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Flashcards in The Supreme Court - P2 Deck (23)
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1
Q

How many judges are there?

A

9

1 chief justice and 8 associate judges

2
Q

How do judges become SC judges (summary)?

A
  • appointed by president
  • confirmed by the senate by a simple majority
  • hold for life
3
Q

How do judges leave the Supreme Court?

A
  • impeached/ tried and removed from office by Congress
  • voluntary retirement
  • death
4
Q

What are the 4 main sources of recruitment for the Supreme Court?

A
  1. the federal appeals court
  2. state courts
  3. the executive branch
  4. academia
5
Q

What are the 7 stages of the appointment process?

A
  1. President’s aids select candidates + draws short
  2. FBI background checks
  3. President announces nominee
  4. ABA offers a rating on suitability based on expertise
  5. Hearing by Senate Judiciary Committee for nominee. Vote is taken to recommend nominee or not.
  6. Nomination is debated in Senate
  7. Vote in Senate - simple majority required.
6
Q

What is the ABA?

A

American Bar Association

7
Q

Define Judicial Review

A

The power of the Supreme Court to declare acts of Congress/ the executive unconstitutional and therefore strike them down.

8
Q

The power of judicial of review isn’t outlined in the constitution.

Which SC Case established the power of judicial review?

A

Marbury vs. Madison

9
Q

What are the two main philosophies of judges?

A
  1. Loose constructionists

2. Strict constructionists/ originalist

10
Q

Loose constructionists -

Ideology

A

Liberal

11
Q

Loose constructionists -

Characteristics (2)

A
  1. Read into the Constitution

2. Favour federal government power

12
Q

Loose constructionists -

Party

A

Democrat

13
Q

Loose constructionists -

Examples

A

Sotomayer

Kagan

14
Q

Strict constructionists/ originalists -

Ideology

A

Conservative

15
Q

Strict constructionists/ originalists -

Characteristics (2)

A
  1. strict/ literal interpretation of the Constitution

2. Favour State’s rights

16
Q

Strict constructionists/ originalists -

Party

A

Republican

17
Q

Strict constructionists/ originalists -

Examples

A
  1. Roberts

2. Alito

18
Q

Define judicial activism

A
  • use position to promote desirable ends
19
Q

Define judicial activism

A
  • not use position –> defer decisions to executive and judicial branch
  • uphold judicial precedent
20
Q

What are the two types of due process?

A
  1. substantive due process (what the law is)

2. procedural due process (application of the law)

21
Q

What is substantive due process?

A

the requirement that the substance of the law be administered fairly, reasonably and constitutionally

22
Q

What is procedural due process?

A

the requirement that the process of the law must be fair

23
Q

What is the constitutional basis of the SC power? How do they give the court power?

A
  1. The due process clause
  2. The equal protection clause

Gives the SC the material with which to strike down laws.