The Supreme Court and Civil Rights
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- Created by: evekav
- Created on: 04-04-22 14:57
What is the central role of the Supreme Court?
Uphold the Constitution (Article III)
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Which parts of the Supreme Court were established by the Constitution?
*Article III, section 1 - established SC
*section 2 - extent of judicial power
*", section 1 - life tenure
*", section 2 - original jurisdiction, a case is tried by the SC (states, fed gov+states)
*Appellate jurisdiction
*section 2 - appointment
*section 2 - extent of judicial power
*", section 1 - life tenure
*", section 2 - original jurisdiction, a case is tried by the SC (states, fed gov+states)
*Appellate jurisdiction
*section 2 - appointment
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Which parts of the Supreme Court were implied by the Constitution?
Judicial review - established=Marbury v Madison 1803 -> further defined by Fletcher v Peck 1810.
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Which parts of the Supreme Court were established by Acts of Congress under constitutional authority?
Congress has power to:
*Establish inferior courts - 13 circuit courts below the SC
*Determine the number of justices on the court
*Establish inferior courts - 13 circuit courts below the SC
*Determine the number of justices on the court
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How is the SC independent from other political institutions through Separation of powers?
No one in the executive or legislature works closely with judges.
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How is the SC independent from other political institutions through the Appointment process?
President nominates judges when previous ones retire or die, the Senate then has to vote to confirm or reject the appointment - prevents the appointment of someone who is not independent.
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How is the SC independent from other political institutions through Life tenure?
There is no threat of removal by Congress or the president unless they have acted illegally and are impeached.
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How is the SC independent from other political institutions through their Salary?
Judicial compensation clause of article III protects the pay of judges.
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How many cases does the SC receive a year?
7000-8000
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How many cases does the SC hear?
100+
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How is a case heard?
Lawyers make an argument on either side, they are given 30 mins to do this.
All 9 justices hear the case and can ask questions.
They then discuss in private to reach a majority decision, their opinion is written in a document which refers to the Constitut
All 9 justices hear the case and can ask questions.
They then discuss in private to reach a majority decision, their opinion is written in a document which refers to the Constitut
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What does judicial review allow the SC to do?
Once actions or laws are deemed unconstitutional, they can overturn them.
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4.3
4.3
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DC v Heller 2008
(Significant public policy cases of the Roberts Court)
(Significant public policy cases of the Roberts Court)
2nd amendment case overturning a ban on handguns in the home in Washington DC
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Citizens United v FEC 2010
(Significant public policy cases of the Roberts Court)
(Significant public policy cases of the Roberts Court)
1st amendment case overturning public policy regulating money in elections, parts of the Bipartisan Campaign Reform Act were unconstitutional.
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NFIB v Sebelius 2012
(Significant public policy cases of the Roberts Court)
(Significant public policy cases of the Roberts Court)
States' rights/ interstate commerce clause and the 16th amendment right of federal gov to impose income tax.
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Shelby County v Holder 2013
(Significant public policy cases of the Roberts Court)
(Significant public policy cases of the Roberts Court)
Overturned Voting Rights Act 1965, argued there was no case for it under the 14th amendment.
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Riley v California 2014
(Significant public policy cases of the Roberts Court)
(Significant public policy cases of the Roberts Court)
4th amendment case that unanimously protected people from unwarranted police searches of their mobile phone.
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Obergefell v Hodges 2015
(Significant public policy cases of the Roberts Court)
(Significant public policy cases of the Roberts Court)
Created a constitutional guarantee of the right to gay marriage under the 14th amendment, forced many states to change their public policy.
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Whole Woman's Health v Hellerstedt 2016
(Significant public policy cases of the Roberts Court)
(Significant public policy cases of the Roberts Court)
Overturned Texas state regulations on abortions on the grounds of the 14th amendment restrictions.
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Which cases of the Roberts Court removes existing policy?
*Citizens United v FEC 2010
*Shelby County v Holder 2013
*Shelby County v Holder 2013
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Which cases of the Roberts Court upholds existing policy?
*NFIB v Sebelius 2012
*King v Burwell 2015
*King v Burwell 2015
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Which cases of the Roberts Court establishes new policy?
