| How Detailed is the US Supreme Court in the USCON? | -Only 377 Words, which when contained for the 2267 Words for Congress and 1025 Words for the President, is Especially Vague |
| What does Judicial Review mean? | -Ability of the Supreme Court to Declare Acts of Congress, and Acts of the Presidency, Unconstitutional and thus Null and Meaningless |
| What does Article III state? | -'Judicial Power' is Vested in the Supreme Court
-Congress can Establish Courts
-Justices have a Life Tenure, with a Protected Salary
-Article III Section 2 describes the Cases the Court can hear, which Involves the US, Between 2 States, or between a Citizen and a State.
-Its powers are Limited to Hearing Cases which arise 'Under this Constitution' |
| What is an Appellate Court? How can this refer to the US Supreme Court? | -Court of Appeals, which deals with Cases where one of the Parties is Appealing against the Decision of a Lower Court
-The US Supreme Court is the Final Court that Citizens can Appeal. SCOTUS's Decision is Final |
| What does Original Jurisdiction mean? How can this refer to the US Supreme Court? | -Power of the Supreme Court to hear a Case First, before other Courts
-This usually is Rare, as the Supreme Court hears cases that have been Climbing up the Lower down Courts |
| How has the Constitution made the Supreme Court Independent? | -Life Tenure, no Retirement Age. Only 1 SCOTUS Justice was Subject to Impeachment Charges, that was in 1805
-Salary which will not be Intervened. Roughly $270K
-Justices are Appointed, not Elected. Presidents Nominate, Senate confirms. This Helps to not allow a Single Part Dominate
-SCOTUS has own Powers within Constitution ensuring its Sovereignty. A President, who Disagrees with the Ruling, can not really Change it |
| How else has the Supreme Court been seen as Independent - what other Guarantees? | -Appointment Process is Intense, and Judicial Experts will have their say such as the American Bar Association
-Court's Power of 'Judicial Review' is Accepted, and its ruling never go Ignored by Federal / State Governments |
| How can a Judicial Review be overturned? | -The Amendment Process, which is a completely Rigorous Process. This had only happened only a Minute of Times |
| Which cases does the Court use which had taken the power of 'Judicial Review' | -1803: Marbury vs Madison. This led to the Supreme Court declaring an Act of Congress Unconstitutional and thus established the Doctrine of Judicial Review
-1810: Fletcher vs Peck. This led to the Supreme Court declaring State Law unconstitutional and thus made States aware they could not Sideline the USCON |
| How Many Cases does the Supreme Court Receive and Hear? | -Sent give or take 8000 Cases Annually
-Hears 60-80 Cases. It Takes a Long Time.. |
| How can Vacancy occur in the Supreme Court of the United States? | -Through the Death of a Justice (Ruth Bader Ginsburg) 2020
-Retiring (Anthony Kennedy) 2018
-Impeachment (Samuel Chase, though it was Acquitted) 1805 |
| How does the Search and Nomination Process work for SCOTUS? | -The Idea is to find a Judge well Qualified and fits the Presidents Wishes
-Ketanji Brown Jackson, Biden's Nominee, had Major Legal Experience (Federal Judge for DC) and part of Biden's Campaign (Black Woman)
-Justices usually come from State of Federal Courts. They usually have also Political Alignments with the President |
| How does the ABA Rating work? | -ABA will Review and Rate a Candidate from 'Not Qualified' to 'Well Qualified'
-ABA is Judicial Experts which aren't Constitutional Standing. Justices should be Well Qualified. Ketanji Brown Jackson was given Well Qualified. Clarence Thomas (1991) was given Qualified |
| How does the Senate Judiciary Committee Hearings and Vote work? | -Committee has 20 Senators and Interviews Candidates about their Suitability and make a Recommendatory Vote
-The Vote for Ketanji Brown Jackson went along Party Lines and Split 11-11. Still, she went Through.
-Merrick Garland had been Refused by the Senate to be Heard. |
| How does the Full Senate Vote work? | -Because the Constitution Warrents the 'Advice and Consent' of the Senate, a Vote takes place on the Nominee
-Coney Barrett, Trumps Nominee, had split 52-48. All Democrats voted against her
-Ketanji Brown Jackson had 53-47 Split. |
| What are the Weaknesses of the Supreme Court Justices Appointment Process? | -Process has been Morphed due to Party Politics. Before 2005, Justices got Unanimous Approval Votes usually. But Recently, the Senate have divided amongst Party Lines with Amy Coney Barret and Ketanji Brown Jackson
-Presidents look for Candidates with their own Ideology. This can Undermine the Principles of the Independence of the Court. (Clarence Thomas, Amy Barrett...)
-Senate Judiciary Committee is now a Show. Televised to the Public, Senators have just been Rambling. For Sonia Sotomayor (2009) she only said 34% of the Words.
-Role of Media undermines the Process, and focuses on Scandals and Controversy from the Candidates. The Character starts to become a Factor |
| What are the Strengths of the Supreme Court Justices Appointment Process? | -Long, Detailed Process makes sure the Right Candidates are at the Important Branch. Well Educated and Experienced
-Role of Elected Officials in this Process means the Supreme Court has Legitimacy and Accountability. |
| -How can Ideology play a Factor in the Presidents Nominee?
-What are Conservative and Liberal Justices? | -Judges will not Categorise them as Liberal or Conservative, it will just be Inferred where the Justice leans. A President will thus get a Judge that is similar to his Ideological Stances
-Conservative Justices will have a Narrow View of the Constitution, think in a Literal interpretation, and want a Smaller Government. Liberal thinks more Widely and to allow for Freedom to be Brought about |
| How can the Balance of Gender and Ethnicity play a Factor in the Presidents Nominee? | -Presidents may want to balance the Court in Gender or Ethnic Terms. Obama did so with Sotomayor, and Biden with Ketanji Brown Jackson. |
| How can Experience play a Factor in the Presidents Nominee? | -Because of how Rigorous, and Politically embarrassing it is if the Nominee fails, the Candidate is expected to come from relatively high Experience in Circuit Courts. |
| What is the Current Composition of the Supreme Court today? | -John G Roberts (Chief Justice) (Conservative) Appointed by GW Bush in 2005
-Clarence Thomas (Conservative) Appointed by GHW Bush in 1991
-Ketanji Brown Jackson (Nuanced, maybe Liberal) Appointed by Biden in 2022
-Samuel Alito (Conservative) Appointed by GW Bush 2006
-Sonia Sotomayor (Liberal) Appointed by Obama 2009
-Elena Kagan (Liberal) Obama 2010
-Neil Gorsuch (Conservative Trump 2017
-Brett Kavanaugh (Conservative) Trump 2018
-Amy Coney Barrett (Nuanced, maybe Conservative) Trump 2020 |
| What is a Swing Justice? | -Refers to Justices who fall Ideologically in the Centre of the 9 SCOTUS Justices |
| Do Supreme Court Justices always Vote for their Ideologies Prefernece? | -No. Of course not
-1/3 of Supreme Court Cases are 9-0. Other factors are Considered by Supreme Justices
-John Roberts, a Famous Conservative Justice, had sided with Obama Care and Abortion Rights. |
| What is Strict/Loose Constructionist? | -Refers to how one thinks about the US Constitution. Loose sees a more Broad Viewpoint of the USCON, while Strict only looks at the Actual Texts Importance. |
