lots of access point like ACLU, can take cases to the supreme court and provide amicus
curiae briefs, bill of rights entrenches rights so groups can refer to this clearly.
INTREST GROUPS INEFFECTIVE: does not guarantee a change in the law, can sometimes find against civil rights groups
(2012 upholding the rights of a state to carry immigration paperwork), bill of rights also guarantees the rights of a
state.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller sophieallsop97. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $10.59. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67474 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now