*Obergefell v Hodges 2015
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What is judicial activism?
An approach to judicial decision making that holds that a justice should use their position to promote desirable social ends by overturning political institutions or court precedent.
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What 2 components does judicial activism have?
*Justices use their own views/values to achieve their own social or political goals
*Activism involves Court overturning other political institutions/ precedents of courts.
*Activism involves Court overturning other political institutions/ precedents of courts.
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Which court is judicial activism associated with?
Warren Court 1953-69 ->their rulings promoted civil rights (Brown v Board 1954 and Miranda v Arizona 1966)
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What is judicial restraint?
Opposite to activism
Their approach to judicial interpretation is to limit the extent to which they overturn political bodies and put great stress on the principles established in previous court decisions.
Their approach to judicial interpretation is to limit the extent to which they overturn political bodies and put great stress on the principles established in previous court decisions.
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How has judicial activism been criticised?
It has been used to find new rights in the Constitution.
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How has judicial restraint been criticised?
Dereliction of duty-> in deferring to elected politicians, the SC is failing to enforce the Constitution, restraint may fail to protect principles.
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Which cases were seen as controversial and accused of being based on rights that were not in the Constitution?
*Roe v Wade 1973 - protected right to an abortion under the right to privacy under the due process clause of the 14th amendment.
*Obergefell v Hodges 2015 - ruled gay marriage bans were unconstitutional under the due process and equal protection clause.
*Obergefell v Hodges 2015 - ruled gay marriage bans were unconstitutional under the due process and equal protection clause.
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How much power does the SC have to protect civil liberties?
Court is in an extremely powerful position as a result of entrenchment and power of judicial review.
SC constrained - eg constitutional amendments that overturn its rulings (this is rare).
SC constrained - eg constitutional amendments that overturn its rulings (this is rare).
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How much willingness does the SC have to protect civil liberties?
Vagueness of Constitution gives personal control to justices, who often interpret the Constitution in a manner that may not promote liberties apparent in the Constitution.
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Which ideological perspective are we adopting?
Rights vs Constitutional rights -> Roe v Wade upheld rights but not constitutional rights.
Each ideology claims that their rights are apparent in the Constitution.
Each ideology claims that their rights are apparent in the Constitution.
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4.5
4.5
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What were 2 key developments in racial rights?
*End of slavery after the Civil War
*Civil rights movement in 1950s and 60s
*Civil rights movement in 1950s and 60s
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What important milestones are there in race and rights?
*Affirmative action
*Election of Barack Obama
*Election of Barack Obama
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What are some of the ongoing political conflict surrounding race and rights?
*Voting rights
*Representation
*Affirmative action
*Representation
*Affirmative action
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Evidence of demonstrations more recently - methods used by racial rights campaigners.
Shelby County v Holder -> NAACP demonstrations across southern states particularly
2014-NAACP peaceful sit in at a Republican Party leader's office in Raleigh.
2014-NAACP peaceful sit in at a Republican Party leader's office in Raleigh.
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Examples of using legal methods - methods used by racial rights campaigners.
Groups utilise the 14th/15th amendments, CRA of 1964 and VRA of 1965.
Pressure groups can challenge federal or state governments by initiating a court case themselves.
Pressure groups can challenge federal or state governments by initiating a court case themselves.
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Examples of voter registration drives - methods used by racial rights campaigners.
1960s=first voter registration campaigns - supported by NAACP - involves educating the public on their voting rights.
2016 - Native American groups involved in nativevote.org and Get-The-Native-Vote.
2016 - Native American groups involved in nativevote.org and Get-The-Native-Vote.
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How did states (particularly southern) limit black voting in the past?
*Jim crow laws
*Grandfather Clause
*Literacy tests
*Felony voting restrictions
*Grandfather Clause
*Literacy tests
*Felony voting restrictions
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What did the Civil Rights/Voting Rights Acts do?
CRA - ended separate facilities
VRA - stopped state discrimination in voting
VRA - stopped state discrimination in voting
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What did the Federal Justice Department do to prevent discriminatory practice?
Vetted all state laws
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What was crucial in the re-election of Obama 2012?
