The Supreme Court

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Who was the justice appointed who created the greatest ideological shift?
Clarence Thomas to replace Thurgood Marshall
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How have justices been accused of affecting the balance of the court?
Timing their retirement in order to be replaced by a president who shares their ideology
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What is an uncontroversial way of appointing justices to the Supreme Court?
Solely replace them with someone similar to them
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Where in the constitution can the supreme court be found?
In article three
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What is the US Supreme Court?
The final court of appeal in the US
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How is the Supreme Court formed?
It is appointed
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For how long are Justices on the Supreme Court for?
Life
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Who was the most recent justice to retire?
Sandra Day O'Connor
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When did Sandra Day O'Connor retire?
2006
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How long did Sandra Day O'Connor serve for?
25 years
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Who was the last justice to die?
Antonin Scalia
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Does the constitution refer to the Supreme Court having a political role?
No
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Which act first created a court system?
Judiciary Act of 1789
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What act created judicial reviews?
Marbury v. Madison
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Who was the last unsuccessful appointment of a justice?
Harriet Miers
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Who was Harriet Miers nominated by?
GWB
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Who was Harriet Miers in relation to GWB?
His lawyer
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Who was GWB replacing with Miers?
Sandra Day O'Connor
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Who was originally going to replace O'Connor?
John G Roberts
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Why did John G Roberts not replace O'Connor?
Chief Justice Rehnquist died of cancer and therefore he also needed to be replaced, thus GWB nominated Roberts as the Chief Justice instead
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Give an example of bipartisan support for Miers
Harry Reid recommended her
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What body holds great power over the appointment of justices?
The Senate Judiciary Committee
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Why did Miers withdraw her nomination?
After disastrous meetings with the Senate Judiciary Committee where she was declared unqualified
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How many nominees for justices have ever withdrawn their nominations?
Seven
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Who replaced Miers as nominee?
Samuel Alito
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Give an example of a judicial activist
Sonia Sotomayor and Elena Kagan
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What background does Sonia Sotomayor have?
A puerto-rican from New York
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Which justices have been appointed by Obama?
Kagan, Sotomayor and now Garland
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What has Kagan been accused of and why?
Being a lesbian due to her 'short hair'
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Why was Bork not confirmed to serve as justice?
Due to his strong views on abortion, the declaration that he was racist and women's rights
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Who condemned the nomination of Bork?
Ted Kennedy
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How many justices are there on the Supreme Court?
9
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Give an example of a president that never got the chance to make any SC appointments
Carter
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Where does the president look to recruit justices?
The federal appeals court, the state courts, the executive and academia
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Give an example of a justice that was recruited from the federal appeals court
Sonia Sotomayor
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Give an example of a justice that was recruited from the state courts
Sandra Day O'Connor
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Give an example of a justice that was recruited from the executive
Elena Kagan
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Give an example of a justice that was recruited from academia
Elena Kagan
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How many members of the current Supreme Court have served as judges of the federal appeals court?
Eight
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What was Kagan's history?
She had served as Solicitor General in the Justice Department and Dean of Harvard
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How many justice nominations have been rejected by the senate?
Twelve
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What is a loose constructionist?
A justice who interprets the constitution liberally
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What is a strict constructionist?
A justice who interprets the constitution in a literal fashion
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Give examples of loose constructionists
Ginsburg, Sotomayor, Kagan and Breyer
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Give examples of strict constructionists
Roberts, Scalia, Thomas and Alito
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Which party tends to appoint loose constructionists?
Democrat
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Which party tends to appoint strict constructionists?
Republican
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Give an example of a president appointing a justice without knowing they would be less strict to their ideal
GHWB and Souter
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Give an example of a swing justice
Kennedy
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What is judicial restraint?
An approach to decision making which says that judges should respect the wishes of Congress and put precedence on decisions that had come before it
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What is judicial activism?
An approach to decision making which holds that a judge should use their position to promote desirable social ends
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Give an example of the SC protecting the 1st amendment
Lee v. Wiesman when the court declared that prayer at public graduation ceremonies was unconstitutional
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Give examples of the SC protecting freedom of speech
Citizens United v. FEC and Snyder v. Phelps which protected the rights of the West Borough Baptist Church
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Give examples of the SC protecting the 2nd amendment
DC v. Heller
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Give examples of the SC protecting the 5th amendment
Miranda v. Arizona which stated that police officers need to declare that suspects have the right to remain silent
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Give examples of the SC protecting the 14th amendment
Brown v. Board of Education, Gratz v. Bollinger and Fischer v. University of Texas
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Give an example of the SC holding presidents to account
United Stated v. Nixon which ruled that his refusal to hand over tapes was unconstitutional
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How many federal judges have been impeached?
15
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Who can alter the number of judges on the SC?
Congress
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What are limits to the court?
They have no enforcement powers, they have no initiation power, public opinion can act as a check, some parts of the constitution are obvious and so can't be interpreted and the SC can reverse its own decisions
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Give an example of the SC reversing its own decisions
The decision to execute 16 year old offenders was overturned by a new decision in2005
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How have justices been accused of affecting the balance of the court?

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Timing their retirement in order to be replaced by a president who shares their ideology

Card 3

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What is an uncontroversial way of appointing justices to the Supreme Court?

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Preview of the front of card 3

Card 4

Front

Where in the constitution can the supreme court be found?

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Card 5

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What is the US Supreme Court?

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