Hispanic vote (his share increased from 67 to 71%)
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What has led to an increase in the focus on minority issues?
Increased diversity among elected politicians.
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What has the enfranchisement of racial minorities contributed to?
Realignment of the Democratic and Republican parties.
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Which Congress had the highest level of minority representation?
115th
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What is issue of representation within Congress?
Minority groups are under-represented, particularly in the Senate.
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Explain affirmative action.
Introduced by Kennedy
Provides additional benefits to groups who have been historically discriminated against.
Examples: awarding uni places, federal contracts/employment by government.
Provides additional benefits to groups who have been historically discriminated against.
Examples: awarding uni places, federal contracts/employment by government.
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What is the American Civil Rights Institute?
A pressure group and black opponent of affirmative action.
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Where was voting held in 2008 to decide to keep or remove affirmative action? Which one kept it?
*Arizona
*Colorado (kept AA)
*Missouri
*Nebraska
*Oklahoma
*Colorado (kept AA)
*Missouri
*Nebraska
*Oklahoma
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Which court cases have undermined affirmative action?
*University of California v Bakke 1978
*Fisher v University of Texas 2013
*Schuette v Coalition to Defend Affirmative Action 2014
*Fisher v University of Texas 2013
*Schuette v Coalition to Defend Affirmative Action 2014
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What are the arguments for AA?
*Needed to improve socio-economic status of minorities, has helped close gaps in education/income.
*Helps reduce racist attitudes by helping overcome de facto segregation.
*It works.
*Helps reduce racist attitudes by helping overcome de facto segregation.
*It works.
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What are the arguments against AA?
*Form of racial discrimination - unconstitutional as it breaks the 14th amendment.
*Wrong focus - should start younger not once life chances have already been damaged.
*Not worked, racial inequality still exists.
*Wrong focus - should start younger not once life chances have already been damaged.
*Not worked, racial inequality still exists.
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4.6
4.6
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What are interpretive amendments?
The 'amendments' made by the Supreme Court from the power of judicial review.
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How does the Supreme Court answer a constitutional dispute?
Gives a detailed written opinion in which it explains how the Constitution is to be applied.
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Example of an interpretive amendment.
Obergefell v Hodges
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What are the powers of Judicial review of the Supreme Court?
*Can overturn any other institution if it views actions as unconstitutional.
*Based on idea of constitutional sovereignty.
*Can overturn elected bodies.
Especially powerful if the supreme court applies judicial activism.
*Based on idea of constitutional sovereignty.
*Can overturn elected bodies.
Especially powerful if the supreme court applies judicial activism.
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What are the powers of Interpretation of the Supreme Court?
*Constitution is vague, giving justices great latitude in applying personal views.
*A more detailed Constitution would undermine their power.
*Vagueness magnifies power of judicial review.
*A more detailed Constitution would undermine their power.
*Vagueness magnifies power of judicial review.
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What are the powers of Independence of the Supreme Court?
*Court protected from external pressure.
*Protects judicial review and interpretation powers, allowing justices to make judgements based on constitution.
*Hard to overturn decisions due to amendment process.
*Protects judicial review and interpretation powers, allowing justices to make judgements based on constitution.
*Hard to overturn decisions due to amendment process.
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What are the limits of the Wording of the Constitution on the Supreme Court?
*Court is limited to this wording.
*Limits extent to which justices can interpret even ambiguous parts.
*Weaker if it applies judicial restraint.
*Limits extent to which justices can interpret even ambiguous parts.
*Weaker if it applies judicial restraint.
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What are the limits of Limited jurisdiction on the Supreme Court?
*Can only deal with constitutional issues.
*Weaker than other branches in controlling policy and influencing people’s daily lives.
*Does not deal with annual budget, foreign policy decisions.
*Weaker than other branches in controlling policy and influencing people’s daily lives.
*Does not deal with annual budget, foreign policy decisions.
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What are the limits of External pressure on the Supreme Court?
Subject to external influence or restraint.
Justices influenced by public opinion or pressure groups.
President’s authority may undermine court.
Can ultimately be overturned… by constitutional amendment.
Justices influenced by public opinion or pressure groups.
President’s authority may undermine court.
Can ultimately be overturned… by constitutional amendment.
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What is an imperial judiciary?
An all-powerful judiciary on whom checks and balances are weak and ineffective.
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Argument for the SC is judicial - neutral in decision making.
Decisions have to be based in the Constitution, majority decisions have to explain how the court has applied the Constitution to a specific case to articles/amendments. 9-0 decisions show personal bias is not applied.
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Argument for the SC is political - ideologically motivated in decision making.
Justices apply values when applying the Constitution, vagueness=judicial bias as they can apply their own views. Roberts court has typically split 5-4 on most significant cases. Justice Marshall 'You do what you think is right and let the law catch up'
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Argument for the SC is judicial - independent from external pressure and political process.
Constitution protects justices from political influence allowing them to remain neutral-> seen in US v Nixon in which 3 Nixon appointees ruled against him
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Argument for the SC is political - politically influenced and active.
Politicians try put pressure on judges eg presidents may attack a ruling -> Obama attacked the Citizens United ruling.
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Argument for the SC is judicial - restricted to enforcing politicians' rules.
SC can only apply the law and the Constitution, they are not free to initiate cases but must wait for a constitutional claim to be presented. The court does not have a role in every policy eg foreign policy.
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Argument for the SC is political - unlimited jurisdiction in policy making.
Justices have a big political impact, it can deal with any issue it chooses due to ambiguity of the Constitution, has been likened to a policy maker as it appears to use personal values to achieve its own goals. Bush v Gore accused of being politically mo
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What is originalism?
Idea that the meaning of the Constitution is fixed and should not be subject to interpretation.
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Which Judge is associated with originalism?
Thomas - cites the Founding Fathers
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What is the living constitution?
Idea that the Constitution is an evolutionary document that can change over time through reinterpretation by the SC.
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What is loose constructionism?
Favours a broad interpretation of a document's language.
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What are the arguments in favour of originalism?
*Restricts judges ability to force their own personal values on the Constitution and constitutional disputes.
*Gives greater authority to the Constitution.
*New principles should be voted on democratically.
*Gives greater authority to the Constitution.
*New principles should be voted on democratically.
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What are the arguments in favour of the living constitution?
*Stops the Constitution becoming an outdated irrelevance.
*Impossible to know all the exact views/values of the Founding Fathers.
*Founding Fathers may have been deliberately vague.
*Impossible to know all the exact views/values of the Founding Fathers.
*Founding Fathers may have been deliberately vague.
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What are the protection of rights - legally and constitutionally?
Measures created by the Constitution or acts of Congress that try enforce racial equality.
EG 14th/15th amendments, CRA, VRA, Immigration reform.
EG 14th/15th amendments, CRA, VRA, Immigration reform.
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What are the protection of rights - politically?
Actions by politicians, parties and pressure groups aimed at overcoming inequality.
EG NAACP and Nativevote.org voter participation, NAACP Moral Mondays.
EG NAACP and Nativevote.org voter participation, NAACP Moral Mondays.
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What are the protection of rights - socio-economically?
Involve policies that are targeted at helping racial minorities specifically in social or economic areas, and policies which benefit low-income groups regardless of race.
EG affirmative action, Affordable Care Act, My Brother's Keeper Initiative.
EG affirmative action, Affordable Care Act, My Brother's Keeper Initiative.
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Other cards in this set
Card 2
Front
Which parts of the Supreme Court were established by the Constitution?
Back
*Article III, section 1 - established SC
*section 2 - extent of judicial power
*", section 1 - life tenure
*", section 2 - original jurisdiction, a case is tried by the SC (states, fed gov+states)
*Appellate jurisdiction
*section 2 - appointment
*section 2 - extent of judicial power
*", section 1 - life tenure
*", section 2 - original jurisdiction, a case is tried by the SC (states, fed gov+states)
*Appellate jurisdiction
*section 2 - appointment
Card 3
Front
Which parts of the Supreme Court were implied by the Constitution?
Back
Card 4
Front
Which parts of the Supreme Court were established by Acts of Congress under constitutional authority?
Back
Card 5
Front
How is the SC independent from other political institutions through Separation of powers?
Back